Having the right website legal documents is crucial if you want your business to stay compliant with UK data protection laws.
While the look and feel of your site might be the focus when going live, it's easy to overlook the legal framework you need behind the scenes. Whether you’re selling products, offering services, or simply showcasing your brand, your website likely collects personal data – even if you're not asking users to sign up for anything. If you track visitors or use cookies, you need to be transparent and compliant.
From privacy policies to cookie notices and terms of use, having the correct documentation in place protects both your business and your customers. Our data protection solicitors can help you identify precisely what your business needs, draft bespoke website policies tailored to your model, and ensure your site meets all regulatory obligations under UK General Data Protection Regulation (UK GDPR), the Privacy and Electronic Communications (EC Directive) Regulations (PECR) 2003, and upcoming changes like the Data Use and Access Act (DUAA) 2025.
Contents:
Privacy policy
It’s important to understand that one size doesn’t fit all. Many are misled into thinking that another company’s privacy policy can be copied and pasted for your business, as it sells the same kind of stuff. Still, your business may collect more or less personal data. It could potentially be sent to different processors in different jurisdictions, thus rendering your copy-pasted privacy policy pointless and unfit for purpose.
A privacy policy is a statement that explains to your website visitors and customers what data you collect, why you collect it, and how you use it. It must also indicate whether the data is shared with third parties and what measures are taken to keep that data safe, including how to draft a compliant privacy policy.
Cookie banner and cookie policy
Cookies and similar technologies personalise a visitor's online experience by helping the website understand how visitors use its services. This is done by tracking activity from the visitor's website usage. As cookies collect, record, and share information about website visitors and their devices, it's only right that the visitors know this, as well as a legal requirement.
A cookie policy is a legal requirement under the UK General Data Protection Regulation (UK GDPR) and the Privacy and Electronic Communications (EC Directive) Regulations (PECR) 2003. These regulations require websites to be transparent about what personal data is being processed and give individuals privacy rights in relation to electronic communications. Unbeknownst to some, websites use cookies to track visitors, so it’s essential to inform them that tracking takes place.
To comply with data privacy laws, a consent banner should be displayed on the website upon the visitor's first visit, asking for consent before deploying certain cookies. It must have a button to allow the visitor to either accept or reject cookies. The point of the banner is to alert visitors that the website uses cookies and to provide them with the option to opt in, as well as to read further by clicking on the link to the cookie policy. By clicking 'reject', only the strictly necessary cookies are deployed and used by the website to ensure it functions properly. These types of cookies don’t collect any personally identifiable data, nor do they track browsing habits, and you can better understand how cookies function by exploring how they work in practice.
Website terms of use and acceptable use policy
This document outlines how visitors can access and use your website. It includes information on the website, disclaimers for information published on the website, and details on how the information may be shared and used.
The terms may also contain information around unacceptable use, such as hacking, uploading inappropriate or illegal information and the like. Essentially, website terms are a contract between the website owner and its visitors, protecting the owner against content theft, preventing potential copyright or ownership disputes, and allowing you to have full control over your website operations. It can also protect the website owner against technical issues with the website, such as if the usage of your website causes a virus on the visitor's computer.
Terms and conditions for the provision of services
If you are providing goods or services, then you will need terms and conditions that comply with legal requirements. Such terms would include disclaimers that limit liability in the event a customer raises a legal dispute. Without proper terms, you risk unlimited liability to customers. They protect both parties involved in a transaction and outline the rights and obligations of each party. These are essentially the contractual arrangements between you and your customer and will be referenced in any legal dispute.
We strongly advise that you get these legal documents drafted or at least checked by a solicitor so you are protected in case of any fallback or liability.
Legal documents tailored to your website
There’s no universal template for website compliance. The documents you need depend on your business model, your data processing activities and how you engage with visitors online. Generic templates won’t give you the protection or credibility you need, especially when it comes to privacy and data handling.
Our data protection solicitors can review your website’s legal position and implement robust, tailored documentation that protects your business, limits your liability, and ensures full compliance with data protection laws. Get in touch to ensure your online presence is legally sound from day one.
