WEBSITE COMPLIANCE

OUR PROMISE

Providing the very best in legal services tailored to meet your needs

Our general partners each take an active role in advising clients in matters concerning patent, trademark, copyright, trade secrets, transfer or conveyance thereof, and website compliance by working closely with management and staff of technology transfer offices and research departments, on-site and off-site.

It is our practice at MBH that, once an attorney has taken responsibility for a client matter, she will remain available and follow through with the direct handling of the matter along with the Macheledt Bales & Heidmiller staff, professional advisors and draftspeople.

“Website Compliance” refers to the numerous laws governing operation of a website. The most hotly debated issues right now are privacy policies and liability related to content, which could include violation of laws governing, defamation, libel, slander, intellectual property, advertising, promotions, message board/forum postings, etc.

We offer a full suite of website compliance services, including:

 

  • Drafting privacy policies. Every website that collects personally identifiable information (defined to include a person’s email address, name, address, phone number, etc.) for any reason (not just related to transactions) must post and adhere to a privacy policy setting forth how the site collects, uses, stores, and shares personally identifiable information. Because of the patchwork of overlapping and incongruent international, federal, and state laws governing online privacy and the operation of a particular website, a privacy policy should be drafted only be an attorney practicing in this area of law.
  • Drafting terms and conditions of use. Every website should post this document—regardless of whether it collects personally identifiable information. This documents disclaims and limits liability related to use of the site (to the extent possible under the law), sets forth rights in intellectual property, sets forth procedures required under the Digital Millennium Copyright Act, addresses linking, etc.
  • Drafting disclaimers and rules governing use of message boards/forums. This has become a hotbed for litigation. It is extremely important to have the proper language and rules in place governing use of message boards/forums.
  • Evaluating adherence to the various laws governing content posted both by the website owner or host and by users of the site (e.g., protection and infringement of intellectual property, defamation, libel, slander, advertising and promotion laws).
  • Website Legal Audits – Don’t let your content byte you.™ This is a service we developed to mitigate needless potential liability associated with the operation of a website. After an in-depth interview with the IT personnel, website host, and management personnel, we perform an exhaustive review of the content of a website, the internal and external mechanisms of the site, and the privacy policy and terms and conditions of use. We then prepare a detailed written report of our findings, identifying compliance issues and setting forth recommended solutions.