If you run a content business, it’s easy to treat your privacy policy like something you write once and never look at again. But the reality is: the tools creators use have changed fast, and it’s important that your privacy policy keep up. Today, a “simple” blog often includes:

• email forms and lead magnets
• analytics and ad tracking
• embedded video and social widgets
• checkout pages for digital products
• AI-powered tools for drafting, support, moderation, or automation

And as those tools evolve, privacy expectations evolve with them. This post is a practical guide for creators (including bloggers) who want to understand what to review now, especially if you use AI tools anywhere in your workflow.

Why privacy updates matter more now than a normal policy refresh

Privacy isn’t just a legal checkbox. It’s part of running a credible online business. Even if you’re not “a tech company,” you may be collecting and sharing more information than you think, because your tools do it for you. A good privacy policy refresh can help you:

• align your policy with what you actually do
• reduce customer confusion and complaints
• avoid mismatches between your promises and your practices
• make smarter choices about tools and plugins

Think of this like bookkeeping: not the most exciting part, but part of staying in business.

What counts as “personal data” in a modern creator business

Different laws define personal information differently, but as a practical matter, assume that if something can identify, relate to, or be linked to a person, it may count (it’s often referred to as PII). Some examples include:

• Email addresses (newsletter signup, freebies)
• IP addresses and device identifiers
• Analytics data (pages visited, session behavior)
• Ad tracking data (pixels, cookies, conversion events)
• Purchase information (digital product orders, refunds)
• Form submissions (contact forms, surveys, quizzes)
• Comments and community posts

If you’re using an AI tool, add one more category to your checklist:

• Data you feed into tools (anything you paste into an AI assistant)

How AI tools change the privacy conversation

Using AI doesn’t automatically mean you’re violating privacy laws. But it does mean you should be more intentional about what data is being processed and where it goes.

AI tools may process user-submitted information

Creators often use AI for:

• drafting or editing content
• summarizing customer emails to respond faster
• generating FAQ answers
• categorizing support tickets
• moderating community content
• turning long-form content into social captions

But if you paste in:

• a customer email
• a support message with their name
• a quiz response
• a form submission

…you may be providing personal information to a third party. The entire point of data privacy laws is to provide people more control over how their data is used. If you aren’t explaining it might be used in AI as part of your privacy policy, you’re failing to comply. The Practical takeaway: If you use AI with real user data, you should know:

• what information is being processed
• whether it’s stored
• whether it’s used to improve the tool
• what settings you can control

Better yet, ask if the AI actually needs the personal information to do what you’re asking. Chances are it doesn’t. For customer support, it needs to know the question, potentially what products relate to it, and your refund policies, but it doesn’t need the customer’s name, email, or Stripe ID.

Your privacy policy should match your tool usage

Your privacy policy is supposed to describe your data practices, all of them. If your policy says you only collect email addresses, but you also:

• run analytics
• embed third-party tools
• use ad pixels
• use AI tools with user messages

…then your policy may be incomplete and in need of an overhaul. You don’t need to overshare proprietary workflow details. But you do want your disclosures to be accurate.

Sensitive information deserves extra caution

Some data categories are treated as “sensitive” under certain laws, and kids’ information is often treated with extra care. Even if a law doesn’t use the word “sensitive,” a good rule is:

• Don’t feed AI tools data you wouldn’t want exposed.
• Don’t collect what you don’t need.
• Don’t keep data longer than necessary.

Who might need to care about California rules (even if you don’t live there)

Creators often assume: “I’m not in California, so California privacy rules aren’t my problem.” But privacy rules can apply based on where your visitors are, not just where you are. (hello GDPR) Also, even when a law doesn’t apply to you directly, it can still affect:

• how your vendors write their terms
• what platforms expect from you
• what your audience expects

Practical approach: Instead of trying to decide “does this law apply to me?” in a vacuum, treat privacy as a compliance baseline.

What creators should pay attention to as privacy expectations evolve

Rather than chasing every headline, focus on the themes that keep coming up:

• More transparency about what data you collect and why
• More user control over tracking and marketing use
• More scrutiny of targeted advertising and profiling
• More concern about kids’ data and family-related content
• More attention on automated processing and AI-derived insights

You don’t need a law degree to respond to these themes. You need a good inventory of your tools and a policy that reflects the reality of how you run your business.

Special considerations for family, parenting, and kids-adjacent content

If your brand is family-focused, or your content is likely to attract parents and children, your privacy policy deserves extra attention. Two important distinctions: 1.Content for parents is not the same as collecting data from children. 1.Kids’ data issues usually turn on collection and targeting, not just topic. Questions to ask:

• Do you run ads or tracking on pages designed for kids?
• Do you have any forms or community spaces where minors might submit information?
• Do you offer freebies, contests, or downloads that could be used by children?

If the answer is “maybe,” it’s worth reviewing both your tools and your policy language.

Signs your privacy policy probably needs an update

If any of these are true, it’s time for a refresh:

• You added AI tools or automations
• You installed new analytics, pixels, ad scripts, or heatmaps

What to review beyond the privacy policy

Sometimes your privacy policy is fine, but your setup is the issue. Consider reviewing:

• cookie/consent settings
• email platform settings (double opt-in, retention)
• AI tool settings related to storage or training (if available)
• plugin lists and third-party embeds
• internal workflows (who can access customer data, how long you keep it)

FAQ

Do I need a privacy policy if I only have an email opt-in?

In most cases, yes. If you collect emails (or use analytics/cookies), you’re collecting information, and you need a privacy policy.

What if I use AI only for writing blog posts?

If you’re not feeding user-submitted information into AI tools, your privacy risk is typically lower. But you still should understand what your tool does with any inputs and whether you’re disclosing AI use where appropriate.

Final takeaway

A privacy policy should be a living document that evolves as your business evolves. It’s not a one and done thing. If you want a simple, low-pressure place to start, grab my Legal Blindspots Guide and use it as your “legal housekeeping” checklist for the next quarter.

The post New California privacy rules for bloggers using AI tools: what you need to know. appeared first on ELIZABETHSTAPLETON.COM.

Using AI is not the problem.

The problem is when the way you use AI could mislead your audience about what is real, what you personally experienced, what has been verified, or what is actually endorsed.

That is where disclosure matters. But there is another reason to disclose that most creators are not talking about yet, and it may actually be the more important one.

If you use AI as part of your creative process and then substantially edit, rewrite, and make that work your own, you have a copyright claim worth protecting. Proactively disclosing your human contributions is how you do that. Staying silent, or letting people assume the work is purely AI-generated, leaves you exposed.

This post gives you a practical framework for when AI disclosures matter most, what language to use, and where to put them so they actually do their job.

First: What Do I Mean by “AI Disclosure”?

Before getting into the when and where, it helps to separate out the different things people mean when they talk about AI disclosures. There are three distinct situations, and they come with different levels of urgency.

Disclosing AI use is the broad category: “I used AI as part of creating this.” Sometimes that matters to your audience. Often it does not, more on that below.

Disclosing AI limitations is about accuracy and reliability. If AI was involved in content where errors could mislead someone, especially on high-stakes topics like health, finances, or legal information, you want a review process in place, and sometimes a disclosure that signals you have one.

Disclosing synthetic media is the highest-stakes scenario. This is when AI-generated or AI-altered audio, video, or images, think deep fakes, could make someone believe a real person said or did something they did not. This category warrants the most attention and the clearest transparency.

Understanding which category you are in is the first step to knowing what, if anything, you need to say.

The Reason Most Creators Are Not Talking About: Your Copyright

Here is the angle that changes how you think about AI disclosure.

The U.S. Copyright Office is clear on this: works entirely generated by AI cannot be copyrighted, no matter how customized the initial prompt. If AI is the source of the expressive choices, if it wrote the words, composed the arrangement, created the image, then there is no aspect of human authorship (the bedrock of Copyright protection), and therefore no copyright protection. Anyone can copy it without legal consequence.

But here is what matters for most working creators: if you use AI to assist your creative process and then substantially contribute your own original expression, rewriting, restructuring, selecting, adding your perspective and voice, that human contribution is what can lead to copyright protection.

Keep in mind that copyright can apply automatically (assuming human authorship), but there are additional benefits to registering your copyright.

The key for either is that you need to be able to show your work. The Copyright Office’s guidance specifically states that applicants have a duty to disclose the inclusion of AI-generated content and to provide a brief explanation of the human author’s contributions to the work.

What that means practically: if you use AI to generate an outline and then heavily rewrite and develop the content yourself, you have a protectable work. But if people, or a court, look at your content and have no way of knowing the extent of your human contribution, you lose leverage. Someone could copy your work and argue it was purely AI-generated and therefore not protected. You want a paper (or metadata) trail that shows otherwise.

Proactive disclosure of how AI was used and how you contributed human creativity is not just a transparency gesture. It is a way of staking your copyright claim.

When AI Disclosures Matter Most and May Be Required by Law

Disclosures matter most when your audience could be misled about something that would change how they evaluate your content/product etc., or when your rights are at stake.

1. Reviews, Testimonials, and Endorsements

If your content implies that you personally used a product, that a customer gave you a real testimonial, that a quote came from a real person, or that a review reflects a real experience, you need to be very careful about any AI involvement that could blur those lines.

Specifically, avoid:

• Generating “reviews” with AI and presenting them as real customer feedback
• Paraphrasing a real testimonial so heavily that the meaning changes
• Writing “I tried this and loved it” language when you did not

This is also where the FTC’s enforcement attention focuses. In 2024, the FTC finalized a rule specifically targeting fake reviews and testimonials, with AI-generated fake reviews explicitly called out. The core principle is straightforward: do not fabricate social proof or imply personal experience you did not have.

2. Health, Money, or Legal Topics

If your content could influence someone’s financial decisions, health choices, or understanding of their legal rights, your audience has a higher expectation of both accuracy and transparency.

