Tag: Website Legal Compliance

If you plan to grow a successful business online, the last thing you want to do is to find yourself on the wrong side of the law.

As the digital way of life continues growing at breakneck speed and rules constantly change, it’s vitally important to stay informed about what’s going on and ensure that your site remains legal, especially if your digital presence plays an important part in your overall business strategy.

New laws introduced in 2014 to regulate how businesses promote advertising on their websites state that if you plan to promote anything on your website for profit, you need to follow certain principles of disclosure to prevent enforceable orders being issued against you by consumer protection departments, such as the US-based Better Business Bureau (BBB). Do a search online for “The Online Interest-Based Advertising Accountability Program,” which regulates behavioral advertising across the internet for more details.

(Online Interest-Based Advertising Accountability Program – BBB)

The new laws has legal consequences for various online business categories, including:

• Any kind of advertising, like Google AdWords
• Retarget Marketing
• Google Analytics (or other analytics software)
• Affiliate Marketers
• Product Creators
• Bloggers
• etc.

Without legal pages on your website (e.g. terms and conditions of use, privacy statement, financial disclaimers, etc.), many sites like Google won’t let you advertise, online merchants like ClickBank won’t allow you to list digital products, PayPal may shut down your account, Facebook could suspend your applications, and you will not be allowed into a range of advertising and affiliate merchant networks.

You may also be inadvertently leaving yourself open and vulnerable to litigation.

This guide explains the importance of having a legally compliant website and how to quickly and easily add legal pages to your site using inexpensive resources and plugins.

Does Your Website Comply With All Legal Requirements?

Legal Disclaimer: We are not lawyers and we do not offer legal advice. You must do your own due diligence and consult legal experts about the best way of ensuring that your website fully complies with all laws in your country or region.

Why Having A Compliant Website Is Important

Are you at risk? Consider what the implications to your business would be in the following scenarios:

• A user suffers a cardiac arrest after purchasing your online fitness workout.
• The skin cream you promote as an affiliate marketer gives someone who purchases from your link an allergic reaction.
• Your opt-in list provides a statement informing subscribers that you won’t sell their information, but you haven’t described exactly what you’ll do with their personal details.
• Someone copies your content and puts it up on their own website.
• There is no statement on your website or blog letting your site users know that you’re an affiliate for the product you’re selling and may derive a financial benefit if they purchase products through your link.
• You didn’t spell out the terms of your refund and return policies.
• Online visitors claim the testimonials on your site are fake and try to sue you.
• You haven’t disclosed that you received a free copy in your product review.
• Your website publishes adult-related content and you haven’t taken sufficient measures to restrict access by underaged persons.

Consider now the following real case studies of costly compliance breaches:

• A CPA Marketer failed to provide adequate disclaimers telling visitors they would have to give up their personal information to complete an offer they were promoting. Cost = $390,000.
• A social networking app developer was slapped with a massive $800,000 fine for collecting personal information without users’ knowledge and consent – including storing children’s private information.
• Facebook’s Terms Of Service prohibits users from scraping UIDs. Many marketers gambled that they could get away with it and lost. Their accounts were shut down, resulting thousands of $$$ in lost revenue.
• An independently-conducted 2010 study by Brad Geddes of SearchEngineLand, showed that, of a couple of hundred randomly-chosen websites, more than 90% had breached at least one of Google’s policies, more than 65% were breaking at least 2 of Google’s policies, and more than 40% were in breach of at least 3 of Google’s policies. Although the website owners could technically be sued by Google, more than likely what could happen, is that they would be issued cautions or lose access entirely to the Google program with the infringement, which could result in loss of income (e.g. AdSense or AdWords).

Can you see how easy it is to be exposed to the risks of non-compliance?

Regardless of whether you are a:

• CPC (Cost Per Conversion) Marketer
• MLM Networker
• Affiliate Promoter
• AdWords User
• Product Marketer
• Amazon Associate
• e-Commerce Store Owner
• Adult Content Publisher
• Freelancer, Coach or Consultant
• Seller Of Any Product Or Service Online

it’s important to do whatever is necessary to make sure that your digital presence is legally compliant.

Complying With 3rd-Party Services - ToS, Policies, etc.

Leading online companies and government agencies that regulate trade emphasize the need and importance of observing the terms and policies of 3rd-party service providers.

