The idea for this post came to me when I was exploring a good friend’s website. She had just launched a new business here in San Francisco with a couple other co-founders. I was not her legal counsel. Her site is fantastic: The feel is crisp, the graphics are wonderfully suggestive of the kind of work they do. I got sucked in clicking and exploring. Then I looked for their terms-of-service and privacy-policy links. Those items were conspicuously absent.
Federal Trade Commission Regulations
Similarly, it is worth nothing that these laws may require a “disclosure” policy if you are writing a blog. An example is if you receive compensation or swag from a company to promote that company or their products, but don’t disclose that you received the compensation or swag, you can end up on the wrong side of the law.
The Health Insurance Portability and Accountability Act (HIPPA)
HIPPA requires written privacy policies if health services are electronically provided. If you are in the healthcare industry and you electronically interact with your customers and/or patients, you should make sure you are complying with HIPPA.
The Gramm-Leach-Bliley Act (GLBA)
Depending on the circumstances, GLBA may require that financial service companies have privacy policies.
Why You Should Consider Paying a Lawyer to Draft and/or Update Your Policy:
1) Complexity of Law: Only a lawyer will be able to efficiently review the applicable laws and provide you with a policy that is appropriate and tailored to your website’s needs.
The information above is for general information only and should not be relied upon as legal advice for any particular situation. No attorney-client relationship is formed until the execution of an engagement agreement.