Data Security

You are legally responsible for the security of any user data you collect. Pay close attention here, especially if you process payments through your website. 

Secure your users’ data by:

• Choosing a secure hosting platform

• Acquiring an SSL certificate

• Using your SSL certificate to use HTTPS in your URL

• Staying up to date on all software/plugin updates

• Using a strong firewall

• Using security programs on any computer with access to the data collected on your website.

If you’re like me, you may be thinking “the fuck does any of that mean.” In which case, I have one hot tip. Use serious professional third party companies that specialize in data collection when necessary. For example, use Stripe and Square to collect payments rather than having someone punch their banking info into a random form embedded on your website. Use professional client relationship management programs if you must get addresses or socials.

Those third party companies can be better relied on to be doing the things bulleted above.

By law, if you experience a data breach, you must be able to identify the data accessed and you must disclose the breach to affected parties. 

Accessibility

Did you know the same law that requires places of public accommodation to have wheelchair ramps also affects the internet? Under the Americans with Disabilities Act (ADA), your website needs to be accessible to people with disabilities. That means it must work with Assistive Technologies such as screen readers, and conform to the Web Content Accessibility Guidelines. 

Here are some important features to include to create an accessible website:

• Alternate text for images (Alt text is a text description of an image or graphic. Alt text is displayed when the image does not load, or when a screen reader detects it.)

• An accessibility plugin

• A statement of commitment to accessibility, with a feedback form

• Contrasting colors for text

• Clear error messaging (If a person makes an error in completing a form, does the website tell them what the error was?)

• Complete navigation via keyboard

• Transcripts/captions for time based content (Time based content includes audio and video)

Copyright

Protect your content and respect the ownership rights of others.

Content which you create is protected by copyright law regardless of whether you register the copyright. Mark your work as copyrighted to prevent theft, and to give yourself a stronger case in court if you ever need to sue. To protect all the content on your website, you need a Copyright Notice. Typically included in a website’s Footer, a valid Copyright Notice includes:

• © OR “Copyright” OR “Copr”

• The year the website was published

• The name of the copyright owner

Your Copyright Notice should look something like: “© 2023 Braden Drake”

Spam Laws

Any marketing conducted via email is governed by laws in the United States, the European Union, the UK, and Canada. Here are the Do’s and Don’ts of email marketing:

The Do’s

• Ask permission before sending any marketing emails

• Keep a record of consent

• Only send email relevant to the business they agreed to receive emails from

• Include an obvious, working “Unsubscribe” link at the bottom of every marketing email.

• Honor opt-out requests promptly

• Identify the message as an advertisement

• Tell the recipient where your business is located

• Monitor any emails send on your behalf by third parties

The Dont’s

• Use false or misleading header information

• Use deceptive subject lines

Program Terms

Program terms of service, I’d argue, can be the same as client contract. Program terms are like a client service agreement but they live on your website or elsewhere on the internet. When people download your products or make purchases on your website, they check that little box that says “I agree to the terms of service.” You need to have terms that essentially serve as the agreement for that offer.

Your Web terms should include:

• Terms of acceptance

• Disclosures

• Disclaimers

• Legalese must-have clauses such as Venue, Force Majeure, Severability, and Waiver

If you have a library of templates, you could link to the same agreement for each. If you sell group programs and memberships, you’d like want a separate agreement for each. We also have templates for each of these in our Contract Club.