You are obligated to let your site visitors know that your business complies with all necessary laws and recommended guidelines. This not only improves consumer trust and confidence in your site, it’s also a requirement of many companies you interact with.

Let’s take a look at some examples:

Google requires websites to display legal information if using their products. This includes using features like Google Analytics …

(Policy requirements for using Google Analytics)

Monetizing your WordPress sites with Google AdSense ads …

(Google AdSense advertising policy requirements)

And even promoting your products or services using Google AdWords …

(Google AdWords – Policy Requirements)

If you sell products online via merchants like ClickBank, JVZoo, or other established online merchant networks, you are required to add various legal pages to your site before they will approve your products for selling via their network …

(Policy requirements digital product vendors selling via ClickBank)

The FTC (Federal Trade Commission) also requires you to include clear disclaimers and statements on your site, especially when concerning the use of product testimonials or endorsements …

(FTC – consumer guidelines and regulations)

FTC Regulations – Ensuring That Your Website Is Compliant

New FTC regulations governing how business is conducted online were introduced in March 2012. A quick search online will reveal that many sites are unaware (or choose to ignore) these requirements. As is already the case, this often prompts the FTC to make an example of businesses and prosecute companies for breaches of regulation in an effort to get other businesses to comply.

If you do any type of money-making activity online, therefore, it’s best not to take chances. Even if your business does not operate in the U.S. we strongly recommend protecting your business by making sure that your site complies with all FTC regulations and guidelines.

Various sites provide guidelines and examples on how to structure disclaimers and disclosures to help your business comply with FTC requirements. See the references and useful resources section at the end of this article for more information …

(Structuring your disclaimers and disclosures correctly is important to avoid running foul of the law)

Social Media Apps Also Have Compliance Requirements

If you plan to create apps that will integrate with your site, you will also be required to provide sites like Twitter, Facebook, and others with access to your legal pages …

(Facebook developer app – policy requirements)

• If you are not sure whether you are breaking the law, and/or Terms of Service policies and guidelines of sites like Google, Facebook, etc., then it’s best to assume that you most probably are.
• If you plan to promote anything on your site via affiliate marketing, or generate revenue online with Google AdSense, ads for Amazon or eBay products, or driving visitors to your site with Google AdWords, etc., then find out exactly what kind of legal information you are required to include on your site to comply with all Terms Of Service and policy requirements - don’t risk having your accounts shut down.
• If you have been wondering whether “borrowing” a Copyright Notice is Copyright infringement, take proper precautions to protect yourself and your business.

(In addition to legal and regulatory compliance, most 3rd-party websites require you to comply with their policies)

What Legal Information Pages Does My Website Need To Be Safe From Legal Compliance Issues?

If you suspect that your website is falling short in aspects of compliance, then this section will help you.

Adding the following compliance pages to your website will help keep you out of trouble with many consumer protection agencies and third-party service providers, and avoid potential legal issues):

• About Us
• Contact Page
• Privacy Statement
• Terms Of Use
• Website Disclaimer
• General Data Protection Regulation (GDPR) Compliance

Additionally, you may want to consider implementing one or more of these legal pages:

• Affiliate Agreement (e.g. if you sell products or services through an affiliate program)
• Anti-Spam Policy
• Earnings Disclaimer
• External Links Policy
• Financial Disclaimers (e.g. if your website or blog provides general advice about financial areas or money-making opportunities)
• Refund Policy (if you sell products or services online)
• Video/Audio Terms (e.g. if you allow media downloads on your site)

Disclosure Pages – Types

It’s important to add correct disclosure information to your website. For example:

• No Material Connection – Lets your readers know that you will not receive any type of compensation for writing the post.
• Affiliate Links – Informs users that you will receive compensation if they purchase through affiliate links on your site.
• Review/Sample Copy – Explains to visitors that you have received a review or sample copy of the product by the author or product developer.
• Sponsored Post – Disclosure that lets readers be aware that you have been compensated in some way to write the content.
• Third Party Advertising – Lets readers know that you’re using online behavioral tracking technology. This is required to satisfy the “enhanced notice” the Better Business Bureau has been requiring website publishers to show prominently on their sites since January 1, 2014.

How To Add Legal Content To Your Website

Ideally, you should have your lawyer prepare the verbiage of your legal documents. Once this has been created, there are several ways to add them to your website.

