My previous post was regarding cybersecurity and some of the dangers lurking behind our widely-used “secure” technologies and authentication systems. A related issue is what you, as a business owner, chief technology officer or other data collector, must do to advise customers and other users of your website of your privacy policies and procedures – in short, how are you going to protect their identities, credit card information and other personal data you collect? This post will address what is legally required of you if you collect any sort of data, as well as the question of whether you need to implement Terms and Conditions. Hint: the answer is yes!
The primary federal agency that regulates and implements rules and regulations related to data privacy is the Federal Trade Commission, but other federal and state laws and acts have provisions that impose requirements on certain persons and businesses. For example, the Americans With Disabilities Act, the Children’s Internet Protection Act of 2001, the Computer Fraud and Abuse Act of 1986, the Computer Security Act of 1997 and the Consumer Credit Reporting Control Act all have laws relating to data privacy. The bottom line is that you must know and comply with federal laws as well as the laws of your state.
You agree not to misuse Acme Company’s services (“Services”) or help anyone else to do so. For example, you must not even try to do any of the following in connection with the Services:
breach or otherwise circumvent any security or authentication measures; or
violate the privacy or infringe the rights of others.
Terms and Conditions can and should be specialized to your unique business activities. In other words, copying one from another website, changing a few words and posting it is not the best means of implementing your Terms and Conditions.
The information contained in this article does not constitute legal advice and neither the author nor Carmel & Naccasha make any representations or warranties as to the accuracy of the information contained herein. Your access or reading of the article and/or your following of any of the suggestions contained herein do not create an attorney-client relationship between you and the author or you and Carmel & Naccasha LLP.