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.

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.

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.

Legal Policies You Should Have on Your Blog

Really quickly, let’s review some of the legal policies you need to make sure you have on your website:

Privacy Policy:

Your privacy policy should explain how you collect and use information from your blog’s visitors. It should also disclose any third-party services that you use, like Google Analytics.

Terms of Use:

Your terms of use should outline the rules for using your blog. They should also explain how you handle user submissions, like comments and guest posts.

Disclosures:

If you’re using any sponsored content or affiliate links, you’ll need to disclose that information in your disclosures.

Don’t have these policies? Check out our Website Legal Templates Bundle here.

You Should Link to Legal Policies in You Footer

The best place to link to your legal policies is in your website’s footer.

Legal page links are expected in the footer, if someone is looking for it they will usually go here. Consider linking separately to your Privacy Policy, Terms, and Disclosures, rather than linking to a single “legal” page.

That way, it’s easy for visitors to find and read them.

You can also include a link to your privacy policy in your website’s header. But keep in mind that the footer is typically where most people look for legal information.

In addition to including links to your legal policies, you should also make sure that they’re easy to find on mobile devices. Many people access the internet through their phones, so it’s important to make sure your legal policies are mobile-friendly.

You Can Also Include a Legal Link in Your Menu

Another great place to include a link to your legal policies is in your website’s menu.

This way, visitors can easily find and access them from any page on your website.

Just like with the footer, you should make sure that your legal links are mobile-friendly.

You can also include a link to your privacy policy in your website’s header.

But the header is typically where most people look for branding and navigation information, so the footer is usually a better place for legal links.

Include Links to Your Legal Pages in Your Posts

You can also include links to your legal pages in your blog posts.

This is a great way to make sure that visitors see them and have easy access to them.

But remember, you should only include links to your legal pages if they’re relevant to the post.

Otherwise, you’ll may be distracting and annoying your readers.

Include links to your legal pages in Email Marketing Opt-Ins

You should also include links to your legal pages in email marketing opt-ins.

This is a great way to get permission to send your readers emails, and it’s also a good opportunity to remind them about your legal policies.

Just make sure that you only include links to relevant legal pages, and don’t overload your readers

Anytime collecting information you need to make sure they understand how you will use that information. GDPR, affirmative consent, and other global compliance laws are a perfect example of this.

Including a link to your privacy policy in your email marketing opt-in is a great way to make sure that you’re compliant with all relevant laws.

Checkout Pages

If you’re collecting payments on your website, you’ll need to include links to your legal pages on your checkout pages.

This is required by law in many countries, so it’s important to make sure that you comply with all relevant regulations.

You’ll likely also want to make sure the user is required to agree to your terms (which should include your refund policy and resolution terms if there is a disagreement), in order to complete their purchase.

Contact Forms

Another great opportunity to collect information from your website’s visitors contact pages requires consent just like anything else on your site. You’ll need to include links to your legal pages in your contact form’s submission process.

Just like with your email marketing opt-ins, you should only include links to relevant legal pages, most likely your Privacy Policy.

Cookie Consent Banner

If you’re using cookies on your website, you’ll also need to include a link to your Cookie Policy. Typically as part of a cookie banner on your site. Inside the banner, you may also want to link to your privacy policy.

Disclosures On Pages and Posts with Affiliate Links

If you have any disclosures on your website, such as those required by the FTC in the US, you’ll need to include links to your disclosure policies and legal pages.

You can usually include these disclosures automatically at the beginning of a post. Where ever you decide to include your disclosure to comply with the FTC it will need to be visible before a user can click on an affiliate link.

Learn more about affiliate disclosures here.

Learn more about blogging disclosures in general here.

Bottom Line

Including links to your legal pages on your website is a great way to make sure that visitors have easy access to them and ensure you’re complying with various laws.

Make sure you are including them whenever you collect information from a user and that your links and policies are mobile-friendly.

Get yourself covered with our Website Legal Templates Bundle today!

The post 8 Places to Link to Your Legal Pages On Your Blog appeared first on ELIZABETHSTAPLETON.COM.

But what you may not know, is that there are laws that apply to blogging and if you don’t follow them you’ll be putting your livelihood at risk.

Here are 9 blogging laws every blogger needs to obey.

1. GDPR

GDPR is a law that mandates that every company has to have adequate protection and security for their clients. Bloggers who are not complying with GDPR are subject to fines.

