I’ve known Ingrid for a while now. We “hang out” in some of the same online circles. She was the first person that came to mind when I needed some “legal eyes” and advice.
I knew I wanted to have her share her expertise and help others who may be in a similar spot to me, and so it was a no brainer to ask her if she would be a guest author…
So…..today I’m sharing an article by the wonderful Ingrid Fernandez of Dec + Dash Legal Consulting - “Getting your website legally compliant – 3 essential tips”.
It’s a jam packed, super useful read, so enjoy!…

Over to you Ingrid…

When you’re ready to launch your business or take your current business offering into the online space, you’ve got loads to think about: the design of the site, the colours, the copy and all those other important aspects which will get your customers looking, loving and buying. One of the things that may not be front of mind is legal compliance. 

While it’s definitely less fun and exciting than the design part, it’s very important to make sure you’re giving visitors to your website all the information you’re required to, and you’re protecting your business as well. I’ll break down below the key documents you need to have in place, and what they need to contain, in order to ensure that the stunning website Krishna is designing for you also ticks all the legal boxes.

Privacy Policy

I’m sure you’ve heard about privacy policies and ticked the “I’ve read and agree” button on the privacy policies of numerous websites. No judgement here – I know they’re not the most riveting read, and who has the time?! But under Data Protections Laws and Regulations in the UK, you are required to have one when you collect or process any personal information about visitors to your website. If you run any kind of business, your website privacy policy is also the ideal place to give customers information about what you do with their personal information.

By law, your privacy policy should contain the following information:

• the types of personal information you collect;

• where you got this personal information from;

• what you will do with the personal information you collect, and the legal basis you’re relying on for processing their information;

• who you share personal information with;

• how long you will keep the personal information for;

• an individual’s rights in relation to the personal information you hold; and

• your contact details and how people can get in touch with you.

A privacy policy does not need to be drafted by a lawyer, and you can use a template to help you with the wording. But it’s a legal requirement for the policy to be personalised and specific to your business and the personal information you collect. For instance, the personal information I collect about my clients will be completely different to the personal information Krishna collects about her clients, and it’s important to ensure you’re giving visitors to your website the correct information.

For more information about what to include in your Privacy Policy, check out the Information Commissioner’s Office website, and specifically this guide about what to consider to ensure your Privacy Policy is compliant.

Cookie Policy

Again, we’ve all seen those cookie banners on every.single.website we visit. I know, it’s annoying. I know, you don’t read them either. But, as with privacy policies, it’s a legal requirement to give visitors to your website accurate information about the cookies in use.

If you don’t know a lot about cookies, don’t worry because you’re not alone. Put simply, a cookie is a small text file which is placed onto the device of the person visiting your website when they visit. Cookies can help you to recognise visitors to your website and store some information about their preferences or past actions. Some cookies can also help with advertising and retargeting of visitors.

If you want to understand a bit more about cookies and how they work (in layperson’s terms!), check out this guide.

The four types of cookies are:

1. Strictly necessary cookies – These are required for the operation of your website; 

2. Analytical or performance cookies – these allow you to recognise and count the number of visitors to your website and to see how visitors move around your website when they are using it;

3. Functionality cookies – These are used to recognise visitors when they return to your website;

4. Targeting cookies – these record a visitor’s visit to your website, the pages they have visited and the links they have followed. 

As well as letting visitors know which cookies you use, you also need to give them the opportunity to refuse them and let them know how to do that.

T&Cs

Last, but definitely not least, comes T&Cs. A lot of people can get overwhelmed with what they need to be legally compliant, but it doesn’t need to be difficult. There are two key sets of T&Cs which you may need for your website, depending on what your website does:

• Website T&Cs – these are important to ensure your content is protected. If you share photos or copy which you have created or which you own the rights to, you want to protect that very valuable intellectual property. And that’s where your website T&Cs come in – they set out what people can and can’t do with your content. They’re also legally required if you have any affiliate links on your website, or if you post sponsored content, as visitors need to be advised if you receive a benefit from them viewing or purchasing products based on your content.

• Terms of Sale – these are legally required if you sell anything through your website. Whether you sell physical products, services, or digital products such as ebooks, you need to give buyers particular information to be compliant with the UK’s Consumer Rights Laws. These T&Cs should include payment details, cancellation and refund information, and what a buyer’s options are if they purchase something that turns out to be faulty. For those in the UK, you can find some guidance here on what information you need to give customers when you’re selling online.

And that’s all the things! Once you have these documents in place, you can be sure your website is legally compliant. Hooray! 

Conclusion

I get it’s not always that simple (sadly). If you need any help working out which documents you should have, or you want help putting the documents together so you can get on with the fun parts of getting your website out in the world – feel free to get in touch with me via email at ingrid@decanddash.com or via my website www.decanddash.com and we can discuss how to get you compliant ASAP. If you would like some legal nuggets of wisdom in a visual medium, feel free to come chat with me on Instagram at www.instagram.com/decanddash_ingrid

Ingrid Fernandez is a lawyer and founder of Dec + Dash Legal Consulting. She helps small business owners and freelancers with the legal aspects of their work in a straight-forward and easy to understand way.

If you're wanting to launch a new product or service, or wanting to take your current product or service online, Ingrid can help you get the legal bits sorted quickly and simply.