Not All Websites Have the Same Legal Requirements

Many businesses assume that all websites are treated the same from a legal perspective and therefore believe that having a set of standard website terms, a privacy policy and a cookie policy is enough. In reality, the legal requirements that apply to a website depend heavily on what the website actually does and how users interact with it.

For example, a simple website that acts purely as a shop window for your business, providing information about services and contact details, will have relatively straightforward legal requirements. However, if your website allows customers to purchase goods or services online, consumer and ecommerce laws will apply. If users can create accounts, upload content, leave reviews or communicate with other users, the website may start to fall into the category of a platform or forum, which brings additional legal considerations and responsibilities.

Marketplace websites, comparison websites and platforms that connect businesses with customers or other businesses are often subject to additional regulations, including transparency requirements and rules around how users are treated, how listings are ranked and how accounts can be suspended or terminated.

The key issue is that many businesses start with a simple website that evolves over time. New functionality is added, such as online payments, booking systems, customer portals, reviews, forums or downloadable content, but the legal documents are never updated to reflect how the website has changed. Over time, the website terms and policies no longer match what the website actually does, which can create legal risk and reduce the protection those documents are supposed to provide.

This is why a bespoke approach to website terms and policies is important. Legal documents should reflect the specific functionality of the website, how users interact with it and what risks the business needs to manage, rather than relying on generic templates that may not be suitable.

If your website has evolved over time, it may be worth reviewing whether your website terms and policies still reflect how your website operates today.