The GDPR is supposed to protect the data of EU citizens, but it has caused a lot of confusion among bloggers as well as companies. .

Bloggers should be aware of the regulations and abide by them in order to avoid penalties. If you need help figuring out what to do, check out our GDPR Guide for Non-EU Based Bloggers.

2. CCPA

The California Consumer Protection Act (CCPA) is a state law that specifically protects the consumers.

The CCPA law is much broader than just blogging, but this act does apply to blogs. Similar to GDPR it aims to protect consumer’s data. If you are already GDPR compliant the main thing you’ll still need to do is add a section to your Privacy Policy that explains California consumer’s rights under the CCPA.

3. CanSpam Act

The CAN-SPAM Act of 2003 is a law in the United States that sets the rules for commercial email. And if you’re using email marketing as part of your blogging strategy then you are partaking in commercial email.

The act created a set of regulations for commercial email messages, mandating that messages must contain accurate subject lines and address fields, along with an opt-out function.

It also prohibits the sending of emails with misleading subject lines, and sets out tough penalties for violators.

When someone gives you their email address to join your list, you need to make sure you’re emailing them in compliance with the CANspam act.

4. Federal Trade Commission

The FTC (Federal Trade Commission) is a governmental agency in the United States that is responsible for enforcing consumer protection, truth in advertising, and other regulation. Blogging is a form of self-publishing, which has become quite popular in recent years.

The FTC has just released a set of guidelines on blogging which bloggers need to follow –

1. Bloggers need to disclose when they have been compensated by a third-party for promoting their products or services (aka affiliate relationships)

2. They need to disclose any benefit they may have received from the company providing the product

3. The blogger needs to say when they are blogging as an expert source and when they are blogging as an everyday consumer

4. When bloggers are being compensated or given free products from a company, this needs to be specified by disclosing that fact in the post.

These disclosures are crucial in blogging. It is necessary to let the reader know that you may be biased or have a conflict of interest. Without disclosing them, your content could very well be biased and untrue.

The requirements for blog disclosures depend on which country you are in. The FTC has guidelines for what needs to be disclosed and what does not need to be disclosed. They also recommend that bloggers provide hyperlinks to sources in their blog posts, which helps the reader verify the blogger’s claims if they want to do so.

5. Copyright

Copyright is the legal protection for original literary, dramatic, musical, or artistic work.

Copyright is granted to the creator of the work and covers their intellectual property rights such as reproduction, distribution, adaptation and performance. Copyright law has changed greatly over the years and now cover many different types of media such as books, music, movies, blogs and software programs.

Copyrights are often violated on blogs and websites. And while you don’t need to register your copyright to protect your content. Registering it does provide you more avenues for seeking damages if your copyright is violated.

On the flip side you want to make sure you don’t violate another blogger’s copyright. One of the most common examples is a roundup post. If you’re going to use another blogger’s image as part of your roundup post – you need to get their permission otherwise you violate their copyright.

Related: What to Do When Your Blog Content is Stolen

6. Trademark

A trademark is a sign that identifies one person’s goods or services from those of others.

A trademark is an important asset of a business that needs to be protected. A trademark can be registered with the government of the country in which it operates. The United States Patent and Trademark Office (USPTO) has jurisdiction over trademarks in the United States and its insular territories.

Trademarks must be registered as a specific category. For example Dove soap and Dove chocolate are both called “dove” but they are very different products which is why they can both trademark that name.

Trademarks are incredibly complicated which is why if you decide you want to trademark you should hire an attorney that specializes in that area.

On the flip side, you want to make sure you’re not violating someone else’s trademark with the name you choose for your blog or product. While a search of the USPTO website won’t be completely comprehensive, it is a good place to start.

7. Disclaimers

Disclaimers are an important part of blogging. They help to make sure that the blog is taken seriously and that the blogger will not be held legally liable for any content they publish. Bloggers need to remember that disclaimers are really a form of protection.

A disclaimer is a statement in a blog post or on a website identifying by some means, typically with words or symbols, that the information contained in it is not reliable or accurate, and should not be acted on without further verification. Most commonly such disclaimers will be used as warnings about liability for areas of expertise or lack thereof in the fields of health, medicine, finance, and law.

(you’ll notice a disclaimer in the footer of this site)

8. Brazilian General Data Protection Law (LGPD)

The Brazilian General Data Protection Law was voted by the Senate of Brazil in April 2016 and it came into force in 2020, though penalties will not come into force until August 2021. This law regulates the processing of personal data in Brazil.