That does not mean you cannot use AI in these areas. It means you should verify specific claims before publishing, avoid overstating certainty, and clearly distinguish education from advice.

If AI helped you draft content in these categories and you reviewed and verified the key claims, a simple disclosure can actually build trust rather than undermine it. Something like: “This post was drafted with AI assistance and reviewed for accuracy” is clear and honest without being alarming.

3. Synthetic Media That Looks or Sounds Like a Real Person

If you are using AI-generated or AI-altered media, a cloned voice, a face-swapped video, footage that appears to show a real person saying something, transparency is NOT optional.

The concern is not creativity. The concern is whether a viewer could reasonably believe they are watching or hearing something authentic that is not. If there is any real risk of that, label it clearly, near the content.

4. Automated Support, AI Coaches, or AI-Driven Products

If someone in your audience could reasonably believe they are receiving a human response, a human review, or personalized human feedback, but they are actually interacting with an automated system, a clear upfront disclosure prevents real trust problems later.

This applies to AI chatbots positioned as support or coaching, automated email sequences presented as personal replies, and any product where the human-vs-AI distinction is key to the buyer’s decision.

What the FTC Cares About (Creator Translation)

You do not need to memorize regulatory language to understand the FTC’s core concern: do not misrepresent, do not fabricate, and do not leave out information that would matter to a reasonable consumer.

In practical creator terms:

• Don’t imply a personal experience you did not have
• Don’t present AI-generated endorsements or testimonials as real
• Don’t use synthetic media in a way that is designed to deceive
• Don’t present unverified AI-generated claims as established fact, especially in high-stakes categories

The 2024 FTC rule on fake reviews and testimonials is worth knowing if you create review-style content, work with affiliate partners, or use testimonials in your marketing. The rule treats AI-generated fake reviews as a deceptive practice.

What the EU AI Act and State Laws Could Mean for You

This area is moving quickly, and the honest answer is that the legal landscape is still developing. But here is what creators should know right now.

The EU AI Act includes transparency obligations in certain contexts, particularly around synthetic media and AI-generated content that could deceive. Article 50 addresses these transparency obligations directly. If you have an EU audience, work with EU-based brands, or distribute content into the EU market, it is worth paying attention even if you are U.S.-based.

At the state level, California and Colorado have been the most active in the U.S.

California passed the AI Transparency Act (SB 942) in 2024, with an effective date now set for Jan. 1, 2026. It primarily targets large AI platform providers (think OpenAI, Anthropic, etc.), requiring watermarking, detection tools, and manifest disclosures in AI-generated images, video, and audio.

It is aimed at the companies building AI tools, not necessarily individual creators using them. That said, the watermarking and disclosure infrastructure it creates will affect how AI-generated content is identified across platforms.

Colorado’s AI Act was signed in 2024 and has been subject to ongoing revision and legal challenges, as of 2026, its been repealed and replaced with a more narrow scope. The law focuses primarily on “high-risk” AI systems used in consequential decisions like employment, healthcare, and financial services. It is not directly targeted at content creators, but the trend it represents is worth watching.

The practical takeaway: these laws are primarily aimed at AI developers and deployers, not at individual creators using AI tools. But they reflect a broader regulatory direction toward transparency and accountability around AI, and the creators who are already documenting and disclosing their AI use will be ahead of wherever this trickles down to the creator economy.

Where to Place Disclosures So They Actually Work

The most common disclosure mistake is burying it.

A disclosure at the bottom of a long post, in tiny text, after a reader has already formed an impression, that is not a functional disclosure. Disclosures work best when they are close to the claim they relate to and visible before the audience forms the impression you are trying to correct.

Near the claim is the best default. If there is one specific thing that could be misunderstood, an image that could look like a real photo, a quote that could be read as real, put the disclosure adjacent to the content in question.

In video, if the disclosure matters to how the viewer understands what they are watching, say it briefly out loud when relevant, include a short on-screen text overlay, and include it in the video description. A description-only disclosure for video content is not sufficient if the content itself is potentially misleading.

In email, place disclosures near the specific claim if the email is making one, or in the footer for general practice disclosures. A footer disclosure works fine for “I use AI tools in my content creation process.” It is not sufficient for “a customer shared this with me” when no customer did.

A Practical Checklist Before You Publish

When deciding whether to disclose AI use, do not start with “Do I have to?” Start with: what could a reasonable person misunderstand here, and what can I show about my own contribution?

Step 1: Identify the misunderstanding risk. Could someone think this is a real testimonial? That you personally used a product? That this footage is real? That they can rely on this for a health or financial decision?

Step 2: Verify anything you are presenting as fact. This applies especially to numbers and statistics, legal or financial claims, direct quotes, and any “the law requires” or “the FTC says” type statements. If you cannot verify it, do not present it as certain, whether or not AI was involved in drafting it.

Step 3: Avoid personal experience language unless it is true. If you did not personally try the thing, do not write as if you did. “Here is what this tool is designed to do, and what to look for if you are considering it” is both honest and useful to your reader.

Step 4: Document your human contributions. If you use AI as part of your creative process and then substantially edit and develop the content yourself, keep a basic record of what AI helped generate and what you contributed.

This does not have to be complex, keeping track of revision history could be a great way to do this. This record supports your copyright claim if it is ever challenged.

FAQs

Do I have to disclose every time I use AI?

Not necessarily. If AI helped you brainstorm, outline, or refine wording and you reviewed and substantially rewrote the final content, a blanket disclosure does not always add meaningful value for your reader.

Where disclosure becomes much more important is when AI use changes what your audience might reasonably believe, particularly around testimonials, endorsements, synthetic media, and high-stakes factual claims. And regardless of audience transparency, documenting your human contributions matters for your copyright protection.

What if AI only helped with brainstorming or outlining?

Many creators treat behind-the-scenes AI use similarly to using any other research or drafting tool. If you reviewed, substantially rewrote, and made substantive creative decisions about the final content, those human contributions are what create copyright protection.

If you want to disclose it as part of your brand’s transparency values, you can. Keep it simple and matter-of-fact.

What about AI images and B-roll footage?

If an image could reasonably be mistaken for a real photograph of a real person, event, or product, label it, close to the image.

If you are using AI visuals as stylized graphics or concept art where the AI origin is fairly obvious from context, the risk is generally lower. When in doubt, a simple label (“AI-generated image”) takes two seconds and removes the ambiguity.

For images you want to claim copyright on, document what creative decisions you made, selection, arrangement, modification, etc., and what the AI contributed.

Can I copyright content I created with AI assistance?

Yes, if you made sufficient human creative contributions to the work. The Copyright Office’s January 2025 guidance is clear that human contributions to AI-assisted works can constitute authorship, BUT there is no clear set test on how much “human authorship” vs AI assistance constitutes copyright protected work.

Content where AI simply generated text based on a prompt, with minimal human editing, is unlikely to be protected. Content where AI assisted with an early draft that a human substantially rewrote, restructured, and developed is a much stronger case.

Final Thoughts

Transparent creators build trust faster. But there is also a more practical reason to be clear about how you use AI and what you contribute: your work is worth protecting, and proactive disclosure is part of how you protect it.

You do not have to be afraid of using AI in your creative process. You just need to be intentional about documenting your human contribution, both for your audience’s trust and for your own legal protection.

If you want one rule to keep in mind: disclose what would matter to a reasonable person, and document what you contributed as a human creator. Those two habits cover most situations without requiring you to memorize a regulation.

The post AI Disclosures for Creators: What to Share (and When It Matters Most) appeared first on ELIZABETHSTAPLETON.COM.

But if you’re running recurring memberships or selling digital downloads internationally, there’s a good chance your refund policy has some gaps you don’t know about.

Creators spend enormous time building their products and funnels and almost no time on the legal side of how those products are sold.

The result is a refund policy that looks fine on the surface but doesn’t actually hold up when EU consumer protection law or state-level U.S. subscription rules enter the picture.

The good news: once you understand what applies to you and what it actually requires, the fixes are pretty straightforward.

In this post, I’m walking through the two biggest legal frameworks affecting digital creators right now, who they apply to, and exactly what language you can use to stay compliant. Your refund policy for digital products deserves more than a generic template, and by the end of this post, you’ll know why.

Who Do These Rules Apply To?

Understanding scope is step one, because a lot of creators either panic thinking every global law applies to them, or dismiss rules that actually do.

U.S. State Automatic Renewal Laws (ARLs) apply to anyone selling recurring subscriptions or memberships to consumers in states with active ARLs, this includes California, Illinois, Connecticut, and Minnesota. If you only sell one-time digital products with no recurring payment, these rules generally don’t apply to you.

The EU Consumer Rights Directive (CRD) applies if you’re based in the EU, or if your business actively targets EU consumers (more on this in a minute). But simply having a website that’s accessible globally does not automatically subject you to this EU law.

Here’s the practical test: you’re considered to be “targeting” EU consumers if you

• actively appeal to them by offering pricing in Euros,
• translating your site into EU languages,
• running targeted ad campaigns in EU countries, or
• using EU-specific domains like `.de` or `.fr`.

If you bill entirely in USD, communicate in English, and operate on a `.com`, your EU liability is significantly more limited. That said, if you’re actively marketing to EU audiences, these rules are worth understanding.

Digital Content vs. Digital Services: What’s the Difference?

This distinction matters specifically under the EU law, because it determines when you need a refund waiver and what they should say.

Digital Content is data produced and supplied in digital form, typically through a single act of supply. Examples include digital courses, PDFs, e-books, software, templates, and standalone audio or video files.

Digital Services involve continuous supply or ongoing involvement from the provider over a period of time. Subscriptions and memberships are classified as digital services. So are live webinars, online communities, and cloud-based tools.

