Virtual Business - Ready or Not!
Legal housekeeping you need to get your business from brick & mortar to virtual.
Pandemics Don’t Wait for Businesses to Catch Up
We’ve been in this for over two months now. Our homes have become workplaces, schools, restaurants (and bars), and daycares. Everything is now virtual - whether we were ready for it or not.
As businesses transform either entirely or partially from what they were to virtual, it’s important to talk about a few key legal protections that every business should have.
Online Presence
First, let’s think about all the increased reliance on a business’s online presence. Are you driving more people to your website, Facebook, Instagram, app, or all of the above? Have you thought about how those users interact with your content? Do they make purchases directly off your site? All of these concerns can be addressed and protected by two key documents - a Privacy Policy and Website Terms of Service.
Privacy Policy
A Privacy Policy is a document that explains how a business collects user’s data, how it is utilized, and how it is managed. You’ll often see links to a business’ Privacy Policy at the bottom of a business’ website. If you collect any information from your users - even what seems like a simple email address - you should have a Privacy Policy. There are a few federal laws that are applicable to businesses given their industry, who they market to, and what information they collect. Examples are The Children’s Online Privacy Protection Act (COPPA), The Gramm-Leach-Bliley Act, and Health Insurance Portability and Accountability Act (HIPAA) to name a few.
Terms of Service
Website Terms of Service is a document that governs visitors' use of your website, social media pages, applications, and more. Terms of Service can also be called Terms of Use, Terms and Conditions - but they all mean the same - governing user activity of online products, message boards, content, and everything and anything on your business’ online footprint! Terms of Service will reserve the rights to intellectual property and other content as well as provide any necessary legal disclaimers. As consumers are funneled online even more these days, it is so important for your business to have these protections in place.
Marketing
Next, let’s think about your marketing materials. Are you sending newsletters, emails, and other electronic advertising to your email list? What happens if someone asks you to take them off your list? Do you follow through?
There are a number of regulations that protect consumers from email communications such as the above depending on geographic location (entire blog post coming soon!), but the federal regulation that applies to the United States is the CAN-SPAM Act, or The Controlling the Assault of Non-Solicited Pornography And Marketing Act of 2003. The CAN-SPAM Act applies to all commercial messages, including email. Did you know that as part of the Act, you are required to honor opt-out requests and remove the email at issue within 10 days?! While you are likely increasing your online communications it is wise to review your marketing materials and create a policy to adhere to these regulations.
Remote Employees
Lastly, think about all your employees who are now working from home. Have their jobs descriptions changed? Hours reduced? Whose equipment are they using? What if your employee slips and falls at home during their work hours? A Remote Work Policy addressing these issues is a way to help account for these issues in this confusing time! It not only provides clarity to you as an employer, but also provides clear and concise timeframes, responsibilities, and logistics to your employees. It will help keep everyone informed as we all adjust to our new normal.
In Conclusion
As we shift our work lives and personal lives online it is ever important to address some of these legal housekeeping items to protect not only your business, but your employees and clients as well!