Website Compliance Requirements
1. Privacy and Data Protection
Privacy Policy
Why it’s required: Any time you collect personal data (e.g., names, email addresses, IP addresses), most jurisdictions mandate a clear, accessible Privacy Policy explaining what you collect, why, how you use it, and how users can exercise their rights.
Key elements:
Categories of data collected (e.g., account info, behavioral analytics).
Purposes (e.g., marketing, analytics, order fulfillment).
Data retention period.
Third-party sharing (e.g., payment processors, cloud hosting, analytics providers).
User rights (access, correction, deletion, data portability).
Contact information for privacy concerns or data requests.
General Data Protection Regulation (GDPR, EU)
Who it applies to: Any organization (regardless of location) that processes personal data of EU residents or markets to them.
Main requirements:
Lawful basis for processing (consent, contract, legitimate interest, etc.).
Explicit consent for cookies or tracking (opt-in, clear granularity).
Data Subject Rights: right to access, rectify, erase (“right to be forgotten”), restrict processing, data portability, and object.
Data Protection Impact Assessments (DPIAs) for high-risk activities.
Data breach notification: within 72 hours to supervisory authority, and to users if high risk.
Documentation: Maintain records of processing activities (Article 30).
California Consumer Privacy Act (CCPA) / California Privacy Rights Act (CPRA)
Who it applies to: For-profit entities doing business in California that meet certain thresholds (e.g., ≥ $25 million annual revenue; buys/sells data of ≥ 50,000 consumers/devices/households; or earns ≥ 50% revenue from selling personal data).
Main requirements:
Disclose categories/brands of personal data collected and shared.
“Know, Delete, Opt-out” rights: users can request to know what data is collected, delete it, or opt-out of its sale.
Notice at collection: inform users at or before data collection about what’s being collected and why.
Do not discriminate against users who exercise rights (e.g., no price increases for opting out).
ePrivacy / Cookie Laws
EU ePrivacy Directive & UK PECR:
Any non-strictly-necessary cookies or trackers require prior opt-in consent.
Users must be able to withdraw consent as easily as they grant it.
You must provide a clear “cookie banner” or “cookie consent manager” listing categories (e.g., analytics, marketing) and allow toggling on/off.
Other regions: Various countries (e.g., Canada’s PIPEDA, Brazil’s LGPD) have cookie/consent requirements that mirror GDPR.
2. Accessibility (ADA, WCAG)
Americans with Disabilities Act (ADA, Title III)
Who it applies to: “Places of public accommodation,” which increasingly includes many commercial websites if they serve U.S. customers.
Key principle: Ensure individuals with disabilities (visual, auditory, motor, cognitive) can access and use your site.
Common pitfalls:
Images lacking alternative text (<img alt=”…”>).
Lack of keyboard navigation (no focus styles, no skip links).
Poor color contrast (text too light/dark).
Videos missing captions or transcripts.
Unlabeled form fields.
Web Content Accessibility Guidelines (WCAG) 2.1 (AA level)
Best practice standard: Most organizations target WCAG 2.1 AA conformance.
Four principles (POUR):
Perceivable: Provide text alternatives, captions for multimedia, adaptable layouts.
Operable: Ensure all functionality is available via keyboard, give users enough time to read content, avoid seizures-triggering content.
Understandable: Clear language, predictable navigation, helpful error messages.
Robust: Use standards-compliant HTML so assistive technologies can parse it.
Example checkpoints (AA):
Text contrast ratio ≥ 4.5:1 for normal text.
Headings in logical order (<h1> through <h6>).
Form fields with associated labels.
Skip-navigation links for keyboard users.
Consistent navigation mechanisms.
State-by-State U.S. Requirements
Some states (e.g., California’s Unruh Act interpretation, Florida’s accessibility standards) have specific regulations or lawsuits that mandate accessibility.
Even if your site is hosted outside the U.S., serving U.S. audiences can trigger these laws.
