Blog - Page 5
Legal articles in easy to understand language.
Disclaimers That Do Not Work
Disclaimers are an important and often legally required aspect of doing business. When done right, they can keep your business legally protected, while keeping your users informed about important things. But when they're done wrong, things can get messy. You can find yourself with legal and regulatory issues, and with...
TCPA Compliance for SMS Marketing: How to Avoid Fines
Businesses can avoid Telephone Consumer Protection Act (TCPA) fines by taking steps such as providing disclosures, honoring opt-out requests, and getting express written consent before sending Short Message Service (SMS) marketing texts. This article explains what the TCPA is, whether it applies to SMS messages, the differences between how SMS messages...
How to Get Legal Consent for SMS Marketing (TCPA Express Written Consent Guide)
To send marketing (advertising/telemarketing) SMS in the U.S., you generally need "prior express written consent" when the texts are sent using automated technology covered by the TCPA and FCC rules. For purely informational/transactional texts (e.g., appointment reminders), the consent standard is typically "prior express consent" (not written), as long as the...
Vendor Management for GDPR: How to Audit Your Third-Party Tools
Organizations that rely on third-party tools to handle personal data should audit vendors to meet the European Union's (EU) General Data Protection Regulation (GDPR) requirements. This article explains what the GDPR is, why organizations are liable for vendor noncompliance, and how to conduct a GDPR vendor audit to reduce compliance risk. What...
The Hidden Contract Risk of Privacy Policies: When Disclosures Become Enforceable Promises
Courts are increasingly treating Privacy Policies as enforceable promises, not just regulatory notices. If your policy says you will not share data, will delete it after one year, or will encrypt it at rest, a judge may treat those statements like contract terms or warranties and hold you liable if...
How to Create a Data Breach Response Plan (Before You Need It)
A data breach response plan is a written, step-by-step playbook that tells your business who does what, in what order, and how fast when you suspect customer, employee, or company data has been exposed. Creating a plan before an incident occurs can help you cut downtime, reduce legal risk, and...