Uploading Legal Pages Manually To Your Website

If someone prepares and delivers the legal verbiage for you in typical web page format (e.g. HTML), you can simply upload these to your site, or have someone upload them for you.

We recommend adding a legals folder to your web server and uploading your legal pages to this directory via FTP …

(Upload legal pages to your web server using FTP)

You can then easily add links to your pages in WordPress using a custom WordPress menu …

(Custom WordPress Menu)

Displaying Legal Pages On Your Website

Make sure that your legal pages are kept up-to-date and clearly visible to visitors. You can insert these into the sidebar (or place them in the footer section of your website or blog) to ensure that visitors have access to legal information from all your pages …

(Display links to your legal information on all of your site’s pages)

We have written a detailed tutorial about displaying links to pages on your WP sidebar or footer here:

• Using Widgets

Legal Templates

You can easily find attorney-drafted downloadable website forms and agreements just by searching online, or by visiting websites like the ones shown below:

Find Legal Forms

(Find Legal Forms)

Go here for more details:

• Find Legal Forms

Alternatively, you can download a set of website legal templates written by legal attorney Scott Talbert to help businesses protect themselves online …

Cut And Paste Website Legal Pages

(Cut & Paste Website Legal Pages)

These legal pages were created by an attorney and feature less passive voice and more plain language phrasing and can be customized with a simple quick search and replace to insert your own business details, then pasted into your pages.

The legal forms included in Scott Talbert’s Legal Form Templates include:

• Anti-Spam Policy
• Copyright Notice
• Disclaimer: multi-discipline professional disclaimers
• DMCA Compliance
• FTC Compliance (This proprietary FTC page reflects new Federal Trade Commission guidelines that came into effect in 2012)
• Privacy Policy
• Terms of Service (ToS) & Conditions of Use.

You can either create a new page for every legal form you want to add to your site, then paste the content from the templates into your pages and publish or upload your legal pages to your server as described earlier.

More info:

• Website Legal Pages

Legal Page Plugins

In addition to using templates, another option is to use plugins.

Here are some great plugins for WordPress users worth looking into:

WordPress Legal Pages Plugin

(WordPress Plugin – WordPress Legal Pages)

If you don’t want to bother with creating legal web pages manually, then consider installing a plugin like WordPress Legal Pages …

This plugin is not free, but it’s a reasonably low-priced and well-supported premium plugin that will help simplify the job of creating and implementing legal pages on your website and save you a great deal of time.

Some of the reasons to consider using WP Legal Pages are:

• Built-in Templates – Includes over 20 built-in legal templates created by a team of professional lawyers.
• Quick And Easy To Use – Set up most of the legal pages you need in around 3 minutes with just a few clicks of the mouse.
• Customizable Pages – The plugin includes fully customizable and easily editable legal form templates (e.g. ToS, Disclaimer, Earnings Disclaimer, Privacy Policy and more!)
• Easy To Edit Pages – Content editor lets you edit all legal pages like any page on your site.
• Custom Shortcodes Integration – You can add shortcodes to your WordPress pages and the information will be automatically inserted into your content when you publish.
• Exclude pages. The plugin lets you exclude pages from menus with a simple checkbox and delete and manage these like every other WP page.
• Forced Options – Force page lock down. When users agree to your terms, the page unlocks, giving them access.
• Additional Features – The plugin is updated with new features when new versions are released.

After installing WordPress Legal Pages, a new menu item will appear in your WordPress dashboard area …

(WP Legal Pages Plugin – Menu)

This lets you create, view and edit legal pages from the admin area …

(WP Legal Pages Plugin For WordPress – Settings)

With WP Legal Pages, you have the option of easily creating legal pages for different types of sites, such as business websites, affiliate sites, Amazon sites, etc …

(WP Legal Pages – Create different legal pages)

You can also choose from various pre-configured legal templates …

(WordPress Legal Pages Plugin – Built-In Templates)

Legal page templates include:

• Terms of Use (Users are forced to agree to Terms and Conditions before using site)
• Linking Policy
• External Links Policy
• Terms and Conditions
• Refund Policy
• Affiliate Disclosure
• Privacy Policy
• Affiliate Agreement
• Facebook Privacy Policy
• Earnings Disclaimer
• Antispam Policy
• DoubleClick DART Cookies Policy
• Disclaimer Template
• FTC Disclosure Statement Template
• Medical Disclaimer Template
• Testimonials Disclosure – As per FTC guidelines
• Amazon Affiliate Disclosure Template
• DMCA Policy Template
• California Privacy Rights Policy Template
• Digital Goods Refund Policy Template
• COPPA – Children’s Online Privacy Policy Template
• Blog Comments Policy Template
• Newsletter Subscription Policy and Disclaimer Template
• FTC Disclaimer Widget