It’s pretty much Brazil’s version of GDPR, they are seeking to protect their citizen’s data.

9. PRO Act (Protecting the Right to Organize Act)

While not yet passed and signed into law, if your blog works with freelancers then it’s something to keep an eye on. While it’s debated whether the PRO Act would help or hurt freelancers, the argument rest on if you would still be able to hire them as freelancers or if you would have to hire them as employees.

Bottom Line

As there are so many aspect to blogging, this list of laws may not be comprehensive for where you live, but it’s a good place to start.

Blogging laws are constantly changing. Depending on the country and region, there are different laws and regulations that bloggers need to follow. However, a lot of it boils down, to don’t be shady. Write original content, give credit where credit is due, and be open and transparent with your readers.

Get your blog covered in under an hour, grab our Website Legal Templates Bundle

The post 9 Blogging Laws Every Blogger Needs to Obey appeared first on ELIZABETHSTAPLETON.COM.

But, they were all scattered everywhere across the site. I wanted to make figuring out the legal side of blogging easier so I decided to create a comprehensive guide on the topic. I should note, that as I am U.S. Based, this guide is primarily for bloggers in the United States, though it does cover some laws that apply internationally.

It includes the content I’d previously written but also some new sections, in all it covers:

• What You Need to Know About Disclosures and Disclaimers
• The CCPA – What it Means for Bloggers
• The Complete (Non-EU Based) Blogger’s Guide to GDPR
• Understanding Trademarks and Copyright
• What Bloggers Should Know About the Americans With Disabilities Act
• What to Do When Your Blog Content is Stolen
• LLCs: What They Are and How to Establish One

You can check out the full guide here. I hope it helps you better understand the legal side of blogging!

The post Bringing it All Together: The Ultimate Guide for the Legal Side of Blogging appeared first on ELIZABETHSTAPLETON.COM.

At first, you might be shocked it happened to you, but likely your next response is going to be how do I take those jerks down and get their copycat content off the web?

In this post, I’m going to break down what you should do if someone steals your blog content.

1. Take Screenshots of the Site

Before alerting anyone, in particular the site owner, make sure you take screenshots of the site as evidence.

Extensions like Full Page Screen Capture will help you take a screenshot of the entire page so you don’t have to scroll and take tons of photos.

2. Don’t Reach Out Directly Unless It Is Through An Attorney

If someone has blatantly copied your site or content, do not engage. I know it might be tempting, especially since you are likely to be angry, but don’t contact them unless it is through an attorney.

3. Find Out Who Is Hosting The Site

The next step is to determine who is hosting the site. There are various websites you can use to do this.

Hosting companies don’t want legal issues and will often take the site down quickly. Here are a few sites to help you determine who is hosting your site:

• https://www.whoishostingthis.com
• https://hostingchecker.com/

4. File a DCMA Takedown Notice

DMCA stands for Digital Millennium Copyright Act and helps to protect the copyright of digital works, like blogs. Filing a DMCA takedown notice is simply the act of notifying a hosting provider, search engine, or other site owner that content they are hosting is infringing on your copyright. 

If you’re looking for a template letter, Sara F. Hawkins, an attorney has an example on her site.

5. Follow Up

If you don’t hear anything right away and the offending content remains, follow up. Keep following up consistently until the content is removed. I’ve seen people mention that it can sometimes take months. So keep following up and don’t drop it.

6. Pursue All Avenues

Ashley from Budgets Made Easy had her entire site copied and had trouble getting the offending site taken down, but she was able to ensure it wasn’t showing up in Google. Here is what she had to say:

I had my entire site copied and it was a huge hassle to get it taken down. I don’t think that it even was taken down but it is no longer found in Google. I kept contacting their host but then the contact info was through another layer of info. I finally contacted Google and filed a DCMA takedown with them and now that site isn’t found in Google.

Ashley Patrick – Budgets Made Easy

Additional Resources:

Reporting DMCA to Google: https://support.google.com/legal/troubleshooter/

Similarly if someone has stolen your Pin on Pinterest, Lena Gott of What Mommy Does has a great article on how to get the stolen pin taken down.

Bottom Line

It absolutely sucks to have the content you worked hard on stolen, but you aren’t helpless. While it may be a pain, there are steps you can take to have the content taken down and removed from Google. 

