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Website Terms and Privacy Legal Advice for UK Businesses

Your website may be the place where customers browse, order, pay, subscribe, download content or agree to your services.

  • Fixed fees agreed first
  • Direct access to the lawyer
  • Non-reserved legal services

That means your website terms are not just a page in the footer. For many online businesses, they form part of the contractual framework governing how customers buy from you.

We draft and review website terms and privacy documents around your actual business model, what you sell, who you sell to and where your customers are based.

For consumer-facing businesses, online selling rules can require specific pre-contract information, cancellation information, pricing and contract confirmation. Consumer contract terms also need to be fair and transparent.

Ecommerce and online services Privacy and cookie documentation Fixed fee agreed before work starts

What we can help with

We can draft, review and update website legal documents for businesses operating online, including:

  • Website terms and conditions
  • Ecommerce terms and conditions
  • Consumer-facing terms
  • B2B website and ordering terms
  • Terms for online services and digital products
  • Subscription and recurring-payment terms
  • Software and SaaS terms
  • Refund and cancellation provisions
  • Acceptable use terms
  • Website disclaimers
  • Privacy policies and privacy notices
  • Cookie policies and related website privacy documentation
  • Review and update of existing website terms
  • Coordination with wider commercial and data protection documentation

The customer you sell to matters

Selling to consumers is not the same as selling to other businesses.

Consumer contracts

Consumer contracts are subject to specific statutory protections. Depending on the type of transaction, businesses may need to provide information about cancellation rights, refunds, delivery, contract duration, pricing and other matters before the customer commits.

Consumer terms also need to be fair and transparent. A business cannot simply include a term because it appears in its standard conditions and assume it will be enforceable.

B2B contracts

B2B contracts operate differently, although businesses still need to consider issues such as liability, payment, termination, warranties and other contractual risks.

B2C ecommerce
Consumer rights, cancellation, refunds, delivery, pricing, unfair terms and contract information
B2B ecommerce
Payment, delivery, liability, warranties, termination and commercial risk allocation
Online services
Service scope, payment, cancellation, intellectual property, liability and service terms
Digital products
Digital content, delivery, functionality, cancellation and customer rights
Subscriptions
Renewal, billing, cancellation, price changes, minimum terms and termination
SaaS / software
Licence rights, service availability, acceptable use, data, security, liability and termination
International sales
Customer location, applicable requirements, delivery, taxes and cross-border considerations

We draft the terms around the model you actually use.

Terms for online retailers

An ecommerce website can involve considerably more than a basic set of website terms.

Your legal documents may need to address:

  • How customers place orders
  • When a contract is formed
  • Product descriptions
  • Pricing and payment
  • Delivery arrangements
  • Returns and refunds
  • Cancellation rights
  • Faulty or incorrectly supplied goods
  • Guarantees and warranties
  • Liability
  • Complaints
  • Intellectual property
  • Website use
  • Governing law and jurisdiction

For consumer sales, statutory rights cannot simply be removed through contractual wording. Consumer-facing terms need to work alongside those rights rather than attempt to override them.

If you sell services through your website

The legal structure can be different when the website sells services rather than physical goods.

Your terms may need to deal with:

  • Description and scope of the service
  • Pricing and payment
  • Service commencement
  • Cancellation
  • Notice periods
  • Customer responsibilities
  • Intellectual property
  • Confidentiality
  • Liability
  • Suspension and termination
  • Complaints
  • Dispute resolution

The terms should reflect how the service is actually delivered.

A service business selling a one-off consultation has different requirements from a business providing an ongoing monthly service.

Digital products, software and subscriptions

Digital businesses can have additional contractual considerations.

For example, a business selling downloadable content may need to address how delivery takes place and how cancellation rights interact with digital content. GOV.UK guidance specifically identifies additional requirements for downloads and streaming services, including customer agreement before immediate digital delivery where cancellation rights are affected.

Subscription businesses may need terms covering:

  • Recurring payments
  • Renewal
  • Cancellation
  • Minimum terms
  • Price changes
  • Suspension
  • Account termination
  • Service availability
  • Refunds
  • Customer responsibilities

The exact drafting depends on the business model and customer type.

Your privacy documentation should reflect what your website actually does

A privacy policy should not simply be copied from another business.

Your website may collect information through:

  • Contact forms
  • Account registrations
  • Online purchases
  • Payment providers
  • Analytics
  • Marketing platforms
  • Newsletter subscriptions
  • Customer support systems
  • Website cookies
  • Tracking technologies
  • Third-party services

The privacy information needs to explain relevant matters such as why personal data is processed, how long it is retained and who it may be shared with.

We can review your website's data flows and coordinate the privacy documentation with your wider data protection arrangements.

For broader compliance support, see our Regulatory & Compliance service →
Cookie policies and website tracking

Cookies need to match your actual technology

Cookie compliance cannot be assessed properly from the website design alone.

The technologies used by your website may include cookies, tracking pixels, scripts, tags, web storage or other methods of storing or accessing information on a user's device. ICO guidance confirms that PECR can apply to these technologies.

For non-essential cookies and similar technologies, businesses generally need an appropriate consent mechanism, alongside clear information explaining what the technologies do and why they are used.

We can help coordinate:

  • Cookie policies
  • Website privacy notices
  • Cookie categories
  • Tracking and analytics documentation
  • Third-party technology disclosures
  • Privacy wording
  • Website compliance reviews

The actual implementation of cookie consent technology may require your web developer or platform provider.