Getting this classification right determines which language you need to use.

The EU Rules: Navigating the 14-Day Right of Withdrawal

EU consumers have a statutory 14-day window to cancel distance purchases (like those made online) without giving any reason. A general “no refund” policy in your terms and conditions does not automatically override this right, and that surprises a lot of creators.

For Digital Content (Downloads): You can fully exempt your products from the 14-day rule. However, to do this legally, the consumer must give “prior express consent” to begin the download during the 14-day window and explicitly acknowledge that they will lose their right of withdrawal by doing so. If you skip this step, a consumer could technically request a refund within 14 days even after downloading your product.

For Digital Services (Subscriptions and Memberships): You cannot completely waive the 14-day rule. If a buyer requests immediate access to your membership, they can have it. However, if they cancel within the first 14 days, you must provide a pro-rated refund for the days they didn’t use. You keep only the amount proportionate to the time they actually had access.

The U.S. Rules: State ARLs and the Click-to-Cancel Standard

On the U.S. side, the Federal Trade Commission’s federal “Click to Cancel” rule was voided by the Eighth Circuit Court of Appeals in 2025 on procedural grounds.

Because the rule was vacated procedurally rather than on the merits, the FTC has indicated it intends to bring it back after correcting the process.

In the meantime, state-level enforcement is where the action is, and states like California, Illinois, and Connecticut are actively using their authority to go after unfair subscription practices.

Here’s what U.S. state ARLs typically require:

Clear Pre-Purchase Disclosures. Before checkout, you must clearly state the subscription terms:

• the recurring price,
• the billing frequency, and
• how to cancel.

Burying this in your terms of service does not meet the “clear and conspicuous” standard.

One-Step Online Cancellation. If a consumer signs up for your membership online, they must be able to cancel online just as easily, through a prominently placed direct link or button. You can’t require them to email or call to cancel if they signed up through a click.

Renewal Notices. For trial conversions or long-term subscriptions, some states require written reminder notices alerting customers of an upcoming charge and explaining how to cancel before it happens. Personally, I’ve since moved all my subscription/split pay products to Stripe only (instead of also offering PayPal), because Stripe makes it easy to ensure these renewal notices are sent out.

Practical Actions: What to Include on Your Checkout pages and Invoices

The most common mistake I see is creators burying required waivers in their general Terms and Conditions. These need to be separate, visible at the point of purchase, and structured as unticked checkboxes that the buyer actively checks.

However your checkout page and terms are not the only place you need special language….

Under EU law, this waiver is legally void unless confirmed on a “durable medium” immediately after purchase. That means your automated post-purchase email needs to include a confirming note. For example, in Thrivecart, I would add it to the invoice.

So in practice your checkout page should have a checkbox for the customer to agree to the terms and a checkbox to agree to the applicable refund policies/waivers.

Then on your invoice or post purchase email you should be including a statement that confirms the consent the customer gave at checkout.

Universal Best Practices for Any Creator

If keeping up with every state ARL, EU directive, and FTC development sounds like more than you have bandwidth for, designing your checkout to meet the strictest standards is the safest path forward.

Be crystal clear upfront. Before the buyer enters payment information, disclose what they’re buying, the recurring price, the billing frequency, and how to cancel.

Never use pre-ticked boxes to enroll someone in a subscription.

Make cancellation as easy as signing up: if they signed up with a few clicks, they should be able to cancel with a few clicks, through a prominently placed link or button in their account.

Send reminder emails before trial conversions and annual renewals, and include a direct cancellation link every time.

Send a retainable receipt after every purchase with the terms, the cancellation policy, and a clear record of the consumer’s consent.

These aren’t just legal checkboxes. They’re also good business practices that reduce disputes, build trust, and lower your chargeback risk.

Bottom Line

Whether you’re navigating the EU’s 14-day right of withdrawal or U.S. state enforcement of what are essentially click-to-cancel standards, the underlying legal principle is the same: consumers should know what they’re buying, explicitly agree to it, and be able to exit easily if they change their mind.

Remember, most laws come about because people were shady, so most of compliance is about transparency and not being shady, which I think makes it a lot easier to approach. When in doubt, ask, “how can I make this crystal clear to my customer?”.

For refunds and waivers, be sure to:

• separate your legal waivers at checkout.
• make cancellation genuinely easy.
• send proactive renewal reminders.
• confirm consent in your post-purchase emails.

These steps take a few hours to implement and protect you from the kinds of complaints and chargebacks that can cause real problems down the road. Your refund policy for digital products is worth getting right.

Are you worried you might be missing other legal protections in your creator business? Refund policies and subscription laws are just the beginning. Make sure your business is fully covered with my free guide: Top 5 Legal Blindspots for Online Entrepreneurs. Grab it and get the legal peace of mind your business deserves.

If you’re looking for language to use to comply with the EU’s Right of Withdrawal standards (taking effect in June 2026), you can find it inside my Website Legal Templates Bundle.

Additional Resources

• FTC Negative Option Rule information
• EU Consumer Rights Directive guidance

Have you updated your refund policy recently, or do you have questions about how these rules apply to your specific setup? Let me know in the comments!

The post How to Bulletproof Your Refund Policy: A Creator’s Guide to EU & US Subscription Laws appeared first on ELIZABETHSTAPLETON.COM.

Today’s data privacy laws—from the General Data Protection Regulation (GDPR) in Europe to CAN-SPAM act in the U.S. and new state-level laws popping up nationwide—don’t just encourage transparency and consent. They require it.

That’s where email segmentation comes in.

Segmenting your email list doesn’t just improve engagement or conversion rates (though it absolutely does). It also helps you stay legally compliant by ensuring that subscribers only receive emails they’ve specifically consented to receive.

This guide will break down how segmentation supports:

• Legal compliance with email consent laws
• Subscriber trust and satisfaction
• Smarter email marketing that actually performs

Whether you’re just starting out or cleaning up a years-old list, understanding how segmentation ties into compliance can protect your business—and improve your results.

Why Segmentation Matters

Segmenting your email list is more than a marketing tactic—it’s a legal safeguard.

When you treat all your subscribers the same, you risk sending emails they didn’t ask for. That’s not just annoying to your readers—it can also be non-compliant with laws like GDPR, CAN-SPAM, and U.S. state privacy laws.

Segmenting solves that by helping you:

• Send only the emails your subscribers actually signed up for
• Keep marketing and transactional emails separate
• Respect subscriber preferences without guessing

Failing to segment can lead to:

• Sending marketing content to someone who only consented to get a freebie
• Auto-adding buyers to your newsletter without asking
• Violating consent laws without realizing it

In short, segmentation helps you honor consent, reduce legal risk, and build trust—all while improving your email performance.

The Legal Side of Email Consent

Consent is the backbone of legal email marketing. It’s not just a best practice—it’s a legal requirement in many cases.

Here’s what you need to know:

What Counts as Consent?

To legally send someone marketing emails, their consent must be:

• Freely given – They had a real choice.
• Specific – They knew what kind of emails they’d get.
• Informed – You clearly explained what they were signing up for.
  Unambiguous – It required an active opt-in (like checking a box or clicking a confirmation link).
  

Consent Isn’t One-Size-Fits-All

Different types of emails have different requirements:

Segmentation Helps You Stay in Bounds

If someone only consented to receive product updates—not your newsletter—then segmentation ensures they don’t get unwanted marketing emails. That helps you stay aligned with consent laws and reduces the risk of spam complaints or penalties.

How GDPR Handles Consent and Segmentation

The General Data Protection Regulation (GDPR) applies to anyone collecting personal data from people located in the European Union—even if your business isn’t based there.

When it comes to email, GDPR has strict rules about consent, and segmentation is one of the best ways to stay compliant.

What GDPR Requires

To legally email someone in the EU:

• Consent must be freely given, specific, informed, and unambiguous
• You can’t bundle consent—for example, saying “get this freebie and automatically get all my future newsletters”
• You must prove consent if asked (that includes what they consented to and when)

Segmentation Helps You Comply by:

• Letting subscribers choose what kinds of emails they want (self-segmentation)
• Keeping marketing messages separate from necessary transactional emails
• Providing a clear record of what was consented to, so you can demonstrate compliance

Common Pitfall

Adding a customer to your general newsletter list after a product purchase—without their explicit consent—is not allowed under GDPR. That consent must be separate and clearly explained at the time of purchase.

Helpful Resources

• Read the full GDPR law
• Want the breakdown in plain English? Grab my free GDPR Compliance Guide

U.S. CAN-SPAM Act Compliance

In the U.S., the CAN-SPAM Act sets the rules for commercial emails. It’s not as strict as GDPR, but it still outlines important legal standards for email marketing—and segmentation helps you stay on the right side of them.

Key CAN-SPAM Requirements (Explained Simply)

• Use accurate sender information
  Your “From,” “To,” and reply-to fields must clearly identify who you are. No fake names or misleading identities.
• Avoid deceptive subject lines
  Your subject line must reflect the content of the email. If you’re offering a discount, don’t trick people into opening with unrelated or misleading text.
• Identify the email as an ad (when applicable)
  If your message is promotional, make that clear. This doesn’t mean shouting “This is an ad!”—but the commercial nature must be obvious.
• Include your business address
  A physical postal address must be included in every email. This can be your business PO box if you don’t want to share a home address.
• Make it easy to opt out
  You must include a clear and working unsubscribe link. Hiding it in fine print or requiring users to log in to unsubscribe violates the law.

Why Segmentation Helps

Segmenting your list ensures that:

• Unsubscribed contacts are removed from promotional segments but can still receive transactional emails like receipts or product access.
• You avoid accidentally re-adding someone who unsubscribed when they make a new purchase.
  You can better tailor your content so that you’re only sending marketing to people who are likely to engage—reducing your risk of being flagged as spam.

