Tag Archives: online

Do Online Legal Forms Deliver on Their Promise to Save You Time and Money? PART I: BUYER BEWARE

fine printIn our digital information age, “online” is the first place many of us go with a tricky question like, “What year did Elvis enter the Army?” (A: 1958) or “Are there alternatives to the ‘Cone of Shame’ for my pooch who just had surgery?” (A: Yes – in fact, there are many good alternatives; my dog liked the ProCollar™ best). How about “What form of business entity should my new company take and which documents should I use to create and manage the entity?” (A: It depends. Only by applying legal knowledge to multiple factors can this be answered.)

EXTRA! EXTRA! READ ALL ABOUT IT:
Unenforceable Online Legal Form Exposes Company to Potential Liability

No business owner wants to see its company name in such a headline. But, that is precisely the type of outcome the small experiment I just conducted could have led to.13619765-young-newsboy-holding-up-a-newspaper

In order to speak intelligently about online legal forms, I obtained one. To protect the not-so-innocent, I’ll withhold the name of the form provider and will not share their proprietary information here.

Here’s my take on the form agreement the site allowed me to generate: Continue reading Do Online Legal Forms Deliver on Their Promise to Save You Time and Money? PART I: BUYER BEWARE

Online Privacy, Do Not Track, and the “Post-Cookie” World: New Guidance from the IAB

115562673_03b7fceea6_nEven as website owners and operators struggle with how to comply with recent changes to the law governing Online Privacy Policies, changes to the underlying technology are in the works, bringing about the so-called “Post-Cookie World” and begging the question of how to adapt your online privacy policy to meet this new technology. I won’t pretend to understand the intricacies of cookie or post-cookie technology; my concern is drafting online privacy policies for my clients that adequately address whatever technology is currently in vogue and understanding just enough of it to do so.

In an effort to understand the underlying technology just enough to be dangerous (and glean some drafting principles that may follow from it), I recently came across guiding principles for developing cookie replacement technology published by the Interactive Advertising Bureau (“IAB”) entitled “Privacy and Tracking in a Post-Cookie World.” In developing its guiding principles, the IAB begins by “Imagining a world where HTTP cookies were never invented” and suggests that, in developing alternatives to the cookie for tracking consumers, it is important to bear in mind what the consumer wants.  In my experience dealing with regulators who have no concept of something being outside their regulatory authority (particularly with consumers complaining to them), the IAB is correct that a proactive approach could keep the regulatory wolves at bay: Continue reading Online Privacy, Do Not Track, and the “Post-Cookie” World: New Guidance from the IAB

Quick! Your Online Privacy Policy May be Out of Date

privacypolicyIf you have a commercial website and have not done so already,  NOW is the time to update your company’s online privacy policy. WHY? Because January 1 was the effective date of amendments to California’s Online Privacy Protection Act (“OPPA”); these amendments require additional information in the online privacy policies of covered websites.

But, but, but, I’m not IN California!

Good for you! But that is not how we determine whether OPPA applies. It does not matter where YOU are located – what matters is whether  you collect personal information about California residents who stumble across your commercial website.

How do I know if the law applies to my website?

If you operate a commercial website and collect “personally identifiable information” (PII) about consumers through your website, OPPA applies to your site unless you ensure that PII is not collected from California residents. Good luck with that.  Continue reading Quick! Your Online Privacy Policy May be Out of Date