In the Digital Age, It Is Important For Businesses To Make Sure Their Online Presence Won’t Lead To Unintended Website Liability
In the digital age, even most small businesses have a website. Whether you use your website to sell products or simply advertise your services, it is important to make sure that your online presence won’t lead to unintended website liability.
Some of the most common website pitfalls revolve around intellectual property. To avoid possible exposure to a copyright or trademark litigation lawsuit, it is imperative to ensure that all content used on the website is owned by your business or properly licensed.
Many businesses learn the hard way that just because images are readily downloadable from the Internet, they are not free to use without permission. Since photographs are automatically protected by copyright when they are created, businesses must generally obtain the owner’s permission — often in the form of license — prior to using them. Many “stock” images are actually owned by licensing companies that aggressively police the Internet for images that are used without permission.
Protecting Website User Privacy
Privacy should also be a top priority, given the legal and reputational harm that can result from a data breach. While the terms will vary by industry, every business should include a detailed privacy policy on their website that addresses the various types of private data collected from users and how it will be safeguarded and used by the company in the future.
Depending on the type of business, privacy policies may also need to comply with a range of state and federal laws, such as the Health Insurance Portability and Accountability Act, Children’s Online Privacy Protection Act, and the Gramm-Leach-Bliley Act.
Website Legal Disclaimers
Business websites may include legal disclaimers, the specific nature of which will depend on the nature of the site and the business. The basic premises of a disclaimer is to seek to limit the liability that could arise from the website by defining the rights and responsibilities of your business and website users. Other issues typically addressed in disclaimers include advertising and links to third-party websites. Importantly, your sites may also be appropriate for the inclusion of click-on agreements with your users.
Finally, it is also important to remember that what you write online can be used against you in a lawsuit. For instance, lists of business locations, service areas, or locations of customers could impact personal jurisdiction or venue issues. In addition, statements about your products or services that are misleading or inaccurate could also result in a false advertising claim and harm your company’s credibility.
Secured transactions form the backbone of a wide range of business dealings, including business loans, mortgages, and inventory financing. Because the stakes are often high and relatively minor oversights can have drastic consequences, lenders and borrowers should thoroughly understand how to form an enforceable security agreement that protects their legal rights. What Is a Secured […]
Don’t Cash a “Paid in Full” Check Without Understanding the Legal Implications
Cashing a check marked “paid in full” can be a risky endeavor, particularly if you don’t fully understanding the legal implications. If you are owed more than the amount of the check you accept and deposit, you may waive your right to collect the full disputed amount. That is why you should consider either rejecting […]
Changes to Qualified Small Business Stock Will Benefit Startup Founders and Investors
The One Big Beautiful Bill Act of 2025 (OBBBA) significantly impacts federal taxes, credits, and deductions. A key change relating to Qualified Small Business Stock (QSBS) allows greater tax-free gains for investments in startups and other qualifying small businesses. Company founders and other investors should understand how the enhanced tax strategy works or risk missing […]
Corporate Consolidation and Antitrust Issues in Mergers
Corporate consolidation involves two or more businesses merging to become a single larger entity. The result is often a stronger and more competitive company that can better navigate today’s competitive marketplace. What Is Corporate Consolidation? Corporate consolidation closely resembles a basic merger transaction. The primary difference is that a consolidation creates an entirely new business […]
Business law plays a critical role in nearly every aspect of running a successful enterprise, from negotiating a commercial lease to drafting employee policies to fulfilling corporate disclosure obligations. Understanding what is business law and your legal obligations can help your business run smoothly and build productive relationships with clients, business partners, regulators, and others. […]
Corporate Transactions: Best Practices for Successful Deals
Corporate transactions can have significant implications for a corporation and its stakeholders. For deals to be successful, companies must act strategically to maximize value and minimize risk. It is also important to fully understand the legal and financial ramifications of corporate transactions, both in the near and long term. Understanding Corporate Transactions The term “corporate […]
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