3. Security and Payment Compliance
SSL/TLS (HTTPS Everywhere)
Requirement: Any site collecting sensitive information (login credentials, payment details, personal data) must run over HTTPS.
Best practices:
Use a certificate from a trusted authority (e.g., Let’s Encrypt, commercial CAs).
Enforce HSTS (HTTP Strict Transport Security).
Disable insecure protocols (e.g., TLS 1.0, SSL 3.0).
Payment Card Industry Data Security Standard (PCI DSS)
Who it applies to: Any site or application that processes, stores, or transmits credit/debit card data (Visa, MasterCard, etc.).
Key requirements (summarized):
Build and maintain a secure network (e.g., firewalls, segmented networks).
Protect cardholder data (e.g., strong encryption, limited storage, tokenization).
Maintain a vulnerability management program (e.g., regular patching, antivirus).
Implement access control measures (e.g., unique IDs, least privilege).
Monitor and test networks (e.g., log reviews, intrusion detection).
Maintain an information security policy.
Compliance Levels: Ranges from self-assessment questionnaires (SAQs) to on-site audits, depending on transaction volume.
HIPAA (Health Insurance Portability and Accountability Act, U.S.)
Who it applies to: Covered entities (e.g., healthcare providers, insurers) and their business associates when handling Protected Health Information (PHI).
Main rules:
Administrative safeguards (risk analysis, workforce training).
Physical safeguards (secure servers, restricted access).
Technical safeguards (encryption at rest/in transit, audit logs, access controls).
Breach notification: must notify affected individuals, HHS, and sometimes media within 60 days if unsecured PHI is compromised.
Website implications: If your site allows users to log in and view PHI (e.g., patient portals), you must ensure full HIPAA compliance.
4. Children’s Online Privacy
Children’s Online Privacy Protection Act (COPPA, U.S.)
Who it applies to: Websites or online services directed at children under 13, or those that knowingly collect personal info from children under 13.
Main requirements:
Parental consent: Obtain verifiable parental permission before collecting, using, or disclosing personal info of children under 13.
Privacy notice: Provide a clear, comprehensive COPPA Notice on the homepage and at each collection point describing what you collect, how it’s used, and third parties that receive data.
Right to review: Allow parents to review/delete their child’s data.
Data protection: Securely store children’s data, only for as long as necessary.
Enforcement: Penalties are significant; FTC rigorously enforces COPPA.
UK Age Appropriate Design Code (Children’s Code)
Who it applies to: Online services likely to be accessed by children under 18 in the UK.
Key mandates:
Implement high privacy defaults (e.g., location off by default, no excessive data collection).
Provide age verification or age gating where necessary.
Ensure transparent, age-appropriate language in privacy notices.
5. Intellectual Property and Digital Content
Digital Millennium Copyright Act (DMCA, U.S.)
Who it applies to: U.S.-based service providers that host user-generated content (UGC), such as forums, social networks, or any site where third parties can submit text, images, audio, or video.
Safe Harbor provisions:
If a rights holder submits a valid takedown notice asserting that content on your site infringes, you must promptly remove or disable access to the allegedly infringing material to maintain “safe harbor” protection from liability.
Must designate a “DMCA Agent” with contact details registered with the U.S. Copyright Office.
You should adopt and reasonably implement a policy for terminating repeat infringers.
Copyright Notices, Trademarks, and Licensing
Always ensure you have the right to use any images, fonts, videos, or audio on your site.
If you provide downloadable content (e.g., e-books, PDFs), clearly specify licensing terms (e.g., personal use only, no redistribution).
If you use open source libraries or frameworks, comply with their licenses (e.g., MIT, GPL): include license files/attributions as required.
6. E-Commerce and Consumer Protection
Federal Trade Commission (FTC) Regulations (U.S.)
Truth in Advertising: All claims (including health, savings, endorsements) must be truthful, substantiated, and not deceptive or unfair.
Endorsements/Testimonials: If you use influencer reviews or testimonials, disclose material connections.
