2010 Resolution -- Give Your Website a Legal Check-Up
- By Chip Cooper
- Published January 28, 2010
- Internet
- Unrated
Chip Cooper
Chip Cooper – Leading Internet, IP and software lawyer Chip Cooper has automated the process of drafting website legal compliance documents with his MyLegalFirewall website documents drafting service. Use his free online tool Website Documents Determinator (http://digicontracts.com/whichdocs/) to quickly determine which documents your website really needs. And grab your 3 complimentary Special Reports.
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Copyright © 2010 Chip Cooper
We all make New Year’s resolutions – some are personal, some are business or professional in nature. Even if we don’t actually make New Year’s resolutions, we engage in formal and informal “planning” as we look ahead to the new year.
If you operate a website, you’re probably aware that your website operations are now highly regulated. And the pace of legal regulations continues to accelerate.
Which means that you face an increasing risk of legal liability.
So, it’s a good idea to give your website a legal check-up and to update your site before it’s too late.
General Issue Checklist
The general checklist below covers issues that are not new issues which arose in 2009. These issues have been around for a while, but some may be new to you, particularly if your website or marketing activities changed recently.
* Copyright Notice. These are the basic elements of a copyright notice: the word "copyright" or copyright symbol (c in a circle) followed by the year of first publication followed by the name of the copyright owner followed by “All rights reserved worldwide.” Here’s an example taken from my digicontracts.com website: Copyright 1996-2010 Digital Contracts, Inc. All rights reserved worldwide.
* Blogs. If you’ve recently added a blog to your site, or if your site is a blog site, it’s possible that a visitor could post infringing materials (e.g. text, video links, images). Under the strict principles of copyright law, you’d be a copyright infringer even if you were unaware of the posting. Your liability could be significant. The Digital Millennium Copyright Act (DMCA) provides a “safe harbor” from liability provided you publish a DMCA notice and register with the Copyright Office.
* Collection, Use and Sharing of Personal Information. Your marketing activities determine the categories of personal information you collect, how you use it, and how you share it. As you evolve your marketing practices over time, it’s easy to forget that your Privacy Policy should reflect your actual practices regarding personal information. This is one area in which most online marketers are the most vulnerable to legal liability. So, review carefully your present and anticipated future marketing activities that include personal information and update your Privacy Policy accordingly.
* Data Security. Technology and security practices are in a continual state of evolution. You’re required to implement and maintain “reasonable and appropriate” data security measures, according to the Federal Trade Commission (FTC). If your site does not actually implement up-to-date measures, you should update them immediately.
We all make New Year’s resolutions – some are personal, some are business or professional in nature. Even if we don’t actually make New Year’s resolutions, we engage in formal and informal “planning” as we look ahead to the new year.
If you operate a website, you’re probably aware that your website operations are now highly regulated. And the pace of legal regulations continues to accelerate.
Which means that you face an increasing risk of legal liability.
So, it’s a good idea to give your website a legal check-up and to update your site before it’s too late.
General Issue Checklist
The general checklist below covers issues that are not new issues which arose in 2009. These issues have been around for a while, but some may be new to you, particularly if your website or marketing activities changed recently.
* Copyright Notice. These are the basic elements of a copyright notice: the word "copyright" or copyright symbol (c in a circle) followed by the year of first publication followed by the name of the copyright owner followed by “All rights reserved worldwide.” Here’s an example taken from my digicontracts.com website: Copyright 1996-2010 Digital Contracts, Inc. All rights reserved worldwide.
* Collection, Use and Sharing of Personal Information. Your marketing activities determine the categories of personal information you collect, how you use it, and how you share it. As you evolve your marketing practices over time, it’s easy to forget that your Privacy Policy should reflect your actual practices regarding personal information. This is one area in which most online marketers are the most vulnerable to legal liability. So, review carefully your present and anticipated future marketing activities that include personal information and update your Privacy Policy accordingly.
* Data Security. Technology and security practices are in a continual state of evolution. You’re required to implement and maintain “reasonable and appropriate” data security measures, according to the Federal Trade Commission (FTC). If your site does not actually implement up-to-date measures, you should update them immediately.