COOKIES, PRIVACY & FINE PRINT – HOW TO PROTECT YOUR BUSINESS IN THE DIGITAL WORLD

The internet has flipped the script on how to successfully operate a business. Gone are the days when billboards and print media reigned supreme as the most effective way to grow your presence and brand. Now, businesses must battle it out in the true wild west – the world wide web.

There are significant perils that come as a result of doing business online – Privacy Act laws, cyber security risks, getting lost on page 10 of the Google search results – but having no presence or an ineffective presence can be a death knell too. So how do you get your business online while protecting yourself and your future?

There are 3 legal cornerstones that are essential:

• Cookies Policy
• Privacy Statement
• Terms and Conditions

Cookies and Privacy

The first thing that you will usually see when you open a webpage is a pop-up or note asking for your ‘Cookie’ preferences. A ‘Cookie’ is a piece of data from a webpage that gets stored in a web browser that the webpage can retrieve at a later date. This information can be useful for a business owner – it can tell you who is visiting your webpage, what they have clicked on, and when. For the consumer, it can mean their web experience is more efficient and personalised to them – the webpage may remember if they had previous items in their shopping cart if they were online shopping and will use the Cookies to suggest ads or content to them.

Consumers are growing more aware of the effect of Cookies and data sharing in general. Many countries have introduced legislation and requirements around Cookies and online data storage. The European Union has particularly strong set of regulations, which require consumers to consent to Cookies before accessing any webpage.

New Zealand privacy law, at the time of writing, does not require you to obtain the consent of the consumer. However, if your Cookies collect any personal information from your consumers, then you must notify the consumer that you are doing so.

It’s easy to see how a Cookie Policy and a Privacy Statement go hand-in-hand. A Privacy Statement addresses more than the potential information that is stored by Cookies, but what it needs to cover will vary from business to business, depending on what, and how, the business collects this information.

Whether your business is a kindergarten or a law firm, if it collects, stores or uses personal information, you must comply with the principles of the Privacy Act. It doesn’t have to be complicated. We’re here to help.

Once we understand your business and why/how you collect, store and use personal information, we can tailor a privacy and cookie approach specific to your needs. We aim to make the complex simple so it’s easy for you and your staff to comply with the law.

T’s and C’s

Your Terms and Conditions should cover the important aspects of your business-client relationship, such as payment terms, conditions, limitations, liabilities, obligations and importantly whether your business seeks the comfort of personal guarantees from the directors of your clients that are limited liability companies.

Setting expectations of what your clients or customers are paying you to do or supply for them is essential to avoid unnecessary stress and drama down the road. Having a strong framework that fits your business structure is key.

All businesses operating in New Zealand that supply goods or services should have up-to-date terms of trade in place. Our expert team of commercial lawyers can help you establish terms of trade specifically written to protect your business.

Protecting your business with a robust online policy is much safer and cost efficient than waiting for something to go wrong. Here at Wakefields Lawyers we can ensure that your existing Policy is up to par, or we can start from scratch to ensure that your business is as prepared as possible to stand up and stand out in the digital world. If you want to know more, give our friendly team a call on (04) 970 3600 or email info@wakefieldslaw.com.

– Sam Wood (Solicitor)