The documents should reflect how your business actually operates rather than simply reproducing a generic template.

Already have terms? They may still need work.

You do not necessarily need to replace your website legal documents simply because they are old.

A review can identify areas that no longer match your business, including:

Business model
Do the terms match what you currently sell?
Customer type
Are you dealing with consumers, businesses or both?
Pricing
Do payment and pricing provisions reflect your current model?
Cancellation
Are cancellation and termination provisions appropriate?
Refunds
Do refund provisions reflect the products or services supplied?
Subscriptions
Are renewal and cancellation provisions clear?
Digital content
Do the terms address your actual delivery model?
Liability
Are liability provisions appropriate for the business and customer type?
Privacy
Does the privacy notice reflect the data you actually process?
Cookies
Does the cookie documentation reflect your actual technologies?
International sales
Do the terms account for the markets you sell into?

Selling outside the UK

Selling to customers outside the UK can introduce additional legal and practical considerations.

The relevant issues depend on factors such as:

  • Where your business is established
  • Where your customer is located
  • What you sell
  • How the customer buys
  • The applicable contractual terms
  • The markets you actively target
  • Data transfers and privacy arrangements
  • Delivery and tax arrangements

We can identify the relevant issues for your business and help determine the appropriate scope of your website documentation.

For businesses selling across multiple markets, the website terms should not make broad assumptions about every customer being subject to exactly the same legal framework.

Where businesses usually come to us

01First proper ecommerce terms A growing online retailer needs consumer-facing website terms covering ordering, delivery, refunds and cancellation.
02Subscription business A subscription business wants to review renewal, cancellation, payment and price-change provisions before increasing its customer base.
03Digital product or SaaS business A technology business needs terms covering online access, software use, intellectual property, payment, suspension and termination.
04Existing terms no longer match the business The website has changed significantly since the terms were written, or the business has moved into new products, services or customer markets.
05Selling internationally A UK business is beginning to sell outside the UK and wants to review its website terms and privacy documentation before expanding.

Different documents serve different purposes

Website terms and a privacy policy are often linked together, but they do different jobs.

Website Terms & Conditions
Sets contractual and usage terms governing the website, purchases or services
Privacy Policy / Privacy Notice
Explains how personal data is processed and provides required privacy information
Cookie Policy
Explains relevant cookies and similar technologies used by the website
Commercial Terms
Sets contractual terms for specific B2B products, services or relationships
Acceptable Use Policy
Sets rules governing permitted use of a website, platform or service

A business may need several of these documents depending on its website, products, customers and technology.

A wall of tessellated dark green triangles in low relief

We start with a short discussion about how your business operates online.

The lawyer who does the work agrees the fee

We look at:

  1. What you sell
  2. Who you sell to
  3. How customers place orders or engage your services
  4. How payment works
  5. How products or services are delivered
  6. How cancellations and refunds operate
  7. What personal data the website collects
  8. What cookies and tracking technologies are used
  9. Where your customers are located
  10. Which documents you already have

Then we agree the scope

We then agree the scope and fee before the work starts.

The resulting documents are written around your business rather than copied from an unrelated website.

Clear scope before work starts

Website terms and privacy documentation can vary significantly in complexity.

The fee depends on the number of documents required, the business model, customer type, website functionality and the level of review required.

Our Pricing page provides current starting prices for relevant website and commercial legal work.

For work outside the agreed scope, we discuss the additional requirement and fee before starting it.

Frequently asked questions

Are website terms and conditions legally required?

There is no single rule that makes one standard website terms document legally mandatory for every business.

However, businesses selling online can have specific information and contractual obligations depending on what they sell and who they sell to. For example, online consumer sales can require information about pricing, delivery, cancellation and other matters before the customer enters into the contract.

The appropriate website documentation depends on the business model.

Can I copy another website's terms and conditions?

Using another business's terms as your own is risky.

The other business may sell different products, have different customers, use different payment arrangements or operate under different contractual requirements.

Website terms should reflect your own business model and the legal requirements relevant to your customers.

Do I need different terms for overseas customers?

Not automatically.

The answer depends on the countries involved, what you sell, how you sell it and the legal requirements that apply to the transaction.

For international businesses, we can review the relevant markets and identify where your existing website terms may need additional treatment.

What is the difference between terms and conditions and a privacy policy?

Terms and conditions generally govern contractual and website use matters.

A privacy policy or privacy notice explains how the business processes personal data and provides information required under data protection law.

They address different legal issues and are not interchangeable.

Do ecommerce businesses need a refund policy?

The requirements depend on the goods or services being sold and the type of customer.

Consumer sales can involve statutory cancellation and refund rights, alongside rules governing unfair terms.

A refund policy should therefore reflect the actual products, services and customer rights involved.

Do I need a cookie policy?

If your website uses cookies or similar technologies, you need to consider the applicable PECR and data protection requirements.

The ICO states that businesses must provide clear information about relevant cookies and obtain appropriate consent for non-essential cookies where required.

The correct documentation depends on the technologies your website actually uses.

Can you review website terms I already have?

Yes.

We can review existing website terms, privacy documentation and related policies to identify provisions that may need updating or that no longer reflect how your business operates.

Website terms that work with your business

Your website documentation should reflect the way your business actually sells, delivers and communicates with customers. From ecommerce terms and subscription agreements to privacy policies, cookie documentation and online service terms, we can help you establish the right legal framework for your website.

Book a free 20-minute call. No obligation. Fixed fees are agreed in writing before work starts.

Book a free 20-minute call →
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