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Four Key Clauses to Include Within Your Website Acceptable Use Policy in the UK

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As the internet continues to evolve and impact our daily lives, it has become increasingly crucial for businesses to have an acceptable use policy in place for their website. A website acceptable use policy outlines the terms and conditions for using your commercial website. This article will consider four key clauses to include within this policy.

Why is a Website Acceptable Use (WAU) Policy Useful?

A WAU policy can help protect your company and ensure a safe and productive online environment within your web pages. It clarifies what constitutes acceptable and unacceptable behaviour when accessing your website.

Most WAU policies cover the use of: 

  • copyrighted material;
  • user-generated content;
  • security; and 
  • privacy.  

Having written rules on these topics can help your company comply with the General Data Protection Regulation (GDPR) and, in doing so, reduce the risk of data protection fines from the Information Commissioner’s Office (ICO).

Naturally, any business that cannot control the content on its website risks negative consequences and damaging media attention. Let us consider four key clauses to include within a WAU policy.

1. Limiting the Use of Copyrighted Material

One of the most important clauses to include in a WAU policy is the use of copyrighted material. This clause should inform users that they cannot use copyrighted material on the website without permission, including certain text, images, videos and any other intellectual property. 

Copyright is a legal right that grants creators of original works exclusive rights to use, copy, distribute and profit from their work.

Furthermore, the clause should outline what will happen if a user violates this policy. In most cases, your business will seek to take down the copyrighted material and consider legal action against the user.  

On the other hand, your company should also ensure you have the right to use any copyrighted material on your website, such as images or videos purchased or licensed from third-party sources.

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2. Controlling User-Generated Content

User-generated content is any content created and published by users on your website, including comments, reviews, forum posts and other written and visual content.

Your WAU policy should outline acceptable and unacceptable behaviour regarding user-generated content. For example, a clause should state that your site users cannot post any content that is defamatory, discriminatory or offensive.

Your policy should also state that users are not allowed to post any content that infringes on the rights of others, including copyrighted material, trademarks or other intellectual property.

The relevant clause should also outline the consequences of violating this policy. This could include removing the offending content, suspending or terminating the user’s account and considering legal action.

3. Enabling Better Cyber Security

Website security is an increasingly important issue in today’s digital age. Cyberattacks, data breaches and other security threats are becoming increasingly common, and your company needs to protect its website and your users’ data.

Your WAU policy should include a clause outlining the measures in place to protect your company’s website and users’ personal information. This could include encryption, firewalls and other security technologies to prevent unauthorised access to your website or servers.

The relevant clause should also outline what users must do to help maintain the website’s security. For example, you may require users to use strong passwords, keep their software up-to-date and report any suspicious activity or security breaches to the company.

Finally, the clause should clarify that any prohibited website use may lead to the user receiving a permanent ban.

4. Protecting Site Users’ Privacy

The fourth key clause you should include within a WAU policy is a section on privacy. This clause should outline how your company collects, uses and protects users’ personal information. In particular, it should clarify what users should do to protect their privacy when using your website.

For example, the clause could state that your company will only collect and use users’ personal information for specific purposes, such as processing orders or providing customer support. It should also outline the company’s steps to protect users’ personal information from unauthorised access, theft or misuse.

Additionally, the clause should inform users about their rights regarding their personal information. For example, users should have the right to access, correct or delete their data or opt out of certain marketing communications.

Key Takeaways

A well-written website acceptable use policy is essential for any company with a commercial website.  By including these four key clauses within your website terms, your company can help protect its brand, minimise legal risks and ensure a safe and productive online environment for your users.

It is essential to regularly review and update your WAU policy to ensure that it remains relevant and practical in light of ever-changing online threats. Understandably, many business owners assign this task to an expert lawyer to obtain clarity and peace of mind.

If you need help drafting suitable clauses for your website’s acceptable use policy, our experienced Data, Privacy and IT lawyers can assist as part of our LegalVision membership. For a low monthly fee, you will have unlimited access to lawyers to answer your questions and draft and review your documents. Call us today on 0808 196 8584 or visit our membership page.  

Frequently Asked Questions

What is the difference between a WAU policy and a privacy policy?

A privacy policy exists to inform users of the circumstances in which your company can collect, store and use their personal information. On the other hand, a WAU policy seeks to cover all elements of website use, including the protection of intellectual property rights through applicable law.

Should a WAU policy contain contact details for the website controller?

Whilst optional, providing an email address for users to contact your business can be helpful. This allows users to provide constructive feedback and request information regarding using their data in line with the GDPR.

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Thomas Sutherland

Thomas Sutherland

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