Helpful Resource

• FTC’s CAN-SPAM Compliance Guide

State-Level U.S. Privacy Laws (And Why They Matter for Email Segmentation)

While the CAN-SPAM Act sets a national baseline, individual U.S. states are creating their own data privacy laws that add new layers of compliance—many of which impact how you handle email consent and marketing preferences.

If you collect email addresses from residents in these states, you’ll want to understand what’s required. Segmenting your list can help you respect user rights and avoid accidental violations.

Here’s a table of the states with active or pending privacy laws. There are more states with laws but they tend to mirror the requirements of those below. The table also shows how they may impact your email practices:

Note: Some laws apply only to businesses that meet revenue or processing thresholds. If you grow, these laws may start to apply to you.

Why Segmentation Helps

• You can tag or separate subscribers by location to honor specific opt-out or consent rules.
• You reduce the risk of sending marketing emails to subscribers in states with stricter privacy laws—without their clear consent.

Real-World Segmentation Tips That Align with Legal Requirements

Segmenting your email list isn’t just a best practice—it’s how you stay compliant with privacy laws while building trust and engagement. But remember: segmentation only protects you legally if it’s based on clear, specific, and documented consent.

Here’s how to do it right:

Make Consent the Foundation of Your Segments

Don’t assume that someone who signs up for a freebie or makes a purchase wants to receive ongoing marketing emails. Unless they’ve explicitly agreed to it, sending promotions could be a violation of GDPR or other laws.

Instead, structure your opt-in around consent:

• Say: “Sign up for my newsletter and get [freebie] as a bonus.”
• Or use an unchecked box: “Yes, I’d like to receive helpful tips and occasional promotions.”

This makes the marketing purpose clear and separates it from the freebie or transaction.

Segment by Consent Type—Not Just Behavior

Clicking a link or downloading a resource doesn’t equal permission to market.

Your email platform should store:

• What they saw and agreed to at sign-up
• The exact consent they gave (e.g., “Marketing Tips” vs “Product Access Only”)
• The timestamp of consent

This way, your segments reflect what someone actually agreed to receive—not what you assumed based on their behavior.

Use Onboarding Emails to Request Additional Consent

When someone purchases a product, you can legally send onboarding or instructional emails related to that product.

But that doesn’t give you permission to send unrelated promotions or newsletters. Instead, include a clear CTA within onboarding like:

“Want even more tips and educational content, including the occasional promotional email?
[Click here to be added to that list.]”

That click becomes documented consent—and can trigger a tag to add them to your marketing segment.

Let Subscribers Update Their Preferences Clearly

Platforms like Kit (formerly ConvertKit) allow users to update their email preferences with just a few clicks.

This ensures that what the subscriber is clicking is clear—and the tag they receive reflects a real, compliant choice.

Keep Transactional and Marketing Emails Separate

You’re allowed to send purchase confirmations, login credentials, and product access emails without extra consent.

But never use those emails to sneak in promotional content unless consent was already given. Segment your audience so marketing and transactional flows are distinct.

Track and Store Consent Data

Finally, make sure your email platform is storing:

• Which form or workflow captured the opt-in
• What the subscriber saw and agreed to
• When it happened

That record could be essential for proving compliance—especially with international audiences or during audits.

Bottom Line: Respecting Consent Is Legally Required—and Good Business

Email segmentation isn’t just about increasing open rates or personalizing content—it’s about honoring your subscriber’s choices. When you send emails only to those who asked for them, you’re not just playing it safe legally—you’re also building trust with your audience.

Privacy laws like GDPR, CAN-SPAM, and a growing number of U.S. state laws are clear: consent must be informed, specific, and freely given. Segmenting your list based on what people actually agreed to is one of the easiest and most effective ways to meet those standards.

Whether you’re just starting out or tightening up your systems, now is the time to review:

• What you’re asking subscribers to consent to
• How clearly you’re presenting that choice
• How you’re using segmentation to honor that consent

Because when people choose to be on your list—not just to grab a freebie, but to actually hear from you—they’re more likely to open, engage, and eventually buy.

Ready to make sure you’re collecting consent the right way?

Grab the GDPR Compliance Guide here →

The post How Segmenting Your Email List Helps You Stay Legally Compliant appeared first on ELIZABETHSTAPLETON.COM.

The short answer is, it depends.

Just because you can technically put an affiliate link in a PDF or course doesn’t mean you’re allowed to under the affiliate program’s rules. 

Every program has its own terms and conditions that unfortunately many creators overlook or never even read.

This can be a costly mistake.

Failing to follow a program’s specific rules, could result in:

• Lost commissions
• Getting kicked out of the program

After signing up to an affiliate program and checking the box to agree to the program’s terms, it can be hard to find the terms again. 

Most affiliate terms are hidden deep in your dashboard (or welcome email) and the terms don’t specifically say “PDFs” or “courses” directly when talking about how you can share/promote your links, which can make it confusing. This post will walk you through:

• What to look for in the terms
• Where to find them on platforms like Impact, ShareASale, and ThriveCart
• How to ask an affiliate manager if you’re unsure

What Including Affiliate Links in PDFs or Courses Actually Means

Including affiliate links in digital products lets you get paid for recommending tools you already believe in. But what does that look like in practice?

Let’s break it down by format (I used AI to help create this table):

The Benefits Of Using Affiliate Links This Way:

• You’re already teaching about tools or resources — linking is natural.
• PDFs and courses often have higher trust, making clicks more likely.
• It creates a passive income stream from content you’ve already made.

But here’s the catch: just because you can include an affiliate link in these formats, doesn’t mean your affiliate program allows it. And that’s where a lot of creators run into trouble.

Can You Legally Use Affiliate Links in PDFs or Courses?

Technically, yes—you can legally put an affiliate link into a PDF or course.

But here’s the problem: Legal and allowed by the affiliate program are two different things.

Affiliate programs have their own terms and conditions. When you sign up, you agree to follow them—even if you didn’t read them. And if you break those rules, you could:

• Forfeit your commissions
• Get removed from the program
• Lose your affiliate account entirely

That’s why you must check the affiliate terms before using links in your digital products.

Here’s what to look for in the terms:

• Prohibited Promotion Methods Some programs ban links in what they might just refer to as “offline materials”, “gated content”, email, or downloadable files. If “PDFs,” “ebooks,” or “courses” are mentioned, read that part carefully.
• Traffic Sources or Link Placement Restrictions Look for mentions of email, PDFs, or non-website traffic. Some programs only allow links on a live website or blog post.
• Disclosure Requirements Programs may require specific language. For example, Amazon’s affiliate program has a mandatory disclosure statement you must use.
• Cloaking Rules You may not be allowed to use shortened or “pretty” links. Amazon, for instance, forbids cloaking affiliate links at all.

Not every program spells things out clearly. Some use vague language like “offline use prohibited” or “no email marketing.” That’s why it’s important to know how to locate and read the actual terms.

How to Find the Terms & Conditions of an Affiliate Program

Many affiliate programs don’t think much about making their terms easily accessible—especially after you’ve been accepted into their program. Here’s how to locate them on the most popular platforms:

Impact

Impact has a clean dashboard, but the terms are tucked away inside each brand’s profile.

How to find them:

1. Log into your Impact dashboard.
   
2. Go to the “Brands” tab and select the program you’re promoting.
   
3. Click on the brand name to open its details.
   
4. Click the “…” and select “View And Manage Contract”

ShareASale

ShareASale puts merchant terms in a slightly hidden spot.

How to find them:

1. Log in to your ShareASale account.
   
2. From the top menu, click “Merchants” → “Merchant Status.”
   
3. Find the program in your list and click the merchant’s name.
   
4. On their profile page, look for a tab that says “Terms & Conditions” 

ThriveCart (Self-Hosted Programs)

With ThriveCart, you’re usually dealing directly with individual product creators.

How to check their terms (if they had them when you signed up):

• Log into your affiliate dashboard
• Click on “View Products” for the creator whose affiliate program you are a part of – if like me you are in several. 
• Click into any product by clicking the “View” button
• Scroll to the bottom of the page and look for a button that says “Information on Data Usage”
• If you see “Product terms and conditions” Those are the affiliate program’s terms

If no terms are listed anywhere, it’s best to email the seller and ask directly: “Can I include your affiliate link in a lead magnet or course PDF?”. You should be able to use the “contact the vendor” tab to reach them.

What to Do If You Can’t Find the Terms in the Affiliate Dashboard

If you’re not seeing the terms right away when you log into your dashboard, here’s how to track them down.

Check your inbox

Start by searching your email for the welcome message from the program. Keywords like “affiliate terms,” “agreement,”  “contract,” or “rules” can help you locate the original link or attachment, if one was sent.

Ask the Affiliate Manager directly if it’s not obvious

If you still can’t locate the terms, email the affiliate manager or product creator. You can say:

“Hi, I wanted to double-check: Do you have terms and conditions I should follow for promoting this product? I’m especially curious if it’s okay to use affiliate links in a PDF or digital course.”

Asking shows you’re taking compliance seriously—and protects your commissions.

How to Stay Compliant When Using Affiliate Links in PDFs or Courses

Even if your affiliate program allows you to share your links in your offline or gated content you create, you’re still legally required by the FTC to disclose that relationship clearly. Here’s how to keep it compliant:

Include a clear disclosure before someone clicks a link.

Your audience must know before clicking that you could earn money from their purchase. Use plain, upfront language like:

“This document/course/resource contains affiliate links. If you click and make a purchase, I may receive a commission—at no extra cost to you.”

Avoid vague phrases like “some links may be affiliate links.” That’s not clear or specific enough. If your grandma couldn’t understand your disclosure, you’re not being clear enough.

Disclose in every file and format.

A website disclosure doesn’t cover your PDFs, eBooks, or course materials. You need to disclose inside each piece of content where links appear.

