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Disclaimer: The information provided is for educational purposes only and does not constitute professional advice.
We’re finally here at my least favorite section .. the most stressful one (definitely it was, for me!). I know it can be overwhelming when you're new to blogging and have to deal with legal compliance. Let's go over it one at a time.
- Legal things you'll need for your blog:
🌸 1.) Cookie Consent & Policy with Cookie Box/Banner
Cookies are just small files that websites store on your device in order to remember your info. For example, session cookies help keep you logged into a site during use. Some cookies are needed so a website can work, but there are others that are not needed.
🔸 The 2 types of cookies:
- Essential cookies: necessary for a website to function (user consent = not required)
- Non-essential cookies: cookies for analytics, ads, etc. (user consent = required)
🌷 If your site has non-essential cookies then cookie consent is legally required and you’ll need a cookie consent banner to let your visitors either accept or decline them.
🔸 Let's quickly go over two of the strictest privacy laws ...
- GDPR (General Data Protection Regulation) and
- CCPA (California Consumer Privacy Act)
--> GDPR: If your site collects personal data from visitors in the European Union (EU), then you're required to comply with GDPR (even IP address counts as personal data)
--> CCPA: If your site has California visitors and collects personal data, you may need to comply with CCPA *depending* on if you meet any of the 3 requirements (The CCPA has 3 requirements that, if any one is met, you're required to comply. You can learn more about CCPA requirements here.) If your site run ads, you'll need to give your visitors an option to opt out of having their data sold or shared by the ad network.
🌷 The type of site you have will determine which laws you need to cover; you don't have to include every single law in the world because it might not apply to you, but just so you know - even though GDPR and CCPA are two of the strictest laws, there are laws from other regions, such as:
- LGPD (Brazil) - similar to and inspired by GDPR
- PIPEDA (Canada)
- APA (Australia)
- POPIA (South Africa)
- PDPA (Singapore, Thailand and Malaysia)
- PIPL (China)
- PIPA (South Korea)
- APPI (Japan)
- etc.
🌻 Tip: If it feels overwhelming one thing you can do is have a CLEAR privacy policy that tells your readers how your site handles their data, also - in your policy you can include sections for each region that you expect to get traffic from. We'll discuss helpful options and tools, later :) Since anyone from any country can access a site since it's on the internet, it's good to be as transparent as you can.
🔸 Depending on what's on your site, I recommend a cookie banner that meets these standards:
** 1.) GDPR compliance (European): Under GDPR you need to get consent before non-essential cookies are launched
** 2.) CCPA compliance (California): “Do Not Sell or Share My Personal Information” - you need to provide this option if your site sells or shares data from CA residents
** 3.) Allows users to edit cookie preferences
** 4.) Keeps logs for proof of consent
🌸 2.) Disclaimers
The next thing you'll need is a disclaimers page. Disclaimers are important to have and helps protect you. It's good to have a full disclaimer page and then also short disclaimers where needed. We’ll talk about 2 specific types of disclaimers:
- Affiliate disclosures for affiliate programs are legally required by the Federal Trade Commission (FTC). It's good to include this in your disclaimers page and I also recommend that you disclose it at the beginning of your blog articles and on any Pinterest pins, social media posts, etc. so that your audience will be aware. You can use a disclosure like: “This post contains affiliate links. If you click on a link and make a purchase, I may earn a small commission at no extra cost to you. I only recommend products I believe in. Thank you.”
- If you’re giving recommendations, I would use an ‘advice disclaimer’ similar to what I have at the top of the article. It basically lets your readers know that you're not giving professional advice, and that it's your own opinion.
This free tutorial explains Disclaimers and you can download a free Disclaimer template from Iubenda and edit it for your website here: https://www.iubenda.com/en/help/171982-disclaimer-template
🌸 3.) Privacy Policy
If your site collects any personal data at all, you will *NEED* a privacy policy.
The things that collect data include: Google Analytics for AdSense, contact forms, email newsletters sign-ups, non-essential cookies, etc.
🌸 4.) Terms & Conditions
Terms and Conditions sets rules for how your site is to be used, so if for example your site is only informational where users don't input data, it's fine to omit. It's recommended for E-commerce sites and service providers to include this.
🌷Some Tools:
- CookieYes is an easy-to-use cookie management tool that covers GDPR, CCPA, and more. It has a good free plan, scans cookies, is a Google-certified CMP, and is good for beginners. It also has a Privacy Policy generator. **Cons: can get expensive with high traffic due to more page views
- Complianz is a free Wordpress plug-in which also has a paid version. It handles cookie consent, policy, and management for GDPR, CCPA, LGPD, and more. **Cons: some reviews report slow support - also, this is a good resolved issue to be aware of: https://wordpress.org/support/topic/cookie-banner-not-showing-on-translated-pages/
- Termaggedon has auto-updating legal documents at an affordable price, covers many laws like GDPR, CCPA, PIPEDA, etc., best for US-based businesses and small blogs, and was created by a privacy attorney. It also has a cookie consent solution. **Cons: since it's US-based, may not cover as many international laws as others
- Iubenda and is a premium tool that is a full compliance suite and is very comprehensive. It includes a cookie solution and legal documents generator. **Cons: its pricing can get steep since you's have to pay separately to keep consent logs on record
🌻 Tips: Privacy Policies: while there are free ones - in my opinion - a policy that auto-updates so you don't have to monitor and update laws yourself will save a lot of hassle. Many people who are serious about compliance also hire privacy lawyers to look over and audit their sites.
(Also - If you have an e-commerce store, a Refund/Return Policy is good to have.)
🌸 5.) ADA Compliance
Lastly, just something to be aware of ... ADA (Americans with Disabilities Act) compliance helps make your site easy for people with disabilities to access. I believe that it is strictest for e-commerce stores and organizations, but even for bloggers I'd be mindful just to stay safe. In some cases, such as for public sector organizations, an Accessibility Statement is required.
🔸 Here are some examples on how to make your site compliant:
- Good color contrast (ex: no white background with light-colored text)
- Easy-to-read text
- Alt text for images
- Captions for videos
- Making your site accessible for those with screen readers and keyboard-only users
- etc.
You can read this article to learn more: US Dept. of Justice Civil Rights Division: Guidance on Web Accessibility and the ADA
Disclaimer: "The information above is based on my own personal research. It is general info only and does not constitute legal advice. I am not responsible for any actions you take (or don't take) based on this article. Please do your own due diligence and consult with a lawyer to make sure your blog is fully compliant with laws that may apply to you. I am not a privacy lawyer- please do your own research and consult a lawyer regarding the complexities of the laws mentioned."
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