Is It Possible Your Business Website Is Illegal? Here’s What You Need To Know

 
Woman on sofa with her laptop resting on her legs, casually dressed in a turmeric-coloured jumper which is in contrast to her black sofa, jeans, sneakers and interior to represent the ominous fact that her website could be breaking the law.
 
 

Imagine this, you’ve been ticking along in business for a couple of years or more, building a solid foundation a strong reputation within your field. You’re excited, driven, and ready to uplevel in order to attract new clients.

But as the weeks go by, you start to wonder if everything is as polished as it could be. Suddenly, you hear about a small business owner like yourself facing hefty fines for a website issue they didn’t even know existed—privacy compliance. You pause and think: Could my website be at risk too?

Many small business owners don’t realize it, but without the right legal policies in place, your website might actually be breaking the law.

Privacy laws exist to protect online visitors, and failing to comply isn’t just a small oversight—it could lead to fines, legal trouble, or even the loss of your customers' trust. In fact, a 2022 survey by Cisco revealed that 90% of consumers say they are unlikely to do business with a company that doesn’t protect their data (source: Cisco Data Privacy Benchmark Study).


Now, let me be clear—I’m not here to make assumptions, I’m certainly not a lawyer, and this is not legal advice. I’m a web designer who works with small businesses. Many clients assume that if they’re running a small site or aren’t collecting “sensitive” data, they don’t need to worry about privacy policies or terms. But that’s a huge misconception.

If you’ve ever thought your small business was “too small” to need these policies, think again. Compliance isn’t just for massive corporations—it applies to everyone.

Below, I’ll walk you through the three essential policies every website needs to stay compliant, protect your business, and build trust with your audience.


1. Privacy Policy: Protect Your Customers and Build Trust

 
A hand holding a mobile phone with a blurred document displayed in the screen. Propped up against a desktop is a ‘Privacy Policy’ document with ticked check boxes.
 

A Privacy Policy isn’t just a box to check—it’s a legal requirement in many parts of the world. If your website collects any kind of personal information, you’re required to disclose what you collect, how you use it, and with whom you share it.

Here are some common ways you may be collecting data without realizing it:

  • Email Opt-Ins: Are you collecting email addresses for newsletters or updates?

  • Online Payments: Are your customers entering payment information?

  • Tracking Tools: Are you using Google Analytics or Facebook Pixel to monitor visitor behavior?

Laws like the GDPR (General Data Protection Regulation) in Europe and the CCPA (California Consumer Privacy Act) in California make it mandatory to disclose how you handle visitor data. These regulations are spreading globally, and the consequences for non-compliance can be serious. Fines under GDPR, for instance, can reach up to €20 million or 4% of annual revenue—whichever is higher (source: gdpr.eu).

A Privacy Policy isn’t just about avoiding penalties; it’s also about building trust. When visitors know their data is safe with you, they’re more likely to stick around and engage with your business.


2. Cookie Consent: A Small Popup with Big Implications

 
A large chocolate cookie resting on a spatula with some crumbs falling off onto a wooden worktop, with the words for the third paragraph regarding cookie consent written above the cookie.
 

Love them or hate them, cookie consent banners are required by law for many websites. Cookies are small bits of data that track user behaviour, and privacy laws now require websites to disclose this tracking and allow users to opt-in or opt-out of non-essential cookies.

While this may feel like an inconvenience, it’s an important step toward respecting your visitors’ privacy. Plus, it’s an opportunity to show your audience that you care about protecting their data. Studies show that 84% of consumers are more loyal to companies with strong privacy practices (source: Cisco Data Privacy Benchmark Study).

Adding a cookie consent tool to your website isn’t just about compliance—it’s about creating a positive first impression. Visitors who see that you’re transparent and ethical about data usage are more likely to trust you, engage with your brand, and become long-term clients.


3. Terms and Conditions: Set Boundaries and Protect Your Business

 
 

While a Privacy Policy and Cookie Consent focus on data, Terms and Conditions define the rules of engagement for your website. Think of this as a contract between you and your visitors. This document can protect your business in several ways:

  • Intellectual Property: Clearly state that your content, logos, and designs cannot be copied or used without permission.

  • User Conduct: Prohibit behaviours like spamming, harassment, or attempts to breach your site’s security.

  • Limitation of Liability: Protect yourself by limiting your responsibility if users misinterpret information or experience technical issues.

Terms and Conditions may not be legally required like a Privacy Policy, but they are incredibly valuable for managing expectations and safeguarding your business. Plus, they add a layer of professionalism to your website, showing visitors that you take your work seriously.


Why Legal Compliance Matters for Your Website?

Your website isn’t just an online placeholder—it’s your digital storefront, your 24/7 salesperson, and your brand ambassador. Legal compliance isn’t a burden; it’s an opportunity to strengthen your business’s foundation, earn your audience’s trust, and protect yourself from unnecessary risks.

At Certainly Nat, we specialize in creating websites that reflect your brand’s success whilst recommending trusted privacy policies resources — so you can focus on what you do best.

Don’t leave your website exposed to legal risks. Take the first step toward compliance by addressing your Privacy Policy, Cookie Consent, and Terms and Conditions.

If your website feels tired and outdated, or if you’re overwhelmed by the thought of a redesign, we’ve got you covered!

Book a free consult or request a Website Critique. Together, we’ll identify any gaps in your current setup and ensure your website reflects your business's unique success and vision.


Are you ready to take your website to the next level and create a lasting connection with your audience?

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AI and legal Disclaimer: This content has been algorithmically generated by an AI model trained on a diverse range of data. While efforts have been made to ensure the quality and reliability of the content, there may be limitations, inaccuracies, or biases present. The content should not be considered as a substitute for professional legal advice, and we recommend consulting with appropriate experts or sources for specific information or guidance. We assume no responsibility for any consequences arising from the use of this content.


About Your Blogger, Certainly Nat

I know how overwhelming a website redesign can feel. That’s why I tell your Brand Story using Squarespace so you have a website that reflect your brand’s success while keeping the process smooth and stress-free. With a clear, streamlined design process, I’ll help you build a stunning site that looks great and drives business growth.

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