Business Website Compliance
- Nathan Harding
- Jul 30
- 5 min read
Building Your Business Website: The Legal Foundations You Can't Afford to Skip
Your website is often the first impression potential customers have of your business. But while you're focused on design, user experience, and driving traffic, there are critical legal protections working behind the scenes that could save your business thousands of dollars and countless headaches down the road.
As someone who works with small businesses and solo attorneys daily, I've seen too many entrepreneurs launch beautiful websites that are legal time bombs waiting to explode. The good news? Most website compliance issues are entirely preventable with the right approach from day one.
Why Website Compliance Matters More Than You Think
Before diving into specific requirements, let's address the elephant in the room: "My business is small – do I really need all this legal stuff?"
The short answer is yes, and here's why. Your website operates 24/7, potentially reaching customers across state lines and even internationally. Every visitor interaction creates potential legal exposure. A single complaint, data breach, or accessibility issue can trigger investigations, lawsuits, or regulatory penalties that far exceed the cost of proper compliance.
I've worked with clients who thought they could "add the legal stuff later" only to face demand letters, regulatory notices, or worse – situations that could have been prevented with a few hundred dollars of upfront legal work instead of thousands in reactive damage control.
Essential Legal Documents: Your Website's Defense System
Terms of Service: Your Digital Contract
Think of Terms of Service as the rulebook for how people can use your website. This isn't just legal boilerplate – it's a binding contract that protects your business interests.
Key elements your Terms of Service should address:
User behavior and prohibited activities – What happens if someone misuses your content or tries to hack your site?
Intellectual property rights – Who owns the content, and how can visitors use it?
Limitation of liability – What's your responsibility if something goes wrong?
Dispute resolution – Where and how will legal disagreements be handled?
Termination rights – Under what circumstances can you restrict access?
Red flag to watch for: Generic templates that don't match your specific business model. A consulting firm's terms will look very different from an e-commerce store's terms. Make sure yours actually fit what your business does.
Privacy Policy: More Than Just GDPR Compliance
Privacy policies have evolved far beyond simple disclosure documents. They're now complex legal requirements that vary by state, industry, and the type of data you collect.
Critical areas your privacy policy must cover:
Data collection practices – What information do you gather, and how?
Third-party integrations – Every plugin, analytics tool, and chatbot potentially collects data
User rights – Particularly important for California residents under CCPA and Virginia residents under VCDPA
International considerations – GDPR applies even to small US businesses if they have EU visitors
Data security measures – How do you protect the information you collect?
Red flag to watch for: Policies that don't match your actual practices. If your privacy policy says you don't use cookies, but Google Analytics is running on every page, you have a compliance problem.
Beyond the Basics: Industry-Specific Considerations
For Professional Services (Including Fellow Attorneys)
If you're providing professional services, your website compliance needs go deeper:
Advertising regulations – Legal and medical professionals face strict rules about claims and testimonials
Jurisdiction disclaimers – Where are you licensed to practice, and where can you provide services?
Professional liability considerations – How do you handle inquiries that might create attorney-client relationships?
For E-commerce Businesses
Selling products online triggers additional requirements:
Refund and return policies – These need legal backing, not just customer service guidelines
Shipping and delivery terms – What happens when packages go missing?
Product liability disclosures – Especially critical for health, beauty, or children's products
Sales tax compliance – The rules changed dramatically after the Wayfair decision
The Technical Side: Accessibility and Security
ADA Compliance: Not Optional
Website accessibility isn't just good practice – it's increasingly a legal requirement. The number of ADA lawsuits targeting websites has exploded in recent years, with small businesses frequently targeted.
Essential accessibility features:
Alt text for images
Keyboard navigation capability
Screen reader compatibility
Proper color contrast ratios
Captioned videos
Data Security: Your First Line of Defense
A data breach can destroy a small business overnight. Basic security measures should include:
SSL certificates (that's the "https" in your URL)
Regular software updates
Secure hosting environments
Regular backups
Limited admin access
Red Flags That Signal Compliance Problems
When reviewing your website (or having it reviewed), watch for these warning signs:
Copy-paste legal documents – If your terms of service mention services you don't offer or states where you don't operate, they're not protecting you
Missing contact information – Some states require specific business information to be displayed
Unclear data practices – If you can't explain exactly what data you collect and why, neither can your privacy policy
Broken or missing links – Legal documents buried in your site footer don't help if visitors can't find them
Industry-specific oversights – Healthcare, finance, and legal websites have additional compliance requirements that general templates miss
The Cost of Getting It Wrong
I've seen small businesses face:
$10,000+ in ADA lawsuit settlements
$5,000+ in state attorney general fines for privacy violations
Months of lost revenue during regulatory investigations
Destroyed business relationships due to IP disputes that proper terms could have prevented
Building Compliance Into Your Website Process
The most cost-effective approach is building legal compliance into your website development process, not bolting it on afterward. Here's how:
During planning: Identify what data you'll collect and how you'll use it During development: Ensure accessibility features are built in, not added later Before launch: Have legal documents drafted for your specific business model After launch: Regular compliance audits to catch issues before they become problems
Working With Your Development Team
Many web developers focus on functionality and design but may not understand legal requirements. When working with developers:
Ask specifically about ADA compliance features
Ensure they understand your data collection needs
Request SSL certificates and security measures upfront
Plan for legal document integration from the beginning
The Bottom Line
Your website is a powerful business tool, but it's also a potential source of legal exposure. The businesses that thrive are those that view compliance not as an afterthought, but as a competitive advantage. When customers trust that you handle their data responsibly and operate professionally, they're more likely to do business with you.
Don't let your website become a legal liability. The cost of prevention is always less than the cost of problems down the road.
Ready to ensure your website is properly protected? At Somnium Advisory, we help small businesses and solo attorneys build legal foundations that support growth rather than create obstacles. Contact us to discuss how we can integrate website compliance into your broader business strategy – because your focus should be on running your business, not worrying about legal pitfalls.
Disclaimer: this article is for informational, educational, and promotional purposes. It does not constituent legal or tax advice, nor creates any attorney client privilege.
Written by Nathan Harding, July 30, 2025. Nathan is a small business owner and attorney practicing in Massachusetts with a wealth of experience in the small business and self employed space. He has over ten years of experience in government, education, military and startups.
