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New website legal stuff

The below covers our understanding of the base requirements for adding terms and conditions, disclaimers and the need (or otherwise) for GDPR pop ups. Please read thoroughly.

As we finalise your website, it’s important that we cover off some legal stuff and things. Please note, this is should not be read as legal advice: we’re simply passing on our knowledge and giving you an understanding of some of the typical requirements. If you require further clarification on any of these items, we strongly advise you consult your legal team or a legal expert.

ADDING TERMS + CONDITIONS AND PRIVACY DISCLAIMER

For all sites, we recommend you include Terms of Use and a Privacy Disclaimer. These typically indicate to users what their responsibilities are as a user but more importantly what your responsibilities are as a website, regarding use of personal data, collection and data, placement of cookies and so forth. These sit as links in the footer of your page and when clicked typically open a new browser window, allowing users to easily understand how you collect, use and store data as well as protecting your intellectual property online.

If you have existing Terms of Use and/or a Privacy Disclaimer, please send to us ASAP so we can insert into your website.

If you don’t have these, we can provide a base copy but recommend you run this past your legal team to ensure it complies with the nuances of your own business.

If we do not receive Terms and Conditions and/or Privacy Disclaimers from you for your website, we will assume you have considered the information we’ve provided and made a decision of your own accord, of which you will be liable, not The Marketing Lab.

ADVERTISING OR PROMOTING TO PEOPLE FROM THE EU?

If this is you, read on because that means you’ll also need to consider the requirements of 2018’s GDPR.

Typically if you are advertising a website or product online to people living in or from the EU – even if those citizen as travelling abroad – you should ensure you acknowledge the existence of cookies on a pop up, displayed the first time a user enters the site.

Our understanding of GDPR is that we must ensure we declare the types of cookies being used on a website and the types of data we are collecting and ensure the user has the opportunity to acknowledge/ accept that cookies do exist and that they understand the purpose for that collection.

While standard platforms like MailChimp and WordPress have done their due diligence in this space and add a layer of protection, we believe in better safe than sorry. No one wants to be the example the EU set.

There are a bunch of rules around GDPR but in essence if your website is collecting cookies – whether by session or persistent – it’s important to declare this and get the user to agree that they understand by using your site that they’re comfortable with how your site will use or collect cookies.

There are several easy ways to implement a GDPR pop up to ensure you are covered. We can help with this element. However, you should consult your legal team to confirm the requirement for GDPR pop ups and to ensure any wording use in the pop up or accompanying documentation covers the service you provide and/or products you sell.

If you have any questions in this space or need examples of how GDPR pop ups can work, please do let us know or consult your legal team directly.

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