Is your blog legal? You’re probably thinking, “Of course it is! I’m not promoting anything bad.”
That’s what I thought, too. But recently, I spoke with a fellow blogger. As we conversed about the challenges of blogging, she said, “It took me about two months to get all the legal stuff set up.” Then, she scrolled through several links on her site that held tons of information about cookies, privacy policies, and the like.
I thought, “Whoa! Other than my ‘We don’t sell your information’ and ‘This page contains affiliate links’ blurbs, I don’t have any of that.”
Finally, she told me, “Most people never pay any attention to this, but some do. This is all so I won’t have to pay any fines.”
Frankly, I didn’t want any fines, either. But I wondered, who issues said fines? Who sets the rules? How do I even find out what the rules are?
So, I started digging. Along the way, I updated Anatomy of Adventure to be in compliance globally. Below, I’ve shared the fruits of my research so that your blog can be legal, too.
Note: This is not a comprehensive guide, nor am I a legal professional. This article is for informational purposes only and does not constitute legal advice.
Here are a few resources I found to be helpful:
Website Legal Requirements: A Starting Guide to Legal Compliance by Elementor Blog
Cookie Notices
You know those annoying cookie pop-ups you have to agree to on practically every website you visit? Well, that’s a requirement of the General Data Protection Regulation (GDPR) was passed by the European Union (EU). If your website gets any European traffic (most do), it needs a cookie policy and consent notice. Otherwise, you can be fined.
Thankfully, WordPress plugins make compliance easy. Simply click “Add Plugins” from your WordPress dashboard and search “cookies.” There are free plugins that cover global and California needs.
You can use this free tool to check what cookies your site uses.
Privacy Policy
Most countries, as well as services such as Apple and Google, require that websites disclose privacy information to visitors. This policy tells users “how your site collects, handles, and processes users’ data. It must expressly state whether that data is kept confidential or shared with or sold to third parties, how that data is stored, and what measures you take to protect that data.” This is important to compliance with the GDPR and the California Online Privacy Protection Act (CalOPPA).
I recommend using Form Swift to create your privacy policy. You’ll be asked a few questions about your site, and Form Swift will generate an inclusive policy with the right legal language. You can download a PDF of your document for less than $2 USD.
You should link to your privacy policy from the website footer or your About page. I recommend you actually read it in its entirety – it is very informative, especially if you are unfamiliar with this aspect of web building.
Terms & Conditions/Terms of Service
Like the Privacy Policy, you’ve likely seen and accepted Terms & Conditions on many websites. These typically include a liability disclaimer, notice of copyright, which laws will govern any disputes, and the Privacy Policy, discussed above.
Again, I recommend Form Swift – their customizable template includes a lot of protections you would probably never think of, such as:
- Protection from liability if someone uses your website to assist foreign terrorist organizations.
- Protection in case someone has a seizure while using your website.
HTTPS
Have you ever gotten a warning message that a website wasn’t safe to visit? Recently, I tried to log on to Anatomy of Adventure and got that very same message. The reason? A technical error with the security certificate.
“HTTP” or the “Hyper-Text Transfer Protocol” is the system used to send information between your website and the user’s browser. The “S” for “Secure” needs to be in place if you’re taking credit card payments; otherwise, the identity data could be at risk.
Many hosting platforms will take care of this one for you, but try typing “https//:” before your URL to make sure it is working properly.
ADA Compliance
The Americans with Disabilities Act (ADA) requires the websites of companies with 15 or more employees to be accessible to everyone.
The choices that make your site ADA compliant are also good for SEO, so it’s a win-win. For example, you should include alt text for your images, have good, readable contrast between text and backgrounds, and make sure your links aren’t broken.
Industry-Specific Requirements
As a blogger and sole proprietor of my own business, I don’t have an in-depth knowledge of industry-specific legal requirements for other industries – but I know they exist. For example, United States attorneys and financial advisors are bound by strict rules about advertising their services online. Healthcare providers must be careful about how they collect patient information. Contractors need to provide their license ID.
So, in short – do your research.
Plagiarism, Copyright, and Intellectual Property Laws
Okay, this one should be a given. You can’t re-publish information without the owner’s permission, and you can’t just pull any old photos from the internet and use them on your site.
So, was your blog legal or did you have to make some changes? Did we miss anything? Let us know in the comments below.
One part Lois Lane, one part Jimmy Olsen, one part Johnboy Walton, and a bit of that Clark Kent secret identity thing thrown in for good measure.
Cara Siera is a freelance writer and photographer with a passion for travel and exotic cuisine. Join Cara, her husband Marc, and one very spoiled German Shepherd on their next great adventure.