Contracts, Internet Law

Website Privacy Policy Requirements

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If you have a business and your business has a website, chances are you need a privacy policy to be compliant with privacy laws. Failure to do so can result in huge fines or prosecution.

This week I’m researching privacy laws for my own purposes as I develop a website for my law firm but I thought I’d share some of the things I’m learning.

A privacy policy is basically a type of online contract between a company and the users of its website. Though a user may never read it, they impliedly agree to its terms by using the website.

PRIVACY POLICY ARE REQUIRED

Commercial website operators and online services that are accessible to California consumers are legally obligated to develop and post privacy policies on their websites. This means that you do not need to be a California company to be required to abide by this law, you just need to possibly service someone in California. Similar laws apply to other states, countries, and for companies dealing with residents of Europe under the GDPR.

The basic purpose is disclosure. You must tell consumers what data you are collecting and for what purpose.

All privacy policies must be catered to the individual company. No single privacy policy works for all companies doing business online. A good privacy policy must be specifically tailored to a company’s requirements.

The GDPR or CCPA may apply to your website depending on your location and business activities. An accurate opinion for your situation should be obtained from a lawyer who can draft and implement a policy that complies with applicable laws and reflect your business and data collection practices.

If you have a website that serves California residents, feel free to send me your email if you’d like a copy of a general privacy policy that is in compliance with California privacy laws. It is probably not sufficient as-is for your needs, but it’s a good base to start off of.

Lastly, I will leave you with a quote from a privacy & cybersecurity law professor Shaun Jamison, whom I consulted regarding this post:

“Honestly, if you don’t have a privacy policy, you just aren’t living up to industry standards. Some people will refuse to do business with you.”

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Contracts

Influencer Contracts and How To Draft Them

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Influencer marketing is big these days and it works. How do I know? After growing my Instagram to 20,000 followers in one year, I was invited to work with  many prominent companies around the world as an influencer such as with the amazing resort above. As a lawyer who has worked as an influencer, I know exactly what terms you need to include in your influencer contracts to protect yourself, whether you are the business or the influencer. Some of the things you should be thinking about when drafting your agreements are:

  1. The exact scope of work. What is each party agreeing to do in exchange for what? Be specific.
  2. Draft and sign a contract BEFORE you send products, take photos, do whatever it is you are doing.
  3. Typically, the person who takes the photo owns the copyright. If you are a business, perhaps you should consider having the influencer assign the rights to you, or as the influencer maybe you want to keep the rights and license the photos to the company. 
  4. Collaboration agreements are often cross-border/international as the influencer does not live in the same geographical location as the business. Should any issues arise, which state or country laws apply? Agree beforehand.
  5. Define how you are going to pay/get paid. How much, how often, where the money goes, what happens when a payment is late.
  6. Many influencers will post a photo, then delete it shortly after. Always define exactly how long the content needs to stay up, whether the company needs to approve posts beforehand, if the company can continue using the photos indefinitely, etc.
  7. If you have any uncertainties about the terms you are agreeing to, you should always consult an attorney! We make sure you are getting a fair deal.

Happy collaborating 🙂 

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