Before lashing out at the site owner, be sure to collect evidence in the form of screenshots. Then find out who is hosting the site and file a DMCA take down notice and be sure to follow up.

The post What to Do When Your Blog Content is Stolen appeared first on ELIZABETHSTAPLETON.COM.

Making money on the side does you no good if you lose your main source of income because of it. Which is why it’s important to be aware of what you can and can’t do for work outside your 9-5.

When I worked at a law firm, I used to do a lot of business formation work which often involved setting the rules for employees.

So if you’re blogging on the side to your full-time job, listen up!

While I am an attorney, I am not your attorney and nothing on this website or downloads available are to be construed as creating an attorney-client relationship. Additionally, nothing in this site or resources made available are to be considered legal advice. The author is not liable for any losses or damages related to actions or failure to act related to the content in this website. If you need specific legal advice consult with an attorney who specializes in your subject matter and jurisdiction.

1. You May Not Be Able to Do The Same Kind Of Work On the Side Because of a Non-Compete Clause

Non-competes are extremely common in employment contracts.

What is a Non-Compete Clause?

A non compete clause in an employment contract means you are not allowed to provide a service or work in a job that competes with the company you currently work for. It definitely applies while you still work for the company but it can also continue to apply after you’ve left the company.

However, don’t think that just because there’s a non compete in your contract that for the rest of your life will never be able to work in that industry. For a non-compete clause to be valid they need to be time-bound and reasonable.

For example, when I worked at my old 9 to 5 I had a non compete in my contract even though I was an at-will employee. It stated that I couldn’t work for a competitor for a year after I stopped working at that current company.

When after 4 years I was laid off, they offered to waive the non compete. That way I could go to work for the other competitors if I wanted since I wasn’t choosing to leave, they were.

For example, if you’re a graphic designer by day for your full-time job and you decide to pick up some clients on the side then you could potentially be violating your non-compete. This could put your 9 to 5 job at risk as well as your side hustle.

Where to look for a Non-Compete Clause:

A non-competition clause is included in the employee contract you signed. You may not even remember signing it depending on your job. Though you should go back and look at your employment contract and see if there is a non-competition clause included. It’s typically titled, “non compete”.

What could happen if you violate your non-compete clause?

You could lose your job and put your side hustle in jeopardy. The company could sue you for violating the contract. So not only could you be out of a job but you could be responsible for damages.

2. Chances Are It’s Not Okay To Steal Clients Or Employees Due To A Non Solicitation Clause

It seems obvious, but in practice, it may not be. After all, you likely built relationships with clients and vendors, so why wouldn’t you talk to them about the services you offer outside of work?

What is a Non-Solicitation Clause?

Non-Solicitation means you’re not going to steal your company’s clients or employees. If you’re working on the side and then decide to take it full time you can’t take the company’s clients and employees with you. This is more common in some industries than in others.

Where to look for a non-solicitation clause:

Again if there’s a non-solicitation clause attached to your job, it’ll be found in your employment contract. I cannot stress enough how important it is to reader employment contract before you sign it but especially if you’re looking to start a side hustle.

What could happen if you violate a non-solicitation clause?

If it’s an enforceable non-solicitation agreement the requirements of which can vary (this is why it’s important to talk to an attorney where you’re located) then you’ll likely first receive a cease and desist letter. However, you could face additional legal action.

3. You Can’t Go Spilling Work Secrets

You may not realize just how much confidential information you encounter at work, but it’s pretty common.

What is a Non-Disclosure Agreement?

A non-disclosure agreement is often referred to as an NDA. It is about keeping confidential information that is shared with you in the process of doing some kind of work, confidential. 

For example, many times actors have to sign NDAs as part of their contracts so that they don’t reveal the plot of the show or movie. They likely even have to sign an NDA when they get the script, before being hired. 

You might be wondering how this could apply to a side hustle?

Well you can’t use confidential information you learn at work in your side hustle. For example, maybe you are a blogger and you work for a retail company. You can’t let your email list know about an upcoming sale that hasn’t been announced publicly. 

Where to look for a non-disclosure agreement?

An NDA is usually included in employment contracts but it could be a separate document. 

What could happen if you violate an NDA?

Your employer could sue you for damages based on your breaking the agreement.

Continuing with our actor example, if anyone in the Game of Thrones cast had spilled the beans before the final season, many people may not have bothered to watch or even subscribe to HBO. HBO could go after those actors for money they lost.

