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.
“No Comment” Culture: Why Silence Is Often the Riskiest Legal Strategy
A “no comment” response is sometimes the right call when a legal problem arises. As a blanket policy, however, it lets allegations go unanswered, deadlines pass, evidence disappear, and manageable disputes grow into expensive litigation. The businesses that fare best are usually the ones that say little publicly while acting decisively behind the scenes. When […]
Utility-Scale Battery Storage Projects: A Legal Roadmap for Developers, Property Owners and Other Stakeholders
Utility-scale battery energy storage systems (BESS) are becoming an increasingly important component of the electric grid throughout New Jersey, New York, and Pennsylvania. As renewable generation expands, electricity demand increases and grid operators seek greater flexibility, battery storage can help balance supply and demand while providing additional capacity and reliability. For developers, battery storage presents […]
Navigating Disputes: Hire a Partnership Dispute Lawyer
A falling out between partners can be disastrous for any business. In many cases, the partnership will not survive. If you are in an unworkable situation with your partners, it may be time to consult a partnership dispute lawyer experienced in handling partnership breakups and dissolutions before the situation deteriorates any further. It is easy […]
Section 363 Sales in Bankruptcy: What Businesses, Lenders, and Buyers Need to Know
When a company enters Chapter 11 bankruptcy, many assume the process will culminate in a lengthy reorganization plan. However, distressed businesses are increasingly being sold through a different mechanism — a sale under Section 363 of the United States Bankruptcy Code. A Section 363 sale allows a company, as a debtor-in-possession in bankruptcy, to sell […]
Zoning Laws Explained: What You Need to Know Before Buying Property
Before buying property, it is critical to determine whether local zoning laws may affect your plans. If you plan to redevelop the property, you will want to confirm that local zoning regulations permit development as intended. If acquiring property that is already developed, you must verify that the use is permitted in the underlying zoning […]
Special Needs Trusts in New Jersey: Planning for Your Loved One’s Future
For parents of a child with a disability, estate planning raises concerns that go well beyond deciding who will inherit their assets. Parents may spend years making sure their child has the right care, services, and support. Eventually, they must also confront a difficult question: Who will take over when they can no longer do […]
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