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.

However, amidst all the creativity and engagement, it’s essential not to overlook the legal aspects of running a blog.

As a blogger, having a privacy policy is not just a legal requirement but also a critical step in building trust with your audience and protecting both yourself and your readers. Let’s delve deeper into why having a privacy policy is a must-have for every blogger.

What is a Privacy Policy

A privacy policy is a statement or document (typically included as a web page) that discloses how a website collects, uses, discloses, and manages a visitor’s data. This document serves as an agreement between the website operator and its users, outlining what kind of information is collected and how it will be used.

For bloggers, having a clear and comprehensive privacy policy is not just good practice to be transparent with your audience; it’s legally required.

Legal Requirements of Privacy Policies

Various laws across the globe mandate that websites must have a privacy policy if they collect personal information from their users. And more are popping up every month. In the United States, 3 states saw new Data Privacy Laws come into effect in 2023, 6 have or will have new data privacy laws come into effect in 2024, and 7 more states will have laws that take effect in 2025.

Here are some of the most well known regulations:

• General Data Protection Regulation (GDPR): Enforced in the European Union, GDPR requires any website collecting data from those located in the EU to have a detailed privacy policy, and proper consent to collect data.
• California Consumer Privacy Act (CCPA): One of the first states to draft legislation on data privacy in the US, this law applies to businesses operating in California or dealing with California residents. It demands transparency about data collection practices.

Laws and regulations that require websites to have a privacy policy

 Beyond GDPR, there is also the:

• Personal Information Protection and Electronic Documents Act out of Canada
• Brazilian General Data Protection Law
• The following States also have Data Privacy Acts enacted or coming into effect soon:
  • Colorado
  • Connecticut
  • Deleware
  • Florida
  • Indiana
  • Iowa
  • Kentucky
  • Maryland
  • Montana
  • New Hampshire
  • New Jersey
  • Nebraska
  • Oregon
  • Texas
  • Tennessee
  • Utah
  • Virginia

Consequences of not having a privacy policy

Failing to include a privacy policy on your blog can lead to several negative consequences:

• Legal Repercussions: Without a compliant privacy policy, you could face fines or legal actions from regulatory bodies.
• Loss of Trust: Readers may be wary of sharing personal information if they don’t know how it will be used, leading to decreased engagement.
• Monetary Penalties: Violations of GDPR or CCPA can result in substantial financial penalties.
• Suspension by Service Providers and Third Party Services: Platforms like Google AdSense or affiliate programs might suspend your account for non-compliance.

 So at the end of the day it’s possible that you will both be fined and your ability to continue to earn money via affiliate programs and other means, could be revoked.

What To Included in Your Privacy Policy

A robust privacy policy should cover various aspects of data collection and usage. In general you should include the following in a way that is easy to understand, so skip the legalese:

• Types of Information Collected: Specify whether you collect names, email addresses, IP addresses, etc.
• Methods of Collection: Explain how you gather this information—whether through forms, cookies, or other technologies.
• Purpose of Data Collection: Clarify why you’re collecting this data—for instance, for analytics, newsletters, or targeted advertising, make sure to also include the basis for consent
• Data Sharing Practices: Mention if you share this data with third party services such as advertisers or service providers. For example, email marketing services, certain plugins, or an analytics services like Google Analytics.
• User Rights: Inform users about their rights regarding their personal data under applicable laws (e.g., right to access, correct, revoke, and/or delete their data).
• Contact Information: Provide contact details for users to exercise their rights or to simply reach out with questions or concerns about your privacy practices. This is typically done via an email address or contact form on your site. Note, you cannot require users to create an account in order to exercise their rights.

How bloggers collect personal information from their readers

Bloggers commonly collect personal information through various methods:

• Email Opt-in Forms: If you have an email list and are working to grow through opt-in forms, you are collecting data..
• Comment Sections: When readers leave comments on blog posts, they generally have to include a name or email address which is personal data.
• Contact Forms: When readers reach out via contact forms for inquiries or collaborations in order for you to respond they have to provide personal information.

While this is not a comprehensive list of ways blogger’s collect personal data, these three ways are by far the most common.

Use of Cookies and Tracking Technologies

Cookies and tracking technologies play a significant role in modern blogging:

• Cookies: Small files stored on user devices that help track user activity on your site, and can be categorized as being first party cookies (originated on your site) or third party cookies (generated by a separate domain)
• Web Pixels: as cookies are becoming less reliable, pixels which are embedded in web content and because this is a site that helps you understand the legal side of things, I’ll defer to this great article that better explains the difference between cookies, pixels, and tags. 

These technologies help bloggers understand reader preferences better but must be disclosed clearly in the privacy policy.

Bottom Line

In today’s digital landscape, having a privacy policy isn’t optional—it’s essential for compliance and trust-building with your audience. Failing to implement one can lead to severe consequences ranging from legal troubles to loss of income generating activities.

By understanding what needs to be included in your privacy policy and how you collect personal information from your audience, you’ll be well-equipped to create a transparent environment where readers feel safe engaging with your content.

Stay compliant, build trust, and protect yourself legally by prioritizing an effective privacy policy for your blog today!

