Website Legal Audit: How to Perform Legal Audit of Your Website | Role of Internet Lawyer (Law Firm)

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Full Details: http://techcorplegal.com/Blog_Technology_Law_Business_Research/2013/05/11/website-legal-audit-how-to-perform-legal-audit-of-your-website-role-of-internet-lawyer-law-firm/

Website Legal Audit

Introduction

With the ever changing advent of Internet law, it is very crucial to ensure the legal compliance of a website and get it audited from an internet lawyer. Various components of a website, including, Terms and Conditions, Privacy Policy and Legal Disclaimer, should be in compliance with the recent legal regulations. Regular legal audit of the website ensures that potential litigation is avoided and your intellectual property is duly protected.



How to define web site legal audit?

A legal review of a website by an internet lawyer to analyze potential legal issues associated with the website may be defined as Website Legal Audit. As a general practice, the website legal audit begins by analyzing and distinguishing the content hosted on the website and services provided by the website.



Website Disclosure

Websites generally have a uniform conduct for the visitors many a times called “Terms of Use”, “Legal Terms” or “Terms of Services”, these are the sections used for defining the explanation and relationship between the owner of the website and visitor. A website owner is solely authoritative for having the appropriate terms to use the website.

Intellectual Property Issues: Copyrights

The most common infringement of intellectual property rights on internet is by “Copying and Pasting”. If the data is not copyrighted it is a public realm, these are the assumptions violating the website operator. So the owners should be sure enough that all their data and information should be properly licensed from the respective owners. A copyright is not competent to claim the image, specified licenses are also required.

The three basic methods to obtain content for the site are:

(a) The content can be created by the owners.

(b) They can use already published content with the permission of the author

(c) They can use the content without permission as well but that obviously be termed as ‘copying’.

Advertising and Promotions

In most of the countries, the advertising is regulated by various Federal / Central and State / Local laws. Almost all organizations let the advertisement to be circulated on their websites. The owner of the website should review all the guidelines for the advertisement to be announced. Any false advertisement can lead to legal liability. The guidelines should be in a written form which consists of all legal requirements as required by various national and international laws.

Advantages of Legal Audit of Website

A through legal audit of a website includes, assessment of the full extent of website’s legal liability, legal analysis to ensure that the website is in compliance with various legal regulations as specified by major jurisdictions, such as, US, UK an

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Website Legal Audit: How to Perform Legal Audit of Your Website | Role of Internet Lawyer (Law Firm)

