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Creating a website for your business is half the battle. But have you ever wondered if you can use someone else’s photos without permission? What data of website visitors can be collected and what cannot? How to avoid getting a fine of several thousand dollars for an innocent violation? And most importantly, does your online platform comply with all legal regulations?
The answers to these questions depend on the country in which you operate or the territory in which your resource is active. Laws in different countries regulate the creation and promotion of websites in different ways, and to avoid problems, you should know the basic requirements. Let’s find out what laws regulate online business in Europe, the USA, and Ukraine, and how to comply with them.
Legal requirements for websites in the EU
Europe takes online business issues very seriously. If your website interacts with European users in any way, congratulations, you are subject to the GDPR. General Data Protection Regulation is a general data protection regulation that has been in effect since 2018. It requires websites to obtain user consent to collect data, provide an opportunity to delete information, and report data breaches.
What you need to know about GDPR:
- Privacy policy. Your website must inform users what data is collected, how it is used, and who has access to it.
- Consent to data processing. The “I agree” button in the cookie banner must be voluntary. No “You automatically agree if you use the site”.
- The right to be forgotten. Users can request deletion of their data, and you are obliged to do so.
Fines for violating the GDPR are up to 20 million euros or 4% of the company’s annual turnover (whichever is greater). In 2021, Amazon received a fine of 746 million euros, and Meta (Facebook) — 1.2 billion euros in 2023.
Peculiarities of regulation in the USA
Everything is more chaotic in America because there is no single federal law like the GDPR. It all depends on the state.
- The California Consumer Privacy Act (CCPA) is the California analogue of the GDPR. If your website has more than 50,000 users per year or annual revenue exceeds $25 million, you need to comply with the CCPA.
- Children’s Online Privacy Protection Act (COPPA) is a law that regulates the collection of data about children under 13.
- CAN-SPAM Act — regulates email marketing and newsletters, requiring that users can easily unsubscribe from emails and companies provide their real address.
- Digital Millennium Copyright Act (DMCA) — copyright protection in the digital space.
It is worth noting that the US actively regulates copyright. Using someone else’s images, texts, or videos without permission is a direct path to DMCA complaints and possible lawsuits.
Another feature of the United States is patent law. If you have a unique feature on your website (for example, a non-standard ordering technology), it can be patented by competitors.
How Ukrainian legislation protects personal data
Ukraine has a Law on Personal Data Protection that regulates the operation of websites that collect visitor data. It is not as strict as the GDPR, but still has its own requirements:
- Website owners must notify users about the collection of personal data.
- Data must be stored securely and access to it must be limited.
- Users can request the deletion of their data.
In 2023, the law on electronic communications came into force, which tightens the requirements for the processing of personal data. Violators face fines of up to UAH 34,000. It is also worth remembering the ban on the use of Russian software, which may pose a risk to data security.
If you want to launch a website or online business, you should immediately think about its legal protection. Make sure that your privacy policy complies with the law and that your website has all the necessary information about the company. Remember: fines can be huge, and user trust is priceless. If you need advice on legal issues or website development that meets all the requirements, contact Web Stork for expertise.
Laws in different countries regulate the creation and promotion of websites differently, and to avoid problems, it is worth knowing the basic requirements.