Real-World Example: Google Docs with Tabs

Let’s say you create a resource library using Google Docs and organize it using document tabs (using something like Google Docs’ table of contents. You include affiliate links in multiple sections or tabs.

You can’t just put the disclosure in Tab 1 or on a separate “disclaimer” tab. If someone can access affiliate links directly in Tab 3, they might never see the disclosure.

To comply, you need to:

• Add the disclosure at the top of each tab or section with affiliate links
• Or repeat it above every affiliate link

Don’t cloak links unless allowed

Some programs don’t allow shortened or “pretty” links—Amazon is the best-known example. Always check the terms before using tools like Pretty Links or Bitly.

Link to your full policy.

If you have a disclosures legal page, it’s smart to include a link for extra transparency:“See my full disclosure here: [your link]”

Bottom Line

Sharing your affiliate links in PDFs, eBooks, or courses you create can be a great way to earn passive income—but only if you follow the rules of your affiliate programs and disclose properly.

Here’s a quick recap:

• It’s not about legality—it’s about the affiliate program’s rules. Always read the terms before including links in downloadable or offline content.
• Terms may not always be easy to find. Check your welcome email, dashboard, and contract. If it’s still unclear, ask the affiliate manager directly.
• Disclosures are required. You must clearly let your audience know—before they click—that you could earn a commission. Do this in every format where affiliate links appear.
• Don’t assume one disclosure covers all formats. Just because your blog has a disclosure doesn’t mean your PDFs or course materials are covered.

When in doubt? Ask. Being proactive shows integrity and keeps your affiliate income safe.

The post Can You Use Affiliate Links in PDFs or Courses? (Here’s What You Need to Know) appeared first on ELIZABETHSTAPLETON.COM.

You might question“Do I really NEED to include a physical address in my emails?”

Unfortunately the simple answer is: Yes. But that doesn’t mean it has to be your home address.

Keep reading to learn:

• Why you’re required to include a physical address in your emails
• What your real address options are (hint: you have more than you think)

What is Legally Required

When you’re sending email broadcasts, whether it’s for a product, freebie, or your latest blog post, you’re sending what’s called “commercial email.” And commercial emails are regulated by law. 

The applicable law in the U.S. is the CAN-SPAM Act. This U.S. law states that every commercial email must include three key things: 

• a way to unsubscribe, 
• an honest subject line, (for example, avoid using “RE”) and 
• a valid physical address.

That address has to be real. It can’t be made up or left blank and it needs to be in every single email you send. 

What Are Your Options When It Comes To A Real Physical Address

While the law requires you to have a physical address for email marketing, that doesn’t require you to use your home address. There are several other options that will keep you compliant and protect your privacy.

Let’s walk through them, along with the pros and cons of each:

Your Home Address

This is the easiest option because it’s free and you already have it. But for many online business owners, especially those working from home, it can feel uncomfortable or even unsafe to publicly share that personal information.

• Pros: Free and you already have it
• Cons: Gives out your private information

P.O. Box

My preferred option, a P.O. Box is a mailbox you rent from the post office. It gives you a separate mailing address that keeps your home address private. It’s usually the most affordable option and has the benefit of being able to forward mail to a new address if you ever move.

• Pros: Protects your privacy, affordable
• Cons: Costs money, requires you to go out and get it set up

Commercial Mailbox 

A commercial mailbox is a mailbox rental from a source such as UPS. It gives you a street address, which looks more like a business location. It’s a popular option for small business owners who don’t want to rent office space but do want a more professional look.

• Pros: Looks like a real street address, great for privacy
• Cons: Slightly more expensive than a P.O. Box, doesn’t offer mail forwarding if you ever decide to switch

Email Marketing Service Address (like Kit)

Some platforms, like Kit (formerly ConvertKit), let you use their business address when you’re just starting out. It’s a great solution if you want to delay setting up your own address right away.

• Pros: Free (with some providers), instant setup
• Cons: May not be available to all users or forever

Where to Put Your Address in Your Email

Now that you’ve picked an address to use, let’s talk about where it actually goes.

The most common and legally compliant place to include your address is in the footer of your email. Generally email marketing tools like ConvertKit, MailerLite, or Flodesk, will often build the footer into your email template already—so you just need to make sure it’s filled out correctly.

You can usually set your mailing address once in your email platform’s settings or profile area, and then it will automatically show up at the bottom of every email you send. 

Just double-check that it’s the right address and that it’s showing up properly. If you ever change your address, make sure to update it in your email service provider so you stay compliant.

It’s also worth noting: the footer is where your unsubscribe link lives too. That, plus your physical address, is what helps your emails stay out of spam folders and on the right side of the law.

Bottom Line – You Need a REAL Address but it doesn’t have to be your home address

Including a physical address in your emails isn’t just a “nice to have”—it’s legally required. But that doesn’t mean you have to give up your privacy by using your home address.

You have several options, from using a PO box, commercial mailbox, to your email platform’s address, you can find a solution that fits your business and your budget. Just make sure that once you pick one, you keep it updated.

Ready to Make Sure All Your Email Marketing Is Legally Compliant?

If you want to go beyond just adding an address and make sure your entire email setup is compliant with GDPR, CAN-SPAM, and more…

Grab the Website Legal Templates Bundle — it includes everything you need to protect your business without breaking the bank.

FAQs About Physical Addresses in Email Marketing

Still unsure about the rules? Here are some of the most common questions I get from bloggers and digital business owners:

Do I have to include my address in every email?

Yes. Every single one. Whether it’s a broadcast, a welcome email, a sales sequence, or a weekly newsletter—if it’s a commercial email, it needs a physical address in the footer.

Can I use a fake address or just leave it out?

Nope. Using a fake address or skipping it completely violates the CAN-SPAM Act and could get you flagged by your email platform—or worse, fined.

What if I don’t want to use my home address for Email Marketing?

That’s totally valid, and you don’t have to. You can use a PO box, commercial mailbox, or in some cases, your email platform’s business address (like Kit offers). These are all real, acceptable options that protect your privacy.

Will my audience actually see this address?

Yes, it’s visible in the footer of your email. But most readers are focused on your content—not your contact info. As long as the address is legitimate, you’re good.

Is there a difference between a PO Box and a commercial mailbox?

Yes. A PO Box is clearly labeled as such, while a commercial mailbox gives you a street address, which can look more professional.

The post Do You Need to Include a Physical Address in Your Emails? Yes, But Here’s What That Can Look Like appeared first on ELIZABETHSTAPLETON.COM.

Recurring revenue is the holy grail for online business owners. It is reliable, helps avoid feast and famine cycles, and it just helps manage the stress of running a business when you know there is revenue due to come in.

However, as of July 14, 2025 the Federal Trade Commission (FTC) requires businesses to follow a new rule when it comes to subscriptions, often referred to as the “Click to Cancel” rule. The rule came into effect to stop shady subscription tactics and protect consumers from being charged without clear consent. 

While many news articles have focused on the “ease of cancellation” aspect of the rule, there’s another part that’s just as important—what you must disclose and get consent to, BEFORE a customer pays.

In this post, you’ll learn:

• What the new FTC rule actually states
• The specific requirements you must meet
• Simple, actionable steps to help you stay compliant
• Common mistakes and how to avoid them

Let’s make sure your business is both legally compliant and customer-friendly.

What Is the “Click to Cancel” Rule?

The rule is aimed at making subscriptions clear and easy to cancel for customers. 

And while it might seem tedious or frustrating as a business owner, it’s likely to result in fewer customer support tickets, payment processor disputes, and even more reliability when it comes to your income since you won’t need to issue refunds as often.

The FTC’s “Click to Cancel” rule is part of its updated Negative Option Rule (which is a really confusing name, so ignore that and just focus on the subscriptions part that I’m covering), which covers:

• Subscription products (for example, memberships, where there is ongoing access to a product or service as long as the subscription is active)
• Automatic renewals (for example, A course that grants 1-year access and renews annually unless the user cancels)
• Free-to-paid trials (for example, a free 7 day trial that then renews at $10/month)
• Payment plans that renew or extend beyond the initial term (for example, a split pay for an annual plan on a membership, that renews annually)

Here’s what the rule says you must do:

• Canceling must be as easy as signing up.
• Clear, upfront disclosure before the purchase is mandatory.
• Affirmative consent is required.

What the New Rule Requires You To Do Moving Forward

The FTC’s new rule has two major parts you need to follow:

Clear Disclosures and Consent Before Charging

Before you charge someone, they must clearly understand:

• What they’re paying for
• How much it costs
• How often they’ll be charged
• How they can cancel

You must also get clear consent before charging. That means:

• A required checkbox at checkout with simple, direct language like:
  “By checking this box, you agree to be charged $29/month until you cancel. You can cancel anytime at [insert link].”

This prevents surprises and builds trust.

Click to Cancel

Customers must be able to cancel:

• The same way they signed up (if sign-up was online, cancel must be online too)
• Without needing to email, call, or chat with support (unless that was required to purchase)
• Using a cancel link or portal that is easy to find

What works:

• A cancel button in their account settings
• A clear link in your website footer or Terms and Conditions

What doesn’t work:

• Hiding the cancel option
• Requiring customers to contact support to cancel
• Adding extra steps or delays to stop billing

Step By Step: How to Ensure Compliance

Here’s how to update your business checkout pages so that they follow the new FTC rule:

Add A Checkbox At Checkout Spelling Out The Terms Of The Subscription, And Ensure It’s Required To Be Checked Before Proceeding To Payment

Clearly show what the customer is agreeing to before they complete their purchase. The checkbox should spell out the recurring charge, how often it occurs, and how they can cancel. Make sure the box is unchecked by default so the customer must actively agree.

Update Your Terms and Conditions

Your Terms and Conditions are the rule book customers must agree to when purchasing from you. 

