We make sure our clients know, understand and adhere to the legal requirements for websites to avoid lawsuits and fines.
ADA, Section 508 & accessibility
In 2010, the Americans with Disabilities Act Standards for Accessible Design was published by the Department of Justice (DOJ). The ADA prohibits discrimination against individuals with disabilities in all areas of public life, including jobs, schools, transportation, and all public and private places that are open to the general public. According to ADA standards, commercial and public entities with "places of public accommodation" includes the internet. That means all electronic and information technology must be accessible to people with disabilities. Who needs to follow ADA requirements:
- Americans with disabilities, their friends, family, and caregivers
- Private employers with 15 or more employees
- Businesses operating for public benefit
- State and local government agencies
The CAN-SPAM Act of 2003
The CAN-SPAM Act of 2003 (Controlling the Assault of Non-Solicited Pornography and Marketing), regulates the corporate use of email marketing. Regulated by the FTC it contains content and procedural requirements and establishes a timetable for a "do not email" registry to be created, so that business and individuals can "opt out" of receiving corporate marketing emails. CAN-SPAM also established fines of $250 per email sent in violation of the Act's requirements, up to $2 million, and provisions for special damages for willful or knowing violations of the Act. Violators may be subject to criminal penalties of up to 5 years in prison for fraud and related activity using email marketing communications.
Privacy & data protection
Online sales, marketing & spam
- E-commerce termes and conditions
- Refunds policy
- A Shipping and Delivery Policy
Copyright and plagiarism - content created by others
It is no secret that "user-generated content" is king, it's what drives the social media sites like Facebook, Twitter and Instagram and has allowed them to create new levels of engagement that adds credibility, and authority to almost any business. From images, YouTube (Vimeo etc.) videos, play lists from Spotify through to ticket listings this content (and more) is often created by other people yet is frequently used by nightclubs, nightlife organizers & event venues. Just "using this" content raises a number of important questions.
- Who actually owns the original content and do you have premission to use it?
- Are any Royalties due to the original owner?
- Who owns the content once it's published on your site?
- What if the content isn't original, or what if it's defamatory?