Bottom Line

As you can see, there are several different issues that can come up when you side hustle in addition to your full-time job. 

Some are easy to overcome or avoid like non-solicitation and non-disclosure, but others, like non-compete clauses, should be paid close attention to.

Did you know about these issues? Let me know in the comments!

Related: What to Do After You’ve Officially Launched Your Business

The post Side Hustling With A Full-Time Job – 3 Legal Issues to Be Aware Of appeared first on ELIZABETHSTAPLETON.COM.

After enough cringing, I decided I needed to do something about it because there was just way too much false information out there.

So I started focusing on how I (a lawyer) could help educate bloggers and online business owners to understand the legal issues associated with blogging.

I started speaking in person at conferences and presenting at virtual summits, I held webinars (and still do) and the feedback was great!

However, being knowledgeable about the topic only got bloggers and business owners so far….

They needed to take action and not all of them were at the point in their business where they could afford to hire an attorney or law firm to create customized policies for their site….. (by the way if you can afford it, do it!)

That’s when I put together some legal templates to help bloggers and business owners start taking action to protect their blog and business.

And now I’m doing a giveaway so one lucky winner gets them for free! They include a:

• Privacy Policy Template
• Terms & Conditions Template
• Disclosures/Disclaimers Template
• Affiliate Terms & Conditions Template

As well as, GDPR Step by Step my course designed to help you get your site and email list GDPR compliant.

Want a chance to win? Enter the giveaway below:

[giveaway id=12522]

The post The Importance of Protecting Your Blog or Online Business appeared first on ELIZABETHSTAPLETON.COM.

I’m sure you’ll agree that you didn’t get into blogging because you wanted to deal with a whole bunch of legal issues….

But unfortunately, there is some legal stuff you’ve got to take care of to both comply with various laws and protect your blog/business or self from liability.

In this post, I’m going to break down the two essential things every blogger needs to blog legally.

I’ve also got a bonus third thing you need if you’re selling your own products.

Before we dig in, a disclaimer:

While I am an attorney, I am not your attorney and nothing on this website or downloads available are to be construed as creating an attorney-client relationship. Additionally, nothing in this site or resources made available are to be considered legal advice. Content and resource provided on this site are meant for educational and informational purposes only. The author is not liable for any losses or damages related to actions or failure to act related to the content in this website. If you need specific legal advice, consult with an attorney who specializes in your subject matter and jurisdiction.

Now, let’s dig in…

A Privacy Policy

GDPR or the General Data Protection Regulation (which you can read all about in my guide, here) requires sites to have a privacy policy.

Even if you want to ignore GDPR, there are similarly strict laws in some states that have the same requirement.

Essentially, a privacy policy explains to users what data you collect, how you use that data and why you collect that information.

You may think, you don’t collect any information. However, even if you just use google analytics or allow comments on your site, you are collecting information.

Other examples of when you collect information is:

• a contact form,
• email sign up forms, or
• advertising pixels, like using a Facebook Pixel for ads.

If you plan to make any money with your blog then chances are you’re collecting information and NEED a Privacy Policy to help protect yourself from lawsuits and legal liability.

Disclaimers and Disclosures

Disclaimers are important because they limit your liability on the content you create. This can be especially important depending on what niche you’re in, for example, if you write about health or money.

A disclaimer lets your readers know that the information you’re providing is for informational and educational purposes only and what sort of qualifications you do or don’t have to write in this area.

Other disclaimers are important if you share income reports or testimonials because you’ll need to make clear that you cannot guarantee that someone else will have the exact same results.

For example, for coaches and entrepreneurs who offer services or use testimonials or case studies.

Other important disclaimers that bloggers must have is a disclosure about affiliate links on their site. This is required by the FTC (Federal Trade Commission). Failure to do so can not only get you kicked out of affiliate programs but also result in the loss of your earnings.

If you want to be able to keep the money or products you earn from affiliate marketing you need to disclose your relationship.

Bonus: Terms & Conditions

You know the saying, “My house, my rules”? Well terms and conditions are your set of rules for people using your site and products.

It’s letting them know what is and isn’t allowed. Whether they are just visiting your site or if they purchased something.

Things you’ll likely need to decide on what “your rules” are, such as:

• your refund policy,
• if people can purchase your products for personal or commercial use, and
• what behavior you allow in a forum or comment thread.