Your terms should include among other things, all key details about billing and how to cancel. Link to this page clearly during the checkout process so customers can review it before buying. 

Even better, be sure they are required to agree to the terms and conditions at checkout (once again the box should not be pre-checked).

Ensure your Cancellation Process/Link is Easy to Locate

While every business owner hates churn and customers cancelling you still must make it easy for customers to cancel.

A cancel link should be easy to find—such as in your website footer, on a help page, or inside a customer portal. 

Remember the cancellation process should be just as easy as signing up was, so if they could find your sales page without reaching out to you personally, they should be able to locate the means to cancel without reaching out as well.

Turn on Customer Portals (if your platform has the functionality)

If you use platforms like ThriveCart, enable customer account areas(it’s called the customer hub) where users can manage their subscriptions. Letting customers cancel on their own isn’t required, but it’s the easiest and most effective way to follow the rule.

Automate the Cancellation Process

Don’t make customers wait for manual approval. Once someone submits to cancel, your system should immediately stop future charges. This avoids mistakes and keeps you compliant.

Add a Buffer Period (Optional but Helpful)

If automatic cancellation is difficult with your system, or you don’t want to use your tools’ automatic cancellation functionality and you want to give yourself time to process cancellations, you can say that cancellations must be made 2–3 business days before the next charge. 

Just be sure to clearly explain this in your disclosure and Terms and Conditions.

These changes don’t just keep you compliant—they also improve trust and reduce refund requests and payment disputes.

Easy-to-Make Mistakes (and How to Avoid Them)

There are a lot of moving pieces when it comes to running an online business so it’s easy to miss something or drop a ball. Here are some common mistakes that can get you in trouble with the FTC:

Using Pre-Checked Boxes

A box that’s already checked doesn’t count as real consent. The customer must actively check the box themselves to show they agree to the recurring payment.

Forgetting to Update Terms and Conditions

Outdated Terms and Conditions can put you at risk in more ways than one. Make sure your policies explain the billing frequency, how to cancel, and any deadlines for stopping a charge before the next payment goes through.

Not Testing the Cancellation Process

Go through your own cancellation process like a customer. If it takes more than a few clicks or feels confusing, change it. 

A smooth cancellation process not only keeps you compliant—it also shows you respect your customers.

Avoiding these mistakes helps you stay compliant—and keeps your customers happier too.

Want Help With the Legal Side of Your Online Business?

If this post helped clarify the new FTC rule, you’ll want to check out The Smart Blogger’s Guidebook to the Legal Side of Blogging.

This reference guide is designed to help bloggers and digital product sellers understand the legal rules that apply to their business. It explains what’s required and why it matters—so you can make informed decisions and protect your business from costly mistakes.

Inside, you’ll learn:

• What your Terms and Conditions and Privacy Policy need to cover (and why)
• What disclosures are legally required for affiliate links and sponsored content
• The rules around email marketing (including CAN-SPAM and consent)
• The basics of copyright and trademark protection
• How consumer protection laws apply to selling digital products and memberships

The Smart Blogger’s Guidebook to the Legal Side of Blogging is a straightforward reference made for non-lawyers. Get the guide here

The post FTC’s Click to Cancel Rule: What Digital Sellers and Membership Sites Must Do to Stay Compliant appeared first on ELIZABETHSTAPLETON.COM.

While technology is advancing quickly, legislation is trying to keep up.

If you’re a blogger, influencer, or digital creator, you can’t afford to ignore these new laws. In both the U.S. and Europe new legislation aims at setting clear rules about what you need to disclose and who owns AI-generated content.

In this post, I’ll walk you through:

• What the laws actually say (in plain English)
• When and how to disclose AI use
• What counts as your work under copyright law
• And what’s coming next, so you can stay ahead

Let’s get started….

AI-Generated vs. AI-Assisted Content – what’s the difference?

Before we dive into the legal side of things, it’s important to understand how we categorize AI-created content. AI Created content typically falls into two different categories, AI-Generated and AI-Assisted. The difference can matter a lot, particularly when it comes to copyright and disclosure rules.

AI-Generated Content

This is content created entirely by an AI tool with little or no human involvement in the output. Keep in mind your prompt is the input- it doesn’t matter how good the prompt is, using the output without edits means it’s considered AI-Generated Content.

Examples:

• A blog post written by ChatGPT and then published without changes
• A video narration generated by AI voice software without any human input

Why it matters: Not only do you not own the copyright of AI-Generated Content, meaning anyone can steal it and you will have little recourse, but you may need to disclose that AI created it.

AI-Assisted Content

This is content where you used AI to help, but a human (you!) made the final decisions and edits.

Examples:

• Using AI to generate an outline, but the article is written and edited by you
• Getting headline suggestions from AI but choosing and rewriting them yourself

Why it matters: You can likely claim the copyright to the content and disclosure may not be legally required (but it’s still a smart move).

Here’s a quick overview (this table was generated with the help of AI):

Type of Content	Who Created It?	Copyright Protection?	Should You Disclose?
Fully AI-generated	AI only	No	Yes, in some cases it’s legally required but it’s a smart move either way
AI-assisted	AI + human (you)	Maybe (if enough human input)	Optional, but often recommended
Human-created	Human only	Yes	Not required

EU AI Act: When You Must Disclose AI Use

The European Union has officially passed the EU AI Act, the first law of its kind. While most of the law’s rules don’t take full effect until August 2026, parts of it are already active—and it’s setting the tone for new legislation around the world.

Even if you don’t live in the EU, if your content can be seen there (like a blog or YouTube video), it’s smart to understand what’s expected.

What the EU AI Act Requires from Creators

Under the Act, you must disclose, if the content is meant to inform the content, when content is generated or heavily modified by AI.

This includes:

• AI-generated blog posts or articles
• AI-generated images or deepfake-style videos
• AI-altered audio (like voice cloning)

If people might think it’s human-made, and you’re sharing it with the public, you must say it’s AI-generated.

The Exception: Editorial Responsibility

If you’ve reviewed, edited, and taken responsibility for AI-assisted content, and it reflects your voice and intent, you may not need to disclose under the EU rules. But transparency still builds trust and helps to stake your copyright claim if someone tries to steal your content.

What Disclosures May Look Like for Creators

Even if you can copyright AI-assisted content, it’s still smart to be upfront with your audience.

When Should You Disclose AI Use?

In the U.S., disclosure isn’t (yet) legally required in most cases. But it is required: under the EU AI Act when content is synthetic and meant for public information

Otherwise, disclosure is just a smart move.
Why? Because it:

• Builds trust with your audience
• Stakes your claim to ownership
• Helps clarify how your content was created if someone tries to copy it

How to Write an AI Disclosure

Keep it clear, friendly, and simple. Here’s a basic example:

Example Disclosure (Blog Post): This post was created with the help of AI tools and heavily edited by a human (me!) to reflect my personal experience and expertise.

Where Should You Put It?

• In blog posts: Above the fold or clearly noted near the content
• In emails: In the Footer or near the content section
• In videos or podcasts: Mention in the intro or description
• In legal pages: Include an AI disclosure in your site’s disclaimers or privacy policy

Want it done for you? My Website Legal Templates Bundle includes a ready-made AI Disclosure Template.

What’s Coming: New AI Laws in Colorado, and Around the World

The EU AI Act may be grabbing headlines, but it’s not the only game in town. U.S. states are starting to pass their own AI laws—and more are on the way.

Here’s a quick look at what’s happening:

Colorado AI Act (Passed 2024 – Effective 2026)

• First comprehensive AI law in the U.S.
• Applies to both developers and deployers (yes, that can include content creators using AI for business)
• Focuses on high-risk AI systems, especially those making decisions that affect people’s rights or finances
• Requires:
  • Impact assessments for high-risk systems
  • Notice and explanation when AI is used in high-stakes decisions
  • Risk mitigation practices for both builders and users of AI

Takeaway: If you’re using AI in ways that affect hiring, lending, or other “important” decisions, you’ll need to show you’re using it responsibly.

California AI Legislation

• California is working on multiple AI-related laws
• Focus: Preventing discrimination in automated decision systems
• Laws target businesses using AI in employment, housing, or similar services

Takeaway: More transparency laws are coming—and businesses of all sizes may be included.

The Global Trend: Transparency + Human Oversight

From the EU to U.S. states, the pattern is clear:

• Be transparent about AI use
• Make sure all content is reviewed by a human and ideally undergoes editorial review.
• Respect people’s rights when AI is involved

Even if you’re just using AI to write emails or create content, it’s worth getting ahead of these new laws.

Bottom Line for Creators Using AI

AI is an amazing tool—but like any tool, how you use it matters. With new laws rolling out fast, it’s smart to stay informed and take simple steps now to protect your content and your business.

Here’s what you need to remember:

• Just because you came up with the prompt, doesn’t mean you can claim AI-Generated Content as Yours: You can’t copyright content fully written by AI. Use your voice, experiences, edits, and input to make it legally yours.
• Disclose when appropriate: If AI helped, say so. This is especially important for transparency.
• Document your process: Keep records of how you used AI and how you changed or improved the content.
• Keep up with new laws: Colorado already has an AI rule; more are coming. Being proactive puts you ahead.

Next Step for You:
Want an AI Disclosure you can just drop into your site or blog posts? Grab the Website Legal Templates Bundle →

The post What Content Creators Need to Know About AI and the Law in 2025 appeared first on ELIZABETHSTAPLETON.COM.

Using double opt in and think you’re all set? Unfortunately that likely isn’t the case.

The reality is that double opt-in alone doesn’t guarantee you’re being legally compliant.

Whether you’re trying to stay aligned with GDPR, CAN-SPAM, or other privacy laws, what really matters is the type of consent you’re collecting — and how clearly your subscriber understands what they’re agreeing to. 

