In 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.
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
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
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?