You’re starting a website. What legals do you need? It’s one of the most common questions we’re asked, so we’ve created a colourful, 6-step infographic which will explain the most common legals you’ll need to have posted on your new page. Or, keep reading and we’ll explain it all to you here.
1. Does your website have an email newsletter or contact form?
2. Do you or are you planning to publish advice or information?
If you’re publishing information that people might rely on, it’s good practice to have a Website Disclaimer. People might, after all, misinterpret that advice, or you might make a mistake and publish out-of-date information. If that happens, someone might decide to sue you.
A Website Disclaimer protects you and your business from visitors that might sue you for advising them wrongly.
3. Do you sell your goods and services via your website?
If you’re doing e-commerce, you must be in compliance with the Australian Consumer Law. This law is very specific in saying you must have clear Terms and Conditions posted on your website. Your Terms and Conditions should list your shipping information, refund policy, warranty details you offer, etc.
You also must have a statement to the effect that you are in compliance with the Australian Consumer Law. Note that the ACCC has started cracking down on Australian e-commerce sites and issuing penalties to those who are not in compliance, so it’s well worth ensuring you are.
4. Do you allow people to post ads (that you manage) on your site?
5. Can others post content on your site (besides comments)?
6. Do you let 3rd parties market to your site’s subscribers?
If you share or sell your database of customers’ telephone numbers or emails, you need specific permission from them when they sign up. Normally this is done by having them tick a box when they submit contact information, which makes it clear how you may end up using their information and that someone besides you may get in touch. Legally this is known as an Active Release.
Infographic source: legal123