Having an online presence is a must for businesses, but it doesn’t come without its risks. Staying compliant across all platforms and channels your business utilizes to conduct business online is critical in protecting your business’s online presence.
At Valley Cooperative Association, we understand how important it is for businesses to stay compliant across their online presence. In the video above, our Organizational Development Manager and Marketing Manager walk through key risks and considerations that can help protect your business and keep your digital presence secure.
Here are 6 areas your business should be aware of and ensure compliance to avoid risk of lawsuits and data breaches:
SSL Certificate
Having an SSL certificate that is current and installed on your web server or hosting control panel helps protect you and your site visitors from security threats. Having an SSL certificate installed enables https which informs browsers that your site is secure. When this is missing, site visitors are alerted that your site is not secure and to proceed with caution and not enter any personal data into forms or place a purchase, as this data will not be encrypted. For additional information on SSL certificates, check out this article from GoDaddy.
Privacy Policy
A website’s privacy policy informs users how their personal data (such as their name, email address, and IP addresses) is collected, used, stored, and shared, building trust and ensuring legal compliance. The main purpose of your site’s privacy policy page is to provide transparency, allow users to make decisions about their data, outline user rights (like access and deletion), and protect businesses from legal risks. For additional information on Privacy Policy pages, check out this article from Rocket Lawyer.
Terms of Use
The purpose of website Terms of Use (or Terms & Conditions/Service) is to create a legally binding agreement setting rules for website visitors, protecting the owner of the website by limiting liability, safeguarding intellectual property (content, trademarks), defining user conduct, and establishing how disputes are handled, thereby ensuring a professional, transparent, and legally compliant online platform. For additional information on Terms of Use pages, check out this article from Rocket Lawyer.
CAN-SPAM Act
Is your business using email? Then this one is critical for you to be aware of and ensure compliance. The CAN-SPAM Act is enforced by the Federal Trade Commission and requires that the emails businesses send accurately state who the email is coming from, inform those you are emailing where your business is located, offer an easy way to unsubscribe from receiving emails, and honor and comply with requests to unsubscribe, among other things. For a full list and explanation of the CAN-SPAM Act, check out this article from the Federal Trade Commission.
Intellectual Property and Copyright Laws
Developing assets for your business is difficult, and it can be tempting to grab content from others or pull photos from a Google image search and repurpose them as your own. However, doing this and not being cautious or looking into whether the assets you are using are intellectual property covered by copyright law leaves your business susceptible to a lawsuit. Check out this article from Trademark Engine for a 101 in copyright law.
Some of the most common types of IP to watch out for on this issue are:
- Photos: When in doubt, use your own photos, but if you need to use stock photography, check out this article from Shutterstock (a major provider of stock images) to ensure compliance.
- Audio: Adding music to social media posts and reels is trending, but much of the music you see used for personal use is not acceptable for commercial use. Keep in mind that audio is not exclusive to just music but would also include things like sound effects and spoken words.
- Video: Similar to photos, it is best to produce your own videos, but if you need to use stock videography, it is important to ensure you have a license and permission to use it for commercial use.
- Fonts: The best fonts to use to make sure your business is not open to a lawsuit are those that are open source. For additional information about font use and risk of lawsuits, check out this article from ACC Docket.
State and International Laws
While your business may not conduct business out of state or with other countries, being online means you can be found and accessed by anyone on the World Wide Web. This means being aware of laws that are unique and specific to other states and countries. California and Europe, for example, are well known for having additional requirements for how businesses ensure data privacy and security. Some examples of this are ADA compliance on your website and consent to third-party tracking. You may have noticed on sites you visit a pop-up banner asking you to accept or decline cookies before you continue to browse a website – this is part of complying with third-party tracking.
Takeaway
Having an online presence for your business in today’s world is a must, but just as your brick-and-mortar location is susceptible to risk, the same is true for your social media channels, email marketing, and other digital marketing tactics.
Rest assured, there are ways to protect your business, ensure compliance, and reduce this risk. Being transparent with your website visitors how you track, capture, store, and use their data and ensuring that the data you collect is secure and encrypted is one we highly recommend you look into and ensure compliance with immediately, though it is equally as important that those who create and distribute content and promotional materials for your business are also adhering to copyright laws and when it comes to sending that content through email that they abide by the CAN-SPAM Act.
Disclaimer: Valley is not authorized to give legal advice. To ensure proper and full compliance, you should review how they apply to your business with your legal team.
