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.
How to Protect Your New Jersey Business When Going through a Divorce
The most effective ways to protect your business in a divorce are put in place before one begins: a prenuptial or postnuptial agreement, clean separation of business and personal finances, and divorce contingencies built into your operating or buy-sell agreements. If divorce is already underway, the priorities shift to establishing how the business is classified […]
The most common franchise disputes involve breach of contract, franchise termination and non-renewal, intellectual property rights, territorial encroachment, royalty and fee payments, franchisor support obligations, and violations of state franchise laws such as the New Jersey Franchise Practices Act. Franchisors and franchisees can often resolve these conflicts by providing written notice detailing the dispute and […]
Reputational Risk and Legal Exposure: Why New Jersey Businesses Must Manage Them Together
New Jersey businesses must manage legal and reputational risk together because modern disputes play out on two fronts at once: the legal proceeding itself and the court of public opinion, where customers, employees, investors, and business partners often reach conclusions long before a judge or jury has had the opportunity to evaluate the facts. Success […]
Eviction Is Not Always the End: Understanding Post-Possession Rent Claims in New Jersey and New York
No. An eviction does not automatically end a tenant’s obligation to pay rent. Post-eviction rent claims are common because recovering possession resolves who has the right to occupy the premises, but it does not extinguish the tenant’s contractual obligations under the lease. Whether unpaid or future rent remains owed depends on three factors: the lease’s […]
Company Dissolved? Legal and Financial Consequences to Expect
A company is dissolved; legally, it ceases to exist. Accordingly, dissolution results in significant legal and financial consequences. It is a process that must be properly managed to avoid continuing liability. The Corporate Dissolution Process Corporate dissolution is the legal process of formally closing a corporation, paying its debts and distributing the remaining assets. Most […]
The Legal Implications of Signing a Triple Net Lease
A triple net lease is a commercial lease in which the tenant pays the property’s real estate taxes, insurance, and maintenance costs, known as the three nets, in addition to base rent. They are most often used in freestanding retail and office buildings and in large single-tenant industrial properties, with terms that typically run 10 […]
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Sign up to get the latest from our attorneys!
Explore What Matters Most to You.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!
