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.
Breaking Down New Jersey’s “Mansion” Tax: What Buyers and Sellers Need to Know
For many years, the New Jersey Mansion Tax has been a significant consideration in high-value real estate transactions. Recent legislative changes, however, have substantially altered how the tax operates, including who is responsible for paying it and the amount owed in certain transactions. Whether you are purchasing, selling, or investing in New Jersey real estate, […]
Estate Planning for Digital Assets Under New Jersey Law
As our personal and financial lives increasingly move online, estate planning must evolve to address a new category of property: digital assets. From email accounts and social media profiles to cryptocurrency and cloud-stored business records, these assets often carry both financial and sentimental value. Yet, without proper planning, they can become inaccessible—or even lost—upon incapacity […]
The Role of Representation and Warranty Insurance in M&A Transactions
In today’s mergers and acquisitions market, representation and warranty (R&W) insurance has become a common feature of deal negotiations. Once used primarily in larger transactions, R&W insurance is now frequently incorporated into middle-market deals as buyers and sellers look for efficient ways to allocate risk and close deals. When structured properly, R&W insurance can help […]
You Just Received a Federal Grand Jury Subpoena in New Jersey: Now What?
Receiving a federal grand jury subpoena is not something most businesses or individuals anticipate. While it can be concerning, a federal grand jury subpoena does not necessarily mean that you are being accused of wrongdoing. It does, however, mean that a federal criminal investigation is underway and that federal prosecutors believe you may possess information […]
Why Every Business Should Conduct an Annual Insurance Coverage Review
Most New Jersey business owners purchase insurance policies, file them away, and assume they are protected if a claim arises. Without a regular insurance coverage review, many companies discover gaps only after a lawsuit, cyberattack, property loss, or other significant event occurs. An annual insurance coverage review can help businesses identify potential risks, ensure their […]
Demand Letters & Cease and Desist Letters: When to Send One (and When Not To)
Businesses and individuals often encounter situations where another party breaches a contract, fails to pay a debt, or continues harmful conduct. In many such disputes, a precisely drafted demand letter or cease-and-desist letter serves as a powerful legal tool. It can frequently resolve the dispute and avoid litigation. While demand or cease-and-desist letters can resolve […]
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