Experienced Website & Data Privacy Compliance Lawyer Protecting Your Business Online
Our firm assists website operators and app developers with general regulatory, visitor and data privacy compliance. Appropriately drafted and placed legal terms, disclosures, disclaimers and information privacy policies are critical to avoiding liability online, including Federal Trade Commission (FTC) liability. With recent changes in FTC guidelines and the adoption of recent state laws, website operators must not only worry about liability from website visitors and/or customers, but with regulatory agencies as well. We also understand the marketing and business practices that pose significant liability concerns for businesses operating online. Our years of experience in this niche gives our business clients the ability to grow online, not stumble out of the gates.
Data Privacy Compliance
Collecting Information From Children Under 13
Does your website collect personal information from children under the age of 13? The Children’s Online Privacy Protection Act (“COPPA”) applies to operators of commercial websites and online services directed to children under 13 that collect, use or disclose personal information from such children. COPPA also applies to the operators of general audience websites and online services where the operators have actual knowledge that they are collecting, using or disclosing personal information from children under 13. Under COPPA, website operators must:
- Provide direct notice to parents and obtain verifiable parental consent, with limited exceptions, before collecting personal information from children;
- Provide parents access to their child’s personal information to review and/or have the information deleted;
- Give parents the opportunity to prevent further use or online collection of a child’s personal information;
- Maintain the confidentiality, security, and integrity of information they collect from children.
Learn more about COPPA Compliance.
Avoiding Copyright Infringement
Website operators should understand what website elements are protected third-party content. Simply understanding the law can eliminate mistakes. For example, separate website elements such as the template design, coding, images, etc. may be owned by the respective creators. The basic rule is that ownership of a creative work resides with the creator of the work under United States copyright laws.
Did you hire a web designer to design your website using images/graphics the designer provided? Are you sure the designer either created or has the rights to those images and other works? You should know or you could be on the end of a future cease and desist letter from an attorney asking for an immediate take down of the images and a demand for payment of any damages. Copyright law permits copyright holders to collect “actual” damages such as lost profits due to an infringement. But he law also permits a registered copyright holder to obtain “statutory” damages, which range from $750 to $30,000 per infringing act, or up to $150,000 if the infringing act was willful!
Enforceable Website Legal Agreements & Disclaimers
We help businesses ensure their website contracts are enforceable. The way in which notice of website agreements is provided is critical to enforceability. A website lawyer who has knowledge of the relevant case law and understands the best methods of providing notice and obtaining acceptance of electronic agreements can help ensure favorable outcomes. Phil Nicolosi advises his Internet business clients on how to use electronic agreements, helping prevent costly future disputes and frivolous litigation.
Flat-Fee Custom Website Legal Document Packages