Is Your Business Website A Lawsuit Waiting To Happen?
Fear of the unknown is common. Let’s face it, nobody wants to absorb a painful, random whack to the head or the wallet – especially if you\’re a small business owner or entrepreneur who’s invested everything in their business.
One of the best time-tested ways to conquer fear of the unknown is to get knowledgeable about the bogeyman and how he can be defeated. Website egal issues are no different.
In \”12 Website Legal Issues for Small Businesses and Entrepreneurs,\” I explain a dozen of the vital legal issues that confront web-based business owners. It’s been my experience that few small business owners or entrepreneurs are familiar with these issues, even though each poses a direct threat to their continued economic viability.
What Are The Basics?
For starters, I highly recommend that every business include specific notices on their website and specific provisions in their website contracts that provide substantial protections and also deter lawsuits. These include:
1. A Privacy Policy that notifies website visitors how their personal information will be used and who will have access to this information. Protecting personal information is a hot button issue due to increasing identity theft.
2. A Pre-Suit Mediation provision which requires all disputes to first be sent to mediation where most cases are resolved without the parties incurring the expense and anxiety of litigation. This is one of the easiest provisions to implement and could ultimately save you a fortune in legal fees.
3. A Choice of Law provision that specifies which law governs the website’s contracts. Don’t play on someone else’s home field.
4. A Choice of Forum provision that mandates what court will have jurisdiction over a dispute in the event that Pre-Suit Mediation is unsuccessful.
5. An Attorney’s Fees and Costs provision provides both leverage in the event of a lawsuit and serves as a deterrent to frivolous litigation.
6. A Disclaimer provision affirmatively discloses the parameters of your website and limits liability. I\’m always surprised by how many website owners have never even considered this type of provision.
Failure to include any of these provisions could be an invitation to a lawsuit.
What Other Dangers Are Lurking Out There In Cyberspace?
1. Laws and government regulations also pose a threat to the unwary business owner. Your failure to comply with the CAN-SPAM Act of 2003 (governing commercial email) can lead to serious consequences and substantial monetary penalties.
2. Email and Computer Usage Policy. Email has become an indispensable tool for all businesses, but few companies have a policy in place to govern how employees use their email accounts. Most business owners simply don’t get around to implementing a written policy until a disaster strikes. This problem is easily fixed; don’t let that be you.
How Can I Protect My Small Business?
That’s easy. Your business website doesn’t have to be a lawsuit waiting to happen. Visit http://www.attorney-solicitor.com for your free download of \”12 Website Legal Issues for Small Businesses and Entrepreneurs.\”Fred Reilly is in attorney (CA and FL) and English Solicitor. He\’s admitted to practice before the U.S. Supreme Court, the U.S. Court of Int. Trade, and awarded a Master\’s Degree (LL.M) in Int. Bus. Law from The London School of Economics and Political Science. http://www.attorney-solicitor.com
Fred Reilly is in attorney (CA and FL) and English Solicitor. He\’s admitted to practice before the U.S. Supreme Court, the U.S. Court of Int. Trade, and awarded a Master\’s Degree (LL.M) in Int. Bus. Law from The London School of Economics and Political Science. http://www.attorney-solicitor.com
Author Bio: Fred Reilly is in attorney (CA and FL) and English Solicitor. He\’s admitted to practice before the U.S. Supreme Court, the U.S. Court of Int. Trade, and awarded a Master\’s Degree (LL.M) in Int. Bus. Law from The London School of Economics and Political Science. http://www.attorney-solicitor.com
Category: Legal
Keywords: small business, entrepreneur