Legal requirements for websites?

10 replies
I was reading something that said about legaly rewuired items a website must have. And I thought I have heard this before, but like so much published on the web, it might be bull crap. I have never seen anyone point to any law or regulation that spells this out.

This said a TOS and privacy policy were required by law. So can anyone point to any law or regulation that states this?
#legal #requirements #websites
  • Profile picture of the author webitemsllc
    There is no law. If you are a business and own a website, a TOS and privacy policy is a necessity if you are collecting personal info of any kind. Ie, user names and passwords, posts using peoples facebooks, selling and collecting shipping/billing info.
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  • Profile picture of the author timpears
    I have read multiple times you are required to have these things, so basically people are just spouting off BS?
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  • Profile picture of the author GarrieWilson
    California is the only state I know of that requires a privacy policy.

    Online Privacy Protection Act - Wikipedia, the free encyclopedia

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    • Profile picture of the author Kevin Riley
      In most places, it is not a legal requirement; HOWEVER, it is a good practice to have legal pages (privacy policy, TOS, DMCA notice, earnings disclaimer, etc. as relevant to content). It gives you a professional appearance, and is required for many paid traffic sources.
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      • Profile picture of the author Ajay Joshi
        Could some one share the points to be covered in Anti Spam,Privacy,Diclosure,Disclaimer,TOS
        Basically required for website and for fb ads
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  • Profile picture of the author BradVert2013
    I'm not aware of any specific law. But I know if you have affiliate links, the FTC requires you disclose they are affiliate links. Same with paid reviews.

    Also, if you're many affiliate services like Amazon require some kind of privacy policy and a clear statement that you are an Amazon Associate. Google requires a privacy policy for Adsense users.

    While there may be no law, it's usually good practice to have a privacy policy, TOS, etc.
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  • Profile picture of the author wordpressmania
    You can have a website with your own content or product... I know about something related domain name... like ebay.com.bd is aviable to buy but I will not do it as the trademark was ownd by ebay worldwide. It is also same for Google.

    Just be aware you are not stealing any trademark and you will be safe.
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  • Profile picture of the author IMBlest
    I have been wondering about this myself, whether or not a TOS or privacy policy is required by law.

    I have been trying to do some research on this and what I have found is getting me a little confused.

    The following SBA website claims that it is not required by law:
    Privacy Law | SBA.gov

    However, I found a website owned by a lawyer who specializes in TOS and privacy policy that claims that it is against the law in some states and in some countries abroad not to have a privacy policy displayed on the website.

    Here is the link to the lawyer's website:
    Terms and Conditions Lawyer, Terms of Service, Privacy Policy Attorney

    In addition, I found the following website by Bob Silber who is also a lawyer and who I believe is a member of the Warrior Forum:
    FTC Legal Forms For Your Web Site

    On his website, Bob Silber said,
    "If Your Web Site Business Isn't Compliant With The FTC Rules & Regulations, Your Personal & Business Assets Could Be Seized, Or Worse You Could Face Criminal Prosecution".

    Bob Silber also said on his website,
    "Mrs. Fields Cookies and Hershey's Chocolate were fined $100,000 and $80,000 respectively, by the Federal Trade Commission, for having an improperly worded privacy statement on their sites."

    Based on what I have read on both attorneys' websites, it is probably a good idea to have a well written privacy policy and tos on your websites.
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    • Originally Posted by IMBlest View Post

      I have been wondering about this myself, whether or not a TOS or privacy policy is required by law.

      I have been trying to do some research on this and what I have found is getting me a little confused.

      The following SBA website claims that it is not required by law:
      Privacy Law | SBA.gov

      However, I found a website owned by a lawyer who specializes in TOS and privacy policy that claims that it is against the law in some states and in some countries abroad not to have a privacy policy displayed on the website.

      Here is the link to the lawyer's website:
      Terms and Conditions Lawyer, Terms of Service, Privacy Policy Attorney

      In addition, I found the following website by Bob Silber who is also a lawyer and who I believe is a member of the Warrior Forum:
      FTC Legal Forms For Your Web Site

      On his website, Bob Silber said,
      "If Your Web Site Business Isn't Compliant With The FTC Rules & Regulations, Your Personal & Business Assets Could Be Seized, Or Worse You Could Face Criminal Prosecution".

      Bob Silber also said on his website,
      "Mrs. Fields Cookies and Hershey's Chocolate were fined $100,000 and $80,000 respectively, by the Federal Trade Commission, for having an improperly worded privacy statement on their sites."

      Based on what I have read on both attorneys' websites, it is probably a good idea to have a well written privacy policy and tos on your websites.
      When a websites places cookies on the users their computer > a privacy policy is always required.

      so it's always mandatory when referral programs are used. But when you are a photographer and you use your site to show your work then this doesn't apply.
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  • Profile picture of the author amalgam
    PRIVACY POLICY

    With rare exception, websites and blog owners are required by law to have a privacy policy. And that privacy policy needs to have specific provisions and disclosures to comply with existing and the new laws effective Jan1, 2014. What many fail to understand is that California's new law A.B. 370 acts like a federal law. If residents from California visit your website or blog, or purchase something from you, you are required to comply with the new law no matter what state you live in.

    California's new laws reach most website or blog operators in the U.S., And the attorney general of California can hit you with a $2,500 fine if you do not comply with their "Do Not Track" law A.B. 370.

    However, for now, the California's Attorney General's office says they will give online operators 30 days to comply with the new law before issuing a fine. Also, your privacy policy is required to be posted in a clear and conspicuous spot on your website or blog. The same applies to legal disclaimers.

    WEBSITE TERMS OF USE

    A website terms of use govern a user's legal rights about the website and provide the website owner with control over their legal relationship with their users, visitors, and members. If your website or blog provides any service, content, advice, opinions, blogs, or web postings, it should have a well-drafted terms of use with the right DISCLAIMERS to protect yourself. This is your first line of defense should problems arise from customers or visitors. In most jurisdictions, a terms of use constitute a legally binding agreement and is enforceable in court.

    Although these two important documents are designed to protect you; they can also be used against you in court if not drafted properly, or if you violate them.

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