  1. 1. Page No. 1info@techcorplegal.comhttp://research.techcorplegal.comLEGAL AUDIT OF YOUR WEBSITE
  2. 2. Page No. 2info@techcorplegal.comhttp://research.techcorplegal.comAuthorsRahul Dev is a Patent Attorney, Technology &Business blogger, and partner o fTech Corp Legal LLP, an International Law Firm.Read more..Prity Khastgir is a Patent Attorney, specializingin Biotech, Food Technology & Pharmaceuticals,and partner of Tech Corp Legal LLP, anInternational Law Firm. Read more..
  3. 3. Page No. 3info@techcorplegal.comhttp://research.techcorplegal.comTable of ContentsIntroduction to Website Legal Audit ...................................... 4Definition of Website Legal Audit .......................................... 7Website Disclosure ............................................................... 8IPR & Copyrights .................................................................10Advertising & Promotions ....................................................13Advantages ..........................................................................15Checklist: Dos & Donts .......................................................17Contact Us ...........................................................................20
  4. 4. Page No. 4info@techcorplegal.comhttp://research.techcorplegal.comIntroduction● Constantly Changing Internet Law● Website should comply with Legal Regulations● Important Components: Terms and Conditions, PrivacyPolicy, Legal Disclaimer● Regular Legal Audit:(a) Prevents Potential Litigation(b) Protects your Intellectual Property(IP)
  5. 5. Page No. 5info@techcorplegal.comhttp://research.techcorplegal.comIntroduction“Ever changing Internet law”With the ever changing advent of Internet law, it is very crucialto ensure the legal compliance of a website and get it audited froman internet lawyer. Various components of a website, including,Terms and Conditions, Privacy Policy and Legal Disclaimer,should be in compliance with the recent legal regulations. Regularlegal audit of the website ensures that potential litigation isavoided and your intellectual property is duly protected.
  6. 6. Page No. 6info@techcorplegal.comhttp://research.techcorplegal.comDefinition● Legal Review of the Website● Analysis of Potential Legal Issues● Performed by Internet Lawyer● Analysis of Content of Website● Analysis of Services offered by Website
  7. 7. Page No. 7info@techcorplegal.comhttp://research.techcorplegal.comDefinition“Website Related Legal Issues”A legal review of a website by an internet lawyer to analyze potentiallegal issues associated with the website may be defined as WebsiteLegal Audit. As a general practice, the website legal audit begins byanalyzing and distinguishing the content hosted on the website andservices provided by the website.
  8. 8. Page No. 8info@techcorplegal.comhttp://research.techcorplegal.comWebsite Disclosure● Terms of Use● Legal Terms● Terms of Services● Define relationship between owner and visitor● Owners authority to Disclose Appropriate Terms
  9. 9. Page No. 9info@techcorplegal.comhttp://research.techcorplegal.comWebsite Disclosure“Website Owner Is Solely Authoritative”Websites generally have a uniform conduct for the visitors many atimes called “Terms of Use”, “Legal Terms” or “Terms of Services”,these are the sections used for defining the explanation andrelationship between the owner of the website and visitor. Awebsite owner is solely authoritative for having the appropriateterms to use the website.
  10. 10. Page No. 10info@techcorplegal.comhttp://research.techcorplegal.comIntellectual Property IssuesCopyrights● Common Infringement of Intellectual Property Rights: “Copyingand Pasting”● Data and Information should be properly licensed● General Methods to obtain content:(a) Creating Original Content(b) Using already published content with Permission(c) Using the content without permission (copying)
  11. 11. Page No. 11info@techcorplegal.comhttp://research.techcorplegal.comIntellectual Property IssuesCopyrights“Data and Information should beProperly Licensed”The most common infringement of intellectual property rights on internet isby “Copying and Pasting”. If the data is not copyrighted it is a public realm,these are the assumptions violating the website operator. So the ownersshould be sure enough that all their data and information should be properlylicensed form the respective owners. A copyright is not competent to claimthe image, specified licenses are also required.
  12. 12. Page No. 12info@techcorplegal.comhttp://research.techcorplegal.comIntellectual Property IssuesCopyrights“Content Used Without Permission: Copying”The three basic methods to obtain content for the site are:(a) The content can be created by the owners.(b) They can use already published content with the permission ofthe author(c) They can use the content without permission as well but thatobviously be termed as ‘copying’.
  13. 13. Page No. 13info@techcorplegal.comhttp://research.techcorplegal.comAdvertising & Promotions● Advertising regulated by various laws● Owner should review advertisements● False advertisement can lead to legal liability● Guidelines should be written and include alllegal requirements
  14. 14. Page No. 14info@techcorplegal.comhttp://research.techcorplegal.comAdvertising & Promotions“False Advertisements = Legal Liability”In most of the countries, the advertising is regulated by variousFederal / Central and State / Local laws. The owner of the websiteshould review all the guidelines for the advertisement to beannounced. Any false advertisement can lead to legal liability. Theguidelines should be in a written form which consists of all legalrequirements as required by various national and international laws.
  15. 15. Page No. 15info@techcorplegal.comhttp://research.techcorplegal.comAdvantages● Assessment of Websites Legal Liability● Compliance with Laws● Preventing breach of Laws● Preventing Third Party Infringement
  16. 16. Page No. 16info@techcorplegal.comhttp://research.techcorplegal.comAdvantages“Full Legal Compliance”A through legal audit of a website includes, assessment of the full extentof website’s legal liability, legal analysis to ensure that the website is incompliance with various legal regulations as specified by majorjurisdictions, (US, UK & EU) and international Internet laws, anddetermining the necessary terms, disclaimers, policies, procedures andmeasures to prevent expensive litigation. Thus, website legal auditprovides multiple advantages: detecting whether the website isbreaching any laws and detecting whether the website is infringing anythird party rights.
  17. 17. Page No. 17info@techcorplegal.comhttp://research.techcorplegal.comChecklist(a) Incorporation of “I Accept” Button: One of the best ways tomake the terms accessible to users is by incorporating a click-through “I Accept” or “I Agree” button, which must be completedbefore the visitor can access the website.(b) Define the Scope: It is always beneficial to assert the websiteowner’s rights (including IP rights) and define what all users cando and cannot do.
  18. 18. Page No. 18info@techcorplegal.comhttp://research.techcorplegal.comChecklist(c) Jurisdiction and Applicable Laws: With a view to avoid anyconfusion, always specify the jurisdiction(s) that will be applicablealong with relevant laws.(d) Collection of Information: Always explicitly state what allinformation will be collected, how it will be collected and for whatpurposes it will be collected.
  19. 19. Page No. 19info@techcorplegal.comhttp://research.techcorplegal.comChecklist(e) Legal Disclaimer: Always include a legal disclaimer todissolve the liability for the content and performance of thewebsite.(f) Viruses: The terms should clearly prevent the introduction ofviruses and should dissolve any liability on the part of the websiteowner if anything from the website infects the visitor’s computer.
  20. 20. Page No. 20info@techcorplegal.comhttp://research.techcorplegal.comChecklist(g) Cookies: Always ensure that Cookies, which are used toidentify a user’s preferences, cannot be stored on a user’scomputer without informing the user and without obtaining theconsent of the user.(h) Storing Personal Information: It should be clearly stated tothe user (in case his personal information will be stored) thatwhere the personal information will be stored, i.e. either locally, orover cloud in another jurisdiction.
  21. 21. Page No. 21info@techcorplegal.comhttp://research.techcorplegal.comThank youGet in touch: info(at)techcorplegal(dot)com

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