The post Why Blogger’s Need a Privacy Policy appeared first on ELIZABETHSTAPLETON.COM.

However, setting up an affiliate program isn’t just about the rewards. It requires careful selection of technology, an understanding of the legal side of running an affiliate program, and a willingness to manage your program.

What is an affiliate program

If you sell digital products, then adding an affiliate program could help you generate more sales faster.

At its core and affiliate program rewards people for sharing your product with commissions. The amount of which you decide.

Customers or affiliate marketers – often content creators of some sort, sign up for your program and are given a special link that helps tie them to people they refer as buyers.

The trickiest part of setting up an affiliate program is finding the right tech. Ideally whatever tech you use to sell your products will have the functionality to run an affiliate program as well. Personally, I use Thrivecart and have the Pro version (and no monthly cost, thanks to the lifetime plan) so I could have an affiliate program for my products.

Many platforms that give you the ability to sell your products will have this functionality, or will integrate with a tool that will, however it may require you to upgrade to a higher tiered plan. So be sure your business is actually in a place where you can afford that additional financial cost. 

Legal Requirements of Affiliate Programs

In the United States the Federal Trade Commission, known as the FTC requires that any affiliate relationship be disclosed before anyone can click on a monetized link.

You can read more about affiliate disclosure requirements here. Basically, if you have a financial interest in promoting a product, the potential buyer should know and so that is what the FTC rules are there for.

And to make sure you don’t end up with affiliates trying to take legal action, it’s important to have a terms and conditions policy specifically for your affiliate program.

What are Affiliate Program Terms and Conditions?

An Affiliate Terms and Conditions Policy acts as the rulebook for your affiliate program. It tells your affiliates what they can and cannot do when promoting your products. Some rules you have to have – like adhering to any laws you’re required to follow (for example, the FTC). Others you get to decide on… 

• How much commission you’ll pay out
• When to payout commissions
• How long between the referral and the sale you’ll allow (Amazons is only 24 hours) to reward a commission

Just like your website terms and conditions policy is the equivalent of saying “my house, my rules” for your website, your affiliate terms and conditions policy is saying “my products, my rules” when it comes to sharing and marketing them.

My experience with running an affiliate program

I’ve had an affiliate program for my products for over 5 years. However, I can’t say I’ve done a fantastic job of running it, meaning keeping my affiliates up to date on promotions, etc. But that has changed this year…. More on that later.

Despite not being great at promoting my affiliate program or running promotions with my affiliates, in 2023, my affiliate program generated over $40,000 in revenue. I paid out $17,997 in affiliate commissions in 2023, my biggest year to date. 

Which means I netted over $20,000 in profit from my affiliate program. That’s $20,000 in the bank, thanks to an affiliate program that I did a fairly mediocre job running.

Given the value of having an affiliate program for my products, I’ve invested in a membership to help me better run my affiliate program. So that at the very least, I email my affiliates monthly to let them know what is going on and motivate them with promotions and additional incentives.

A few things I have done well, is to have an onboarding email sequence to help my affiliates become familiar with my program and the promotion resources I offer. I also created some automations to help pull in my affiliate’s IDs so that I can include their personal affiliate links in emails I send out.

Little by little my affiliate program gets better each year, and my affiliate program’s terms and conditions help keep it running smoothly.

Additional Resources that help with running an affiliate program

These are the resources I’ve used to help me up my affiliate program game:

• My Affiliate Program Terms and Conditions Template
• Affiliate Program Management: An hour a day – Get it on Amazon
• Affiliate Program Toolkit from Zoe Linda
• Affiliate Amplify from Zoe Linda

Elizabethstapleton.com is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to Amazon.com

The post Why (and how) You Should Start an Affiliate Program appeared first on ELIZABETHSTAPLETON.COM.

To make sure you don’t put your Amazon affiliate account at risk, be sure to follow the rules provided in their Associate’s Program Policies, and Operating Agreement. 

Read on to learn the Dos and Don’ts of promoting Amazon affiliate links. And don’t forget to always have a specific disclosure on your website.

For more help growing your Amazon Income, check out Journey to the Center of Amazon by Debbie Gartner

Don’t Cloak Amazon Affiliate Links

There are many benefits to link cloaking and link shortening. It can provide cleaner links for users to click on, as well as make it easier for you to track what links and on what pages are performing best.

However, Amazon prohibits this practice. (Associates Program Participation Requirements, clause 6, subsection (v) and (w)).

If you still want an easy way to manage and track your Amazon, consider a tool that integrates with Amazon and will allow you to pull in Amazon information easily. Personally, I use Lasso – which also makes it easy to create high converting displays such as this one:

Alternatively, Thirsty Affiliates is a WordPress Plugin that will allow you to cloak all your links EXCEPT for Amazon links, with a simple checkbox in the settings. 

These tools can also help you find more opportunities to include affiliate links throughout your site with automatic keyword linking. You simply decide on the keyword you want to be linked to a certain affiliate product and they will do the heavy lifting of finding those for you.