Refund/Return Policy: If you sell tangible goods directly, state your return/refund policy clearly before purchase.
EU Consumer Rights Directive & Unfair Commercial Practices
Right of withdrawal: Consumers in the EU generally have 14 days to cancel most online purchases.
Clear pricing: Display total costs (including taxes, shipping) before checkout.
Delivery times: Must ship goods within 30 days unless otherwise agreed.
Sales Tax / VAT Collection
If you sell digital goods (e-books, courses) or physical products, check whether and how you must collect and remit sales tax or VAT based on buyer location.
In the U.S., e-commerce platforms often handle tax calculation, but ultimate responsibility lies with the seller. In the EU, digital services to end-users usually require charging VAT at the buyer’s country rate.
7. Terms of Service (TOS) / Terms & Conditions
Purpose:
Defines the rules governing use of the site or service, disclaimers of liability, intellectual property ownership, user obligations, and dispute resolution (e.g., choice of law, arbitration clauses).
Helps limit your liability if a user misuses your content or if something goes wrong.
Key clauses to include:
Acceptable Use Policy: What users can and cannot do (e.g., no hacking, no hate speech).
Account Suspension/Termination Rights: Under what conditions you may suspend or terminate a user’s account.
Disclaimers & Limitations of Liability: Clarify that you are not responsible for certain types of damages (e.g., indirect, consequential).
Governing Law & Venue: State which jurisdiction’s laws apply and where disputes will be litigated.
Enforceability Tips:
Require users to click “I agree” (clickwrap) rather than burying in a footer (browsewrap).
Use clear, concise language—avoid buried legalese.
8. Other Industry-Specific Regulations
Health/Medical Sites (HIPAA, FDA)
Beyond HIPAA (covered above), if you provide medical advice or sell supplements, you must avoid making unsubstantiated “health claims.” The FDA regulates medical claims, labeling, and disclaimers.
Financial Services (GLBA, FINRA)
If you collect or handle consumer financial information, the Gramm-Leach-Bliley Act (GLBA) may apply.
Investment advisors and broker-dealers must comply with SEC/FINRA disclosure and recordkeeping rules.
Telemarketing/CAN-SPAM (U.S.)
If you send commercial emails (newsletters, offers), comply with CAN-SPAM: identify the message as an ad, include a valid physical address, and provide an easy opt-out.
Advertising to Minors
In many jurisdictions, there are special rules for marketing to minors (e.g., no targeted behavioral advertising to children under 16 without parental consent in some EU countries).
Best Practices and Ongoing Compliance
Perform a Privacy & Security Audit
Annually (or whenever you add new features) review what data you collect, how you store it, and who it’s shared with.
Check that your encryption (SSL/TLS) is up to date and your servers are patched.
Accessibility Testing
Use automated tools (e.g., aXe, Lighthouse) plus manual keyboard‐and‐screen‐reader testing to verify WCAG conformance.
Publish an Accessibility Statement (e.g., “We’re committed to WCAG 2.1 AA; for assistance, contact…”).
Keep Policies Up to Date
Whenever you integrate a new third-party service (e.g., analytics, payment gateway), update your Privacy Policy to disclose it.
Revisit Terms of Service if you launch new products, change user-generated content features, or alter dispute resolution processes.
Cookie Consent Management
Use a consent management platform (CMP) that automatically blocks non-essential cookies until a user opts in and stores consent records.
Offer granular control (e.g., “Strictly necessary,” “Performance,” “Marketing”) so users can change choices at any time.
Data Retention & Deletion
Define clear retention schedules for different data types (e.g., logs: 90 days; customer records: 7 years).
Provide a mechanism for users to request deletion and ensure you remove their data from backups and third-party processors.
Vendor/Third-Party Management
Execute Data Processing Addenda (DPAs) or equivalent agreements with any third parties (e.g., cloud hosts, email platforms, analytics providers) that process personal data on your behalf.
Verify that those vendors themselves are compliant (e.g., PCI-certified if they handle payments, ISO 27001 certified for data security).