Go here to learn more about this plugin:

• WP Legal Pages Plugin

Compliance Bar – Website Compliance Plugin For WordPress

complete website compliance & disclaimer solution …

Go here to learn more:

• Compliance Bar – WP Compliance Plugin

Legal Suite Pro

(Legal Suite Pro For WordPress)

Legal Suite Pro lets you easily install professionally-written legal pages such as:

• Anti-Spam Policy
• Copyright Notice
• DMCA Compliance
• FTC Compliance
• Privacy Policy
• Social Media Disclosure
• Medical Disclaimer
• Terms of Service
• Earnings Disclaimer

(Legal Suite Pro For WordPress – Professionally-written legal forms)

Additionally:

• Drag & Drop FTC Disclaimer Widget: Add an FTC Disclaimer to any WordPress sidebar or widget area.
• Customizable EU Cookie Compliance Bar: Display an EU cookie compliance bar if you are getting traffic from the EU and your sites use cookies.

With just one-click you can install almost all of the legal pages your site needs and these professionally written legal pages can be created in your theme and/or as a standalone page outside of your theme.

The plugin developers secured rights to high quality, professionally written legal disclaimers and packaged them into a plugin that can be installed quickly on any WordPress powered site. You can have legal pages installed and set up on your site in less than one minute and the plugin licensing is flexible, allowing you to install and use the plugin on all of your sites (even sites that you decide to sell).

More information:

• Legal Suite Pro

If hiring lawyers to create your online legal documentation is out of your budget, then consider implementing at least some basic form of legal protection on your website until you can afford a lawyer.

We want your site to be protected!

Download the Legal Pages Generator software below (for FREE!), or consider choosing one of the better solutions we discuss in this article, such as using legal documents, or plugins as described in the section below.

(Legal Pages Generator)

Legal Pages Generator Software quickly generates basic legal documents for your website including ToS, Privacy Policy, Copyright Notice, Website Disclaimer and optional Earnings Disclaimer.

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As stated earlier, if you do any kind of business online (or are planning to), you need to make sure that your site remains compliant with regulatory agencies and the guidelines and terms of service (TOS) of 3rd-party services and products that you may decide to promote or sell online. If your website isn’t compliant with laws designed to protect consumers, you’re breaking the law.

Being non-compliant puts you at risk of suffering both financial losses and the loss of your reputation. Why risk your money and reputation, when you can protect yourself so inexpensively?

Disclaimer: Once again, please note that we are not lawyers and we do not offer legal advice. You must do your own due diligence and consult legal experts about the best way of ensuring that your website fully complies with the law in your country or region.

Legal Resources & References

Below is a useful list of additional sites we recommend you visit to better understand what your business requires to remain compliant and meet its legal requirements and guidelines:

• FTC Latest List Of Rules & Regulations
• Federal Trade Commission Advertising & Marketing Rules Of the Road
• FTC Advertising And Marketing On The Internet
• Better Business Bureau
• Dot Com Disclosures: Information About Online Advertising
• Restore Online Shoppers’ Confidence Act
• CAN-SPAM Act Guide
• Children’s Online Privacy Protection Rule
• FTC Regulatory Review Web Page
• FTC Rules and Guides Currently Under Review
• The Department of Commerce Internet Policy Task Force – Commercial Data Privacy and Innovation in the Internet Economy: A Dynamic Policy Framework
• FTC Staff Report: Self-Regulatory Principles for Online Behavioral Advertising
• FTC Final Guides Governing Endorsements and Testimonials
• United States Patent and Trademark Office
• United States Copyright Office

See Also …

• Analytics Help – Policy requirements for Google Analytics Advertising Features
• Google AdSense Program Policies Explained
• Google AdSense Help – Required Content
• Google AdWords – Information Collection And Use
• AdWords Help – What to include in your privacy policy for remarketing
• ClickBank – Creating Your First Product
• Facebook Platform Policies

We hope you have found this article useful and that it has helped you understand why it’s important to have a compliant website. Use the information presented above to quickly add all necessary legal pages to your website or blog.

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