Could you get sued because of your website? Possibly "Yes!" The internet might seem like a new wild West, but don't let that fool you. The long arm of the law can still reach.
97% of consumers search online nowadays for businesses that offer the services they need, sell the goods they want, or content they like to read. This shows how important websites are. If you don't have a website, you're not only missing out on customers but a chance to build your reputation. However, issues come up when you don't play by the rules or get things right legally. Here are three things you might be overlooking that can get you sued.
Website Disclaimers
If you have a website, regardless of the size of your business, you need a disclaimer! Even if you are just managing a blog and not even making money yet, you still need one because you enter into a legal agreement automatically with anyone that visits your website, and you're responsible for the content you put out.
There are disclaimers everywhere. Anytime someone warns you something is for your own good, that's a disclaimer.
What Is a Disclaimer Exactly?
Basically, it's a simple statement that you're not responsible for something. A statement to protect you and your business against claims of liability, and legal actions. Just by having a website, you are in contract with a lot of people when they read the content you put out or buy your product or service. Having a disclaimer in place means that you are protected from legal issues from information used or misused on your site. But it doesn't protect you if you're misleading your visitors, making false claims, or false advertising.
It is an agreement that should be custom and not copied from elsewhere because you and your business are unique. Disclaimers point out who you are, what you're doing, and what you're not.
Now, having a disclaimer doesn't mean that you're off the hook from all claims. Of course, they don't fix everything. However, it's a strong protection for you.
Privacy Policies
In this new era of hacks and data breaches, a privacy policy is an important legal document. The increasing need for transparency about the security of personal information and data means that it's here to stay. A privacy policy that doesn't accurately reflect the actual privacy protection of a business can create liabilities, especially after a data breach.
What Is a Privacy Policy?
A public notice on your website that accurately discloses what personal information you collect from your customers/visitors, how you collect, store, use, and distribute the information, and how your customers can access the information you collect about them.
The most important part of a privacy policy is that it has to reflect your actual practices. Therefore, if the way you collect, use, or secure their information changes over time, the privacy policy must change too, after you make them aware of course.
Businesses that collect, store, share, or use personal information but don't yet have a privacy policy risk strongly need to create one. Regrettably, there's no universal privacy policy for every business out there. A good privacy policy must accurately reflect the business' collection, use, and security practices and might take getting the input of various business stakeholders.
A poorly created one that is incomplete, inaccurate, or even hard to understand can be a legal risk for such business. If a business suffers a breach or hack (which is a common phenomenon nowadays), the privacy policy is one of the first things that'll be focused on to determine if the business followed its policy.
Although privacy policies are published on the footer section of websites via hyperlinks, they can also disclose practices regarding data collected offline.
Web Accessibility
It makes a lot of sense to have an accessible website. Apart from the fact that you maximize the number of visitors to your site, but also keeps you out of trouble leading to lawsuits and other legal implications. In the U.S., there are no enforceable legal standards for web accessibility, except for government websites (federal, state, and local) that must meet the Section 508 regulations.
However, no straightforward legal standards don’t mean you won't get sued. In fact, this is a topic that has understandably and increasingly raised alarm in recent times.
Why Is Web Accessibility Important?
Web accessibility is the ability of disabled people to not just be able to access your site, but also the systems, products, and features that it offers. Recent statistics show that 61 million Americans live with a disability. That's a lot of people not able to access your website if it's not accessible.
The Legal Side of Accessibility
ADA Title III lawsuits have increased by over 400% since 2013. This suggests that businesses have more responsibility than ever to prioritize web accessibility. The Americans with Disabilities Act (ADA) was put in place to encourage inclusion and prevent discrimination against disabled people in every area of their public life such as transport, school, work, etc.
The Web Content Accessibility Guidelines (WCAG 2.0) also is available to provide standards and guidelines to help businesses make sure that their digital content and platforms are accessible.
Businesses face the risk of litigation if they don't meet the accessibility standards, as anyone can rightly use the accessibility legislation under ADA to claim their needs are not met. This only further shows the need for ADA compliance across all digital platforms.
Bottom Line
Although there are lots of ways your website can get you sued, these are some important and sometimes overlooked ones. Get legal advisers to keep the lawsuits out while you concentrate on running your business in peace.