That’s where even experienced bloggers and digital business owners often get tripped up.

In this post, I’ll break down:

• Why double opt-in doesn’t necessarily equal legal consent
• What the law actually requires for email marketing compliance
• And how to make sure you’re collecting proper consent and building a stronger and more engaged email list

What Double Opt-In Actually Does

Double opt-in is an often optional feature offered by email marketing services, where a subscriber must confirm their email address after signing up. Usually, this looks like:

1. A user enters their name and email on a form to sign up for your list or a freebie
2. They receive a confirmation email often referred to as the double opt in email and must click a link to complete their subscription

The idea is to ensure the email address is valid and that the person truly wants to be on your list. It’s a great tool for improving list quality and email deliverability because it helps keep spam bots and fake email addresses out. 

Here’s where things can get sticky: some platforms allow the confirmation click to also act as the freebie delivery and it’s often confused for consent to receive marketing emails. 

It might seem streamlined, but it doesn’t actually meet the requirements for legal consent under data privacy laws like GDPR (General Data Protection Regulation).

Ultimately double opt-in can improve email list deliverability, but it’s not a legal compliance tool by itself. 

What Legal Email Consent Actually Requires

Under laws like the General Data Protection Regulation (GDPR) in the EU, and to a lesser degree the U.S. CAN-SPAM Act, consent isn’t just about confirmation — it’s about clarity, specificity, and intent.

To be legally valid, consent must be:

• Freely given – You can’t make marketing consent a condition of getting a freebie
• Specific and informed – Subscribers must know exactly what they’re signing up for
• Unambiguous and affirmative – No pre-checked boxes, vague language, or silence-as-consent

For example, under GDPR, a subscriber must clearly agree to receive marketing messages — not just request a free download. 

If you’re relying on a “click to confirm your email and get the freebie” model, but haven’t separately asked for permission to send newsletters or promotions, you could be in violation.

This is where many well-meaning bloggers and digital businesses get it wrong. You may think you’re being compliant by using double opt-in for your mailing list, but without that explicit, separate consent, you’re still missing the legal mark — especially with international audiences.

When Double Opt-In Isn’t Enough Example

Let’s say you’re using ConvertKit (now Kit), which was designed with creators in mind and offers double opt-in where the click to confirm also automatically delivers the freebie. 

Sounds clean, right? The problem is that clicking to access a freebie isn’t the same as giving informed consent to receive marketing emails.

In fact, under GDPR, that approach doesn’t count as legal consent for promotional messages. If your platform doesn’t include a clear, separate consent then you’re not actually compliant.

This means you could be:

• Sending marketing emails to someone who never gave proper consent
• Failing to inform them exactly what they’re opting into
• Exposing your business to privacy complaints or legal risk

This is especially critical if your audience includes anyone in the European Union. For a full breakdown of GDPR for those located outside the EU, check out my GDPR Guide.

Why Getting Specific Consent Isn’t Just Legal — It’s Smart Business

Even if your business isn’t technically required to comply with GDPR or similar laws, following these consent standards can actually improve your email marketing results.

When subscribers know exactly what they’re signing up for — and choose to receive your marketing emails — they’re more engaged subscribers. They open more emails, click more links, and are less likely to unsubscribe or mark your messages as spam.

Proper consent also helps:

• Build trust with your audience – Transparency shows integrity, and people are more likely to buy from businesses they trust
• Improve deliverability – Fewer spam complaints = better inbox placement
• Clarify your brand promise – Setting expectations up front leads to a better experience and fewer surprises

So instead of worrying that requiring an extra checkbox in the opt-in process or changing how you position your freebies will reduce conversions, think of it as filtering in your most interested leads.

The people who actually want to hear from you. It’s not just legal compliance but a solid email marketing strategy.

What You Should Do Instead

If double opt-in alone isn’t cutting it for legal compliance, it’s time to rethink both how you collect consent and how you present your email opt-ins. Here are simple, effective ways to do it right:

Reframe How You Promote Your Freebies

Instead of saying, “Get this freebie when you enter your email,” position it like this:

“Sign up for my newsletter — subscribers get exclusive access to free resources like [Freebie Name]. I’ll send it your way as soon as you join!”

This sets the expectation that they’re subscribing to your newsletter (i.e., marketing emails), and the freebie is a bonus — not the transaction.

Use an Unchecked Consent Box for Extra Clarity

You can also include an optional checkbox that says something like: “Yes, I’d like to receive your newsletter and occasional promotions.”

Just make sure it’s not pre-checked — the subscriber must actively agree.

Track and Store Consent Data

Ensure your email platform is logging consent — including what form they signed up through and the date/time. This is essential for proving compliance if needed.

Review (or Update) Your Existing Forms

Audit your current opt-in forms and automations to confirm:

• You’re not forcing marketing consent to get a freebie
• Your language is clear and transparent
• You’re complying with GDPR or other relevant privacy laws

Final Thoughts: Don’t Assume You’re Covered — Be Intentional

It’s easy to assume that if you’re using double opt-in, you’re legally compliant. But when it comes to email marketing laws like GDPR, it’s not the tech that matters — it’s the clarity and quality of the consent you’re collecting.

Even experienced email marketers and digital business owners fall into the trap of relying on platform defaults or bundling a freebie with newsletter consent without making that distinction clear. 

But consent that isn’t freely given, specific, and informed? That’s not compliance — and it’s not good marketing either.

The solution isn’t to ditch your freebie or overcomplicate your forms — it’s to take the extra step to either reframe how you present the value of your list or simply add a check box to the signup process.

Lead with the newsletter. Emphasize the benefits of staying connected. Let the freebie be a bonus, not the hook.Because when someone chooses to be on your list — not just to get a freebie, but to hear from you — they’re more likely to engage, click, and become a customer, giving you a high quality email list.

The post Why Double Opt-In Might Not Be Legally Compliant (And What To Do Instead) appeared first on ELIZABETHSTAPLETON.COM.

Here’s why this matters:

• You could lose your affiliate income
• You might get removed from affiliate programs
• You could even get a warning from the FTC (Federal Trade Commission)

The good news? These mistakes are easy to fix. Let’s walk through the most common ones so you can stay legal, earn more, and build trust with your readers.

1. Not Disclosing Affiliate Links in Emails

Many bloggers forget that emails count as content too. If you add an affiliate link to an email, you must add a disclosure.

Here’s what the FTC requires:

• Add the disclosure before the affiliate link
• Use clear language like: “This email has affiliate links. I may earn a commission at no extra cost to you.”

Why this matters:

• Readers must know you could earn money before they click.
• The FTC sees emails as the same as blog posts—you must be upfront.

Quick Fix:
Add one line at the top of your email. Something like: “Heads up: This email has affiliate links. I may earn a commission if you buy something, at no extra cost to you.”

2. Hiding Your Disclosure Where No One Sees It

It’s not just where you put the disclosure—it’s whether people will actually see it.

Here’s what bloggers often get wrong:

• Putting disclosures in a sidebar
• Using tiny font or a light gray color that’s hard to read
• Hiding disclosures in dropdowns or footnotes
  

Why this matters:

• On mobile, sidebars drop to the bottom—so your disclosure could be invisible.
• If someone clicks a link without seeing the disclosure first, you’re out of compliance.

Quick Fix:
Use clear text, that is at least the same size as the paragraph text on the page—right above or next to your first affiliate link. Skip the sidebar, popups, or tiny text.

3. Hiding Disclosures in Hashtags on Social Media

Many creators think adding #affiliate or #sponsored in a long list of hashtags is enough. It’s not.

Here’s the mistake:

• Your disclosure gets buried in a sea of hashtags
• It’s not clear to someone just scrolling or skimming
• The FTC says it must be “clear and upfront”

What the FTC expects:

• Start your social post with “ad” or “sponsored”
• The disclosure takes place before someone can click
• Alternatively, say something like “I may earn money if you buy through this link.”

Why this matters:

• On platforms like Instagram or TikTok, people see the first few lines only
• If your disclosure is hidden, the FTC sees that as misleading
  

Quick Fix:
Start your post with something like:  “[Ad] I’m sharing this because I love it. I may earn a commission if you buy.”

Or on stories, use a sticker or text overlay that says “Paid Partnership” or “Affiliate Link.”

4. Using Vague or Confusing Language

Saying something like “This post contains affiliate links” might sound official—but it’s not enough.

Here’s why it doesn’t work:

• Most readers don’t know what an “affiliate link” is
• It doesn’t explain what that means for them
• The FTC says disclosures must be clear and in plain English

Clear vs. Confusing Language:

Clear	Confusing
“I may earn a commission if you buy through my link.”	“This post contains affiliate links.”
“This is a sponsored post. I was paid to share this.”	“In collaboration with…” (too vague)
“At no extra cost to you, I earn if you click and buy.”	“#partner” or “#sp” without explanation

Why this matters:

• If people don’t understand your disclosure, it doesn’t count.
• Clear language builds trust—and keeps you legally compliant.

Quick Fix:
Use everyday words. If your grandma wouldn’t understand your disclosure, then you aren’t being clear enough.

5. Skipping the Link to Your Full Disclosure Policy

A quick sentence in your post is important—but it’s only part of the story. You also need a full affiliate disclosure policy on your website.

Common mistakes:

• No disclosure page at all
• Mentioning affiliate links but not linking to a full explanation
• Thinking a one-line note covers everything

Why this matters:

• Some affiliate programs (like Amazon) require this
• A disclosure page shows transparency and protects you if questions come up
• It’s also helpful for readers who want more details

Quick Fix:

Create a “Disclosure” or “Legal” page. Add this line to your posts or emails: “Learn more in my full disclosure here [link].”

6. Not Disclosing Free Products or Gifts for Reviews

If a brand gives you something for free—even just to try—you need to say so.