It’s important to limit your liability for any errors or inaccuracies on your website and explain your refund policies, intellectual property rights, and your ability to terminate use of your website for any abuses at your own discretion….

Terms and conditions allow you to do all of that. Terms and Conditions also outlines what jurisdiction applies and what type of dispute resolution is available, should someone take issue with something you did.

Where to Get These Three Essential Things

There are a few different ways you can get these things…

The first is to do a bunch of research and figure out what all needs to go into them. My 10 Thing You Need on Your “Legal Page” Checklist can help with that, but it would likely take up a lot of your time.

The second would be to search for free templates. The problem with free templates is that they are free for a reason and they likely weren’t written by an attorney. They also likely don’t include everything you need to protect your blog and business.

The third and most cost-effective way would be to purchase templates from an actual attorney who knows their stuff. That way you’re getting templates written by an attorney without having to pay for an attorney to actually customize them.

You just take 30 minutes or so to read through and customize the templates.

The fourth and final way would be to hire an attorney to draft these documents for you. If you can afford to do so, do it. If not then I’d recommend getting templates from an attorney.

Where to Find Templates Written By an Attorney

Well the first place I would recommend is my website, I am an attorney and I’ve spoken on the topic legally protecting your blog at conferences and virtual summits.

I sell a bundle that includes a Privacy Policy, Terms & Conditions, and Disclaimers. It also comes with some sweet bonuses, check it out:

Website Legal Templates

If you want to learn more about the templates I offer, you can do so here.

Bottom Line

No matter where you get your templates from or if you decide to total DIY it in which case you should absolutely grab my free checklist of 10 things to have on your site’s Legal Page, you absolutely need to have a privacy policy and disclaimers on your site. If you sell products then you should have terms & conditions as well.

I hope this post helped you to understand the importance of such policies and if you have any questions, just let me know in the comments!

The post The Two Essential Things You Need to Legally Protect Your Blog appeared first on ELIZABETHSTAPLETON.COM.

To further separate you and your business you will likely want to open a business banking account. To open a business account you’re going to need an Employer Identification Number. Also known as an EIN. (It’s okay if you are only employing yourself)

Getting an EIN

An EIN is the business equivalent of a social security number. Before you get intimidated at the prospect of applying for and getting an EIN, know that it’s actually pretty simple and easy.

First, you’ll need to go to the IRS website to apply. 

It takes about 15 minutes to complete the process and you will not be able to save information and go back. So make sure you have the time to do the entire application when you start. 

You will need to know the name of your business and the type of entity. If you have already established your business this won’t be a problem. 

If you need an EIN to file your organizing papers with the state, make sure the name you want to use is available in your state. You may want to consider reserving the name to ensure it doesn’t get taken. Especially, if it will be a while before you actually file your organizing paperwork.. That way the business name for your EIN and legal entity registered with the state will match. 

Once you have all your information gathered, the website walks you through step by step of the application. At the end you will be given your EIN. 

It will look something like this: 12-3456789

Opening a Business Checking Account

Depending on the bank you may be able to open a business checking account online but it’s easiest to be able to go to a branch to open up the account. 

Determining what business checking account will be right for you is going to depend on where you’re at with your business and in what direction you’re headed. Just remember that if you outgrow this account you can always move on, very little in business is permanent. 

When you go to the bank to open the account you will need your EIN and proof of the business. The bank can typically look up proof of your approved business entity on the Secretary of State website or you can print out the approved articles of organization (or articles of incorporation depending on your entity) and take them with you. 

The bank will likely also ask for your personal social security number to ensure you are creditworthy, particularly if your business doesn’t have a credit history. In just 20-30 minutes you should be able to leave the bank with a business checking account.

Bottom Line – There is More to Do After You’ve Launched Your Business

In total, how long it takes you to go from regular person to business entity owner with a business checking account and EIN, will most likely depend on how long it takes your Secretary of State to approve your entity. It could be weeks or just a day. After that it will likely take less than a day to get your EIN and open a business banking account.

Personally, I was able to submit and get my LLC approved in less than a day (submitted on Thursday, approved on Friday). That afternoon, I got my EIN and business banking account. By the end of Friday I was a business ready to do business. Yup, it’s possible to have launched your business in just a day. 

Have you separated yourself from you business, financially? Let me know in the comments!

The post What to Do After You Have Officially Launched Your Business appeared first on ELIZABETHSTAPLETON.COM.