The Legal Blog

Hi, I'm RANDI.

I'm a BUSINESS ATTORNEY

I help my clients secure their business success by providing easy to understand legal guidance in a supportive environment, so they can focus on achieving their full potential.  

About RANDI

SEARCH BY Category

agreements

business formation

business operations

coronavirus

intellectual property

MINDSET

social media

Coronavirus and Small Business Law: Top Five Legal Tips When Pivoting to an Online Business

online tips

share this article:

COVID 19

THE CORONAVIRUS AND SMALL BUSINESS LAW SERIES

This blog post series provides key legal tips to help you secure your business success during the Coronavirus pandemic.  With this knowledge, you can return to what you do best – your service or product.

Today’s topic: Pivoting from Brick & Mortar to an Online Business during the Coronavirus Pandemic

I’ve been privileged to work with some fantastic businesses! With their brick and mortar businesses shuttered, these entrepreneurs quickly pivoted online.

Even in a race to re-open online, securing your success legally remains critical. In this blog post, I share my top five legal tips.

“Opportunities don’t happen. You create them.”

— Chris Grosser

 

Topic #5: Top Five Legal Tips When Pivoting to an Online Business

online tips

woman on laptopTip #1 Online User Interactions Terms

Like many businesses, you may have moved online with your clients. You breathe a sigh of relief that the technology works. Kudos to you.

In this new online-based economy, protect yourself and your business with terms and conditions and agreements.

Terms and Conditions should clearly define your company’s rules for others posting content. The terms should also include a disclaimer stating how users can use the information on your website.  You should also clearly state what liability (if any) your business accepts.

Don’t forget about accessibility regulations as well. Your website must provide equal access to all web users, including those with a disability.

privateTip #2 Online Privacy Policy

Be extremely cautious of protecting user information that your website, video service, or other online technology collects. Clearly provide a written privacy policy that details what personal information your business collects, and how you use that information.

Be sure any personal information you collect and use complies with privacy laws around the world.

Include a cookie disclosure stating how your business uses cookies on your website.

Also, any communications generated from your website (such as email subscriptions) should include an “opt-in” to comply with anti-spam laws.

 

lockTip #3 Online Data Protection

With data breaches being so prevalent these days, take precautions to prevent being hacked and include information for those accessing your website of what your security policy includes.

If you are selling online, you need to pay special attention to e-commerce security and regulations and consumer protection laws.

Routine backups of your documents and content are essential for your practice and clients’ privacy. 

In general, be aware of both your government compliance legal obligations and your contractual legal obligations; and ensure that you adhere to all.

Intellectual property

Tip #4 Protect your Online Content

As an online business, your content is key to your livelihood. Your content is the expression of your talent, expertise, and value.

The widespread availability of your content may provide a vast marketplace for attracting business, but it also provides a vast number of opportunities for others to steal your content, use your content without your permission, and even take credit for it.

Now more than ever, it is critical to claim and secure your content ownership.

First and foremost is the inclusion of notices on all content you create. You can include a copyright notice on your website, publications, and videos. You can include a trademark notice with your name, logo, and tagline.

A copyright or trademark notice is like a “no trespassing sign” at the entrance to property. It doesn’t actually prevent violations of the law, but it puts everyone on notice that your property is private, protected, and patrolled.

For your key content, consider registering the copyrights and trademarks as well. Registration provides additional protection to the owner, such as the right to sue for infringement.

laptop

Tip #5 Careful of Online 3rd Party Content

Let’s now turn to protecting your use of other’s content within your online business. Inadvertent use without permission of someone else’s protected content can put your business at risk.

Lack of knowledge or lack of intent do not shield you from liability. The ease of merely copying content from one site to another may leave you exposed to liability under copyright law, trademark law, or even violation of online terms.

Be cautious of using content you did not 100% create. Try to use your own creations or licensed material.

When not readily clear, try to obtain permission to publish from the content owner.

Awareness and best practices in using other people’s content can be a valuable mechanism to minimize your legal risk. Start today: evaluate your current practices and take that first step to securing your success.

As you focus on creating and growing your online business, it’s easy to lose sight of the everyday legal considerations.

Avoiding unnecessary risk will directly impact your future success.

online

Check out the entire Coronavirus and Small Business Law Series here.

Do you need help with securing the success of your online business?  If you’re a Florida business or resident, I can help. Contact me here.

About Sagacity Legal:
Sagacity Legal is a Florida-based firm that works with service-based small business owners, who want to minimize their legal risk so they can focus on achieving their full potential.

This article and all content herein is solely intended for general information purposes and should not be construed as legal advice in any manner. This information is not intended to create, and receipt or viewing, or communication via email or other means does not establish an attorney-client relationship. An attorney-client relationship is only formed when a written engagement agreement is executed. We disclaim all liability in respect to actions taken or not taken based on any or all the contents of this website to the fullest extent permitted by law. Do not act or refrain from acting upon this information without seeking professional legal counsel.

Leave a Reply

Your email address will not be published. Required fields are marked *

leave a comment on this post.

  1. I agree that it would be important to make sure that you have a good privacy policy for your website. I feel like making sure that people can find the information regarding their privacy would be important, so that sounds like a good idea. If I decide to start an online business, I’ll have to consider getting a lawyer to help me create a good privacy policy.

  2. It’s good to know that Terms and Conditions should include how users can use the information. My brother is wanting to update his website for his cookie delivery business and needs help with the Terms and Conditions page. I’ll have to share this with him as he looks for a business lawyer to help with this contract.

  3. cami says:

    I have read your blog its awesome.

previous comments

      * Testimonials found on this website are actual client reviews of Sagacity Legal PLLC. Prospective clients may not obtain the same or similar results.
    ** The information contained in this website is intended for general informational purposes only, and should not be construed as legal advice on any matter.
  *** For important disclaimer information please visit http://www.sagacitylegal.com/disclaimer.
**** This firm is registered to practice in the State of Florida and before the USPTO.