Here’s the mistake:

• Writing a review without saying you got the item for free
• Thinking it’s only required if you got paid money
• Forgetting that free = payment in the eyes of the FTC

Disclosure Examples:

Say This	Don’t Do This
“I received this product for free in exchange for my honest review.”	Leave out that you got it for free
“The company sent me this to try. Opinions are my own.”	Hide the relationship and sound like a random customer
“This post includes items I was gifted.”	Just say “sponsored” if you weren’t paid in cash

Why this matters:

• You got something of value—that counts as compensation
• Your readers deserve to know
• Not disclosing can break trust (and get you removed from programs)

Quick Fix:
Add a simple sentence near the beginning of your post or video: “This item was gifted to me, but all opinions are my own.”

7. Treating Disclosures Like a One-Time Task

Some bloggers think they can just add a disclosure once and be done. That’s not how it works.

Here’s what goes wrong:

• Forgetting to add disclosures to new blog posts
• Not updating email templates with disclosure text
• Skipping disclosures on social media stories or reels

Why this matters:

• Every new piece of content with an affiliate link = new chance to disclose
• Reusing templates or automations can save time—but they must include disclosures

Quick Fix:

Set up templates that include disclosure lines by default.

Bottom Line: Keep It Legal, Keep It Honest, Keep Earning

Affiliate marketing is a smart way to earn money—but only if you follow the rules. These common disclosure mistakes are easy to make, but even easier to fix.

Here’s a quick recap:

• Disclose upfront in every blog post, email, and social post
• Use simple, clear language—not legal talk
• Make sure your disclosure is easy to see before any links
• Don’t forget to include your full disclosure policy

When you’re honest and upfront, readers trust you more—and trust leads to more clicks, more sales, and more income.Need help making your disclosures easy and automatic? Check out Affiliate Disclosures Made Easy — it’s a $9 resource that shows you exactly how to do it the right way without overthinking it.

The post 7 Affiliate Disclosure Mistakes That Could Cost You — Legally and Financially appeared first on ELIZABETHSTAPLETON.COM.

AI has transformed how bloggers and content creators operate, allowing them to seriously speed up content creation. 

But using AI in your business is not without its drawbacks. 

While copyright automatically applies to original works, the same cannot be said or AI generated content.

Which means someone can “steal” your AI content and there isn’t much you can do about it. 

Related Post: What to do when someone steals your blog content.

In this post, I’ll break down exactly how copyright law currently applies to AI-generated or AI-assisted content.

More importantly I’ll cover how you can blend AI assistance with your own (human) authorship to make sure your content is protected.

What Copyright Law Says About AI-Generated Content

At its core, copyright law is designed to protect original works of human authorship.

U.S. copyright law doesn’t recognize copyright ownership in works that are entirely created by a machine, even if that machine was prompted or guided by a human.

So what does that mean in the modern day of content creation?

If you use a tool like ChatGPT or another AI to write a blog post, and you hit publish without significantly altering it or adding your own input, voice, or creativity, that content likely isn’t going to be protected by copyright. 

That means someone else could copy and paste it, use it as their own, and you wouldn’t have a solid legal leg to stand on.

To be eligible for copyright protection, a work must:

• Be original (not copied)
• Show a minimal level of creativity
• Be created by a human author

Even if you came up with the prompt and reviewed the result, if you didn’t add meaningful human input into the final piece, the law doesn’t consider it “yours” in a copyright sense. Basically, you can’t copyright what a robot wrote. Even if you were the one telling the robot what to write.

Why This Matters for Bloggers and Digital Creators

For bloggers, content creators, and online business owners, this isn’t just a technical legal issue—it’s a business risk.

If you’re using AI to churn out content that doesn’t include enough of your own voice, perspective, or edits, that work may not be protected by copyright. That means:

• You can’t file a DMCA takedown if someone copies and pastes your AI-written blog post.
• You can’t stop others from using or republishing it, even if it ranks well or drives significant traffic.
• You could be in breach of platform policies, like for self-published books or online courses, that require you to own the rights to your content.

For online entrepreneurs who rely on content to grow their audience, build trust, and sell digital products, that’s a big problem.

So while AI can help speed up your content creation process, it shouldn’t take it over completely. 

How to Retain Copyright Protection When Using AI

Just because AI content can’t be copyrighted doesn’t mean you have to avoid using AI altogether. 

The key is to use AI tools as a support system or assistant—not a substitute or replacement—for your own creative input. Here’s how to do that effectively:

Use AI as a Starting Point, Not the Final Product

AI can be incredibly helpful for brainstorming, outlining, and even generating rough drafts. But what it gives you is just that—a starting point. Think of AI content like a lump of clay: it’s not art until you shape it.

Examples of AI-assisted tasks:

• Generating content outlines
• Rewriting blocks of text to overcome writer’s block
• Summarizing research or legal text in simpler terms

Infuse Human Creativity and Judgment

To create something that’s copyrightable, you need to contribute something original—your voice, your stories, your commentary. That means:

• Adding personal examples or experiences
• Rewriting and editing for tone, clarity, and style
• Providing analysis, opinions, or actionable advice that only you could give

This human touch not only makes your content legally yours—it also makes it more valuable to your audience. The more value you provide the better your content will do.

Keep Documentation

If you’re blending AI with your own work, consider keeping basic records of how you contributed:

• Save initial AI outputs and your revised versions
• Track which sections were entirely written by you
• Use version control tools or even comments in your drafts

This can help demonstrate your authorship if there’s ever a dispute and shows good faith in protecting your work. When in doubt if you’ve made the content “yours” run it through an AI detector like Originality.AI which will review and establish if content is likely AI or likely original. While it’s not perfect and I’ve seen it find sections it believed were AI in content that I wrote years before AI was a thing, it’s still a pretty solid indicator.

AI Disclosures and Transparency Best Practices

While AI-assisted content can be protected if it reflects your human authorship, being transparent about your use of AI can help further establish your claim to the work—and build trust with your audience.

When (and Why) to Disclose AI Use

There’s no legal requirement in the U.S. (though the AI act out of the EU does reference a need for disclosures) to disclose every time you use AI, but there are strategic reasons to do so:

• Build trust: Your audience appreciates honesty about how your content is created.
• Stake your claim: A clear disclosure helps set boundaries—“This is my work, and here’s how it was created.”

If you’re using AI tools in your content creation process—especially in public-facing content like blog posts, lead magnets, or sales pages—it’s worth having an AI disclosure policy in place.

Need help crafting a legally sound AI disclosure? It’s included in my Website Legal Templates Bundle.

Bottom Line

AI can be an incredible tool for your business, especially if you’re a solopreneur—but like any tool, it needs to be used wisely.

If you’re publishing content generated entirely by AI without adding or inserting your own creativity, voice, and input, you’re leaving it unprotected. 

However, when you use AI as a collaborator or assistant and infuse your own voice, perspective, and creativity, that content becomes yours—and it can be eligible for copyright protection.

So go ahead and let AI help you brainstorm, outline, or beat blank page syndrome. Just don’t forget to bring your own input and ideas to the table to make the content unique and original.

The post Can You Copyright AI-Generated Content? Here’s How to Make Sure Your Work Is Protected appeared first on ELIZABETHSTAPLETON.COM.

Here’s a simple breakdown of what changed, why it matters, and what to keep an eye on moving forward.

What Is BOI Reporting?

BOI stands for Beneficial Ownership Information.

Why did this rule exist?

It was part of a law called the Corporate Transparency Act (CTA) passed to:

• Stop money laundering
• Prevent fraud and terrorist financing
• Make it harder for criminals to hide behind fake business names

States vary greatly in what information is required to register a business entity—which allowed bad actors to hide behind “shell companies.”

The CTA was created to establish national standard to fix that. It required most businesses to tell the government who actually benefits from or controls the company.

Who Did BOI Reporting Apply To Before?

If you formed a U.S. business entity with your state such as a:

• LLC
• Corporation
• Partnership

… you had to report who owned or controlled it to FinCEN (the Financial Crimes Enforcement Network) via a BOI report.

What Changed in March 2025?

As of March 26, 2025, a new rule from FinCEN changed everything.

Now, most U.S.-based small businesses are exempt.

Here’s what the update says:

So… Do You Still Need to File?

If your business:

• Is based in the U.S.
• Was formed in the U.S.

Then you’re off the hook. No BOI report needed.

You still need to file if you are:

• A foreign company
• Registered to be doing business in the U.S.
• Not exempt under other rules

What Would BOI Reporting Have Required?

Even though you’re probably exempt now, it’s still good to know what would’ve been required.

Business Info:

• Legal business name + trade names/DBAs
• Business address
• State of formation
• EIN (Employer Identification Number)

Owner Info (for each “beneficial owner”):

• Full legal name
• Date of birth
• Home address
• Government ID (like a driver’s license)
• A scanned copy of that ID

If you’re a single-member LLC, this means you would have reported your own info.

When to File (If You Still Have To)

If BOI reporting does apply to you, here’s what the timeline looks like:

• Registered before March 26, 2025? You’ve got until April 25, 2025 to file your BOI report.
• Newly formed after January 1, 2024? You need to file within 30 calendar days of formation.
• Ownership or control changes? You’ve got 30 days to update your report after the change happens.

File online at: fincen.gov/boi

Bottom Line: Stay Informed, Even If You’re Exempt

Just because BOI reporting is no longer required for you, doesn’t mean you should stop paying attention to legal changes.

Make it part of your business routine to stay updated on:

• LLC filings
• Website policies
• Disclosures
• Business-finance separation

Legal stuff can change fast—and being informed helps you protect your business and avoid panic later.

The post BOI Reporting Update: What Bloggers & Online Business Owners Need to Know in 2025 appeared first on ELIZABETHSTAPLETON.COM.