In 1997, websites were glorified brochures that might contain a copyright symbol, the year, and maybe the company’s legal name. Today, 27 years later, legal copy is much more complex. From simple contact forms that collect customer information to e-commerce sites that take payments and process credit cards and the complexities of ensuring HIPPA regulations when it comes to medical information, many more laws are in place that must be followed to ensure the usage of cookies, data protection, and consent. Then, throw in international laws, and it’s a complex landscape to navigate.

Since we are writing this article from the perspective of a website design and development company, we are sharing what we’ve learned over the years and have researched the current landscape of what is being required these days. However, we are not attorneys; you should always ensure you have a source that will hold up legally and protect your business.

Understanding Cookies and Their Legal Implications

If you’ve ever logged onto the internet at Starbucks, you’ve seen that you have to agree to the use of cookies (and, as they say, ‘not the kind you eat’). Cookies are small data files stored on a user’s device that track and store information about their interactions with a website. They enhance the user experience by remembering preferences and facilitating functionalities like shopping carts. However, they also raise privacy concerns, especially when tracking user behavior across sites.

The European Union’s ePrivacy Directive mandates that websites must obtain user consent before storing non-essential cookies on their devices. This directive was strengthened by the General Data Protection Regulation (GDPR), which requires that consent be informed, specific, and freely given. Non-compliance can result in significant fines and damage to a company’s reputation.

The Role of Compliance in Data Protection

Data is big business, and your personal data is valuable, especially for marketing. While there are systems in place to avoid directly tying your data to a marketing database, there are still instances where your specific information can be tied directly to you and not a general demographic profile.

Because of this, websites must comply with broader data protection laws, such as the GDPR in the EU and the California Consumer Privacy Act (CCPA) in the U.S. These regulations govern how personal data is collected, processed, and stored and grant users rights over their data, including access, correction, and deletion. Additionally, many states have enacted their own compliance laws for user data.

For instance, the GDPR requires that data processing activities have a lawful basis, such as user consent or legitimate interest. It also mandates transparency, meaning websites must clearly inform users about data collection practices. Failure to comply can lead to hefty fines and legal actions.

The Necessity of Obtaining User Consent

Obtaining explicit user consent is a cornerstone of data protection laws. Consent must be an unambiguous indication of the user’s wishes, given through explicit affirmative action. Pre-ticked boxes, a common practice, or implied consent do not meet legal standards.

Implementing a consent management system ensures compliance and encourages trust with users. When users feel their privacy is respected, they are more likely to engage positively with your website.

Types of Content for Legal Compliance

Most websites are okay with only the first three items below: Cookie Policy, Privacy Policy, and Terms. Disclaimers are an extra layer of protection. The Return Policy is a must for an eCommerce website. It is always best to consult with an attorney, but your website designer and/or developer should be able to guide you into what is best for your business.

• Cookie Policies: Clearly explain what cookies are used, their purpose, and how users can manage them.
• Privacy Policies: Ensure you detail your data collection, processing, and storage practices and inform users of their rights.
• Terms of Service: This page lays out the expectations and rules for using your website. It can help limit your business’s liability and protect your intellectual property (IP).
• Disclaimers: This is usually used additionally to limit liability for third-party advertisements, health and fitness advice, health products, affiliate links, and information that could be seen as legal advice.
• EULA (End User License Agreement):  The EULA is a legal contract between the software developer or vendor and the user, outlining the terms and conditions for software use, specifying usage restrictions, and detailing the rights and responsibilities of both parties, with the user typically accepting limitations on modifying, sharing, or reverse-engineering the software.
• Return Policy: Although businesses are not legally required to provide refunds or accept returns, many retail companies do so to foster trust and demonstrate fairness to their customers. A well-defined return and refund policy can help set clear expectations and prevent misunderstandings.

Additionally, in regards to all the legal content, you should:

1. Make User-Friendly Consent Mechanisms: Use clear and accessible methods for users to provide and withdraw consent.
2. Do Regular Audits and Updates: Monitor and update your compliance practices to align with evolving laws and regulations.

By prioritizing legal compliance in areas such as cookies, data protection, and user consent, you not only adhere to legal obligations but also build a trustworthy and transparent relationship with your audience. This commitment to privacy and compliance is fundamental to a responsible digital presence.

This is all great, but how do I add all this to my website?

Blue Zoo initially worked with an attorney for its employee, contractor, hosting, and design contracts. When it became apparent that we needed a Privacy Policy and Terms of Service, we sought an attorney to help us review our website’s legal content. Multiple companies now offer plugins to add your legal content and companies that continually update the policies displayed on your website based on ever-changing laws. Here are some ways to get legal content for your website:

• Contact Your Attorney. This is probably one of the best resources you can use. If they aren’t familiar with a website’s legal content, they can surely refer someone to you.
• Auto-Updating Platforms: Termageddon. This company will ensure all laws for your legal forms are updated internationally. Blue Zoo Creative began using Termageddon in 2024, and we are a Data Privacy Certified Agency Partner that resells its services. Their services are generally $12 a month  ($119/annually) and include a Privacy Policy, Cookie Policy, Terms of Service, Disclaimer, and an EULA Policy (if needed). At the time of this article, through December 5th, 2024, you can get the first year at 30% off using code BLUEZOO at checkout. Visit the site by using this link.
• One-Time Generator (with add-ons). Many websites allow you to generate legal content as needed for a flat fee by answering questions. However, more customized solutions may require additional fees. TermsFeed.com offers free levels of all types of legal contact plus upsells for specific needs. (Blue Zoo has no affiliation to TermsFeed).

After identifying what legal content you need and having what you need from your attorney or service providing legal content, you’ll create and save a page for each policy and save it. For the Cookie policies, you’ll often need a plugin or script from a company so visitors can select and save their preferences. If you need help adding policies to your website, are a client of Blue Zoo Creative, or have a WordPress website, don’t hesitate to contact us; we’ll see how we can help. Remember, we’re not lawyers, so check with your lawyer and confirm that this information applies to your business.