Website Related Legal Risks
• 05 Aug 25
“Your website is your shopfront to the world - but every click comes with a legal risk.” - Matt Glynn
Introduction
Every startup needs a website - whether it’s selling goods and services directly, or simply showcasing your brand. But running a website creates a long list of legal, commercial, and compliance risks that founders often underestimate.
Use this 40-point checklist to quickly identify whether your website is a growth asset or a liability waiting to happen.
40-Point Website Risk Checklist
Domain Ownership: Is your domain properly registered in your name/company?
Hosting Contract: Do you understand your hosting provider’s terms?
SSL Certificate: Does your site run on secure HTTPS?
Terms of Use: Do you have enforceable website terms?
Acceptance Mechanism: Can you prove users accepted your terms?
Jurisdiction: Do your terms specify governing law and dispute resolution?
Sales Terms: If selling online, are your terms of sale clear and compliant?
Refund Policy: Do you provide compliant refund and return rights?
Consumer Law: Are consumer disclosures in line with applicable laws?
Privacy Policy: Is your privacy policy legally compliant and accessible?
Cookie Notice: Do you properly inform users about cookies/tracking?
Consent Management: Do you obtain valid user consent for data use?
Data Protection: Do you comply with GDPR/PDPA/DIFC rules where relevant?
Data Storage: Do you know where personal data is hosted (jurisdiction)?
Data Breach Plan: Do you have an incident notification process?
IP Ownership: Do you own the content, images, and code on your site?
Third-Party Rights: Do you have licences for external materials used?
Trademark Use: Is your branding protected and not infringing others?
Advertising Rules: Are any claims on your site substantiated and legal?
Comparative Ads: Are competitor references compliant with advertising law?
Affiliate Links: Do you disclose affiliate relationships properly?
Accessibility: Is your site designed to meet accessibility standards?
Age Controls: Do you have age verification if content requires it?
User Content: Do you moderate user reviews/comments on your site?
Payment Gateway: Are your payment providers PCI-DSS compliant?
Currency Display: Is pricing transparent and accurate for all markets?
Tax Handling: Does your site apply correct VAT/GST where required?
Cybersecurity: Have you tested your site for vulnerabilities?
Malware Protection: Do you have monitoring to prevent injections/attacks?
Insurance Cover: Do you hold cyber or business interruption insurance?
Linking Policy: Do you disclaim liability for external links?
Third-Party Plug-Ins: Are plug-ins/themes legally licensed and maintained?
Open Source Use: Are open source elements tracked for licence compliance?
Cross-Border Reach: Do you know which countries’ laws your site triggers?
Sanction Screening: Are you screening against restricted/sanctioned buyers?
Regulated Activities: Are you aware if your industry is regulated online?
Ongoing Review: Do you refresh site compliance annually?
Legal Access: Do you have quick access to legal advice for issues?
How GLS Can Help You
By building your own legal team on the GLS platform you will be able to:
◼️Draft enforceable terms of use and online sales agreements.
◼️Put in place privacy policies and cookie notices that meet global standards.
◼️Review payment gateway and hosting contracts.
◼️Ensure compliance with consumer law where B2C applies.
◼️Protect your intellectual property and branding online.
◼️Support with cross-border compliance when selling internationally.
◼️Provide cybersecurity legal coverage with third-party vendors.
◼️Deliver rapid red flag reviews for urgent website launches.
By establishing your legal team with GLS, you’ll turn legal from a cost centre into a growth enabler.
Observation and Tips
- Websites Automatically Trigger Multiple Legal Obligations: Even basic websites can create legal exposure once they collect user data, use cookies, or provide services online.
- Privacy Policies Are Often Mandatory When Collecting Data: If a website collects emails, analytics data, or user information, a clear privacy policy explaining data usage becomes essential.
- Cookie Usage Creates Additional Compliance Requirements: Many websites use tracking tools, analytics scripts, or third-party widgets that place cookies, requiring disclosure and consent mechanisms in many jurisdictions.
- Terms & Conditions Define the Rules of Website Use: They set out user rights, restrictions, disclaimers, liability limits, and ownership of content, helping protect the business legally.
- Intellectual Property Protection Is Frequently Overlooked: Website content, branding, software, and design elements should be protected to prevent unauthorised copying or misuse.
- Third-Party Integrations Create Additional Risk Exposure: Payments, analytics tools, plugins, and embedded services can introduce compliance and liability risks depending on how data is processed.
- User-Generated Content Increases Legal Responsibility: Platforms allowing comments, uploads, or reviews must manage defamation risk, moderation obligations, and content liability exposure.
- Jurisdiction and Governing Law Clauses Matter: Legal disputes depend heavily on which country’s laws apply, making contractual clarity important for enforcement.
- Weak or Missing Legal Pages Can Block Growth: Investors, enterprise customers, and partners often expect proper legal documentation before engaging with a digital business.
- Website Compliance Is a Continuous Requirement: Legal obligations evolve with new features, integrations, and regulations, requiring periodic updates rather than one-time drafting.
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