Do Have the Specific Amazon Affiliate Disclosure

To ensure compliance, you must include the specific Amazon affiliate disclosure (Associates Program Operating Agreement, Clause 5). At the time of writing the current required disclosure is this “As an Amazon Associate I earn from qualifying purchases.”

While Amazon does require you to identify yourself as an Associate, it does not specify where on the page, simply that it must be anywhere you have shared Amazon Associate content (aka affiliate links or images). 

However, the Federal Trade Commission (FTC) requires that you have an affiliate disclosure visible before any links can be viewed/clicked. Read more about general Affiliate Disclosures here.

Because of FTC requirements, many online content creators automatically include a general affiliate disclosure at the top of each post. Including a specific Amazon disclosure as well, can seem a bit repetitive, which is why you’ll often see the Amazon Disclosure included in the footer of the site. Which combined with the general disclosure would comply with Amazon’s requirements.

If you do not include the specific Amazon Associates Disclosure, you risk being kicked out of the affiliate program and having your earnings forfeited. 

Keep in mind you must also include the disclosure statement on social media posts that share your affiliate links.

Don’t Link to Amazon Offers Outside Your Website

Have a digital product you sell? Great! But don’t link to Amazon offers inside your product, emails or offline/private means. Amazon’s Associate Program Policies specifically state you cannot include links:

• offline
• In ebooks
• In mailings
• In attachments to an email
• Other documents
• verbally

So where can you include links(with appropriate disclosures)?

• Your website (so long as the content is not behind a paywall)
• Social media posts
• Youtube video descriptions
• Note: As of March 2024, Amazon has updated their terms to say you can share your Amazon link in emails and direct messaging from your social media sites – so long as the communications are solicited – meaning the person you are messaging opted in to receive your messages.

 If you want to build trust with your readers, you should always direct them to Amazon products that are relevant to your readers’ interests and the other content on the page. Otherwise, deceptive tactics could lead to your affiliate account being banned by Amazon. So, always remember to use Amazon affiliate links responsibly!

Don’t Offer Incentives for Clicks

One rule you should follow in the world of Amazon affiliates is not to include incentives for clicks. Meaning that you can’t ask for the click or offer rewards or discounts to encourage a click. (Associates Program Policies, Clause 6, subsection (g)). Be sure to read the policies and Operating Agreement. Amazon implements these kinds of specific rules to prevent fraud and negative feedback.

Don’t Ask Friends or Family to Use Your Link

If you ask friends or family to use your Amazon affiliate links, you’re risking the termination of your associate status. In addition, associates may not purchase for themselves or for commercial use through their links. Amazon will terminate the associate’s account if they violate the rules.

Don’t ask friends or family to use your links either, somehow Amazon always knows and you could end up being kicked out of the program. Amazon is looking only for genuine purchases, not some that may be completed as a favor to you and perhaps later returned.

Do Follow the Rules to Share Amazon Links on Social Media

Following the Rules to Share Amazon Links on Social Media is crucial if you want your product to gain the most exposure possible. Shared Amazon links can attract more customers and boost your brand. However, there are some important rules you should follow to avoid violating these guidelines. Listed below are a few of the most common rules. 

• Do not ask other people to click your links – Amazon does not like this.
• You should only share affiliate links on publicly viewable discussion groups or forums.
• Sharing affiliate links on third-party groups is considered spamming. 
• Make sure to disclose your affiliation with Amazon on your posts and links to increase your audience’s trust. 
• Do not share Amazon links within private messages, private groups, or behind paywalls.
• Always ensure that your links are posted on a site that is widely accessible. 
• It is best to only post Amazon affiliate links on accounts you own or control. 
• Always use your affiliate link with a disclosure statement on your main page. This disclosure statement must also be attached to your social media posts. 

You can post your links on Facebook, in public groups, and on YouTube. But be careful not to spam other websites with Amazon affiliate links. Otherwise, you may end up getting banned from the Amazon Associates program (not to mention the group). So, follow the rules to share Amazon links on social media.

Don’t Include Products in Comparison Tables Without Also Including Both These Prices

Comparison tables can be a great way to help users decide which product may be right for them. And if your comparison table only includes products from Amazon, you’ll only need to worry about making sure the pricing reflected continues to be accurate.

However, if your comparison table includes similar products offered through some other means besides Amazon, you’re required on the Amazon Product to include both the:

• Lowest “new” product price and 
• (if it exists) the lowest “used” price

Bottom Line

The Amazon Associates Program is a great way to monetize a website, however, you don’t want to put your earnings at risk by violating the terms of the program.

As an affiliate, you earn money every time a customer makes a purchase through your link within 24 hours. But Amazon has strict rules about the placement of affiliate links on a website. Additionally, if a site doesn’t generate any sales within six months, Amazon will automatically close your account. If you’re lucky, they’ll still give you a chance to reapply.

However, it’s best to not apply to the program until you’re confident you can get the necessary sales in the first 180 days and have a plan in place to make sure you’re following the rules.

For more help growing your Amazon Income, check out Journey to the Center of Amazon by Debbie Gartner

The post Amazon Affiliates Dos and Don’ts appeared first on ELIZABETHSTAPLETON.COM.