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Lights, Camera …Action on Your Website Documents Re: Terms and Conditions

Terms and conditions of use and data privacy policies on websites, applications and other online and mobile services (aka “digital services”) are the subject of much discussion and debate among lawyers and lawmakers and in popular culture.  A new documentary discussing such terms – descriptively titled “Terms and Conditions May Apply” – examines whether consumers read and/or understand the terms and conditions to which they routinely agree when registering for or using digital services.  One humorous example from the film showed that 7,500 people agreed to terms and conditions requiring them to sell their immortal souls to the UK retailer GameStation.

Regardless of whether users take the time to read them, a patchwork of state and federal laws obligates businesses to provide such policies and terms and comply with the representations made in them.  In future posts, we will discuss some current best practice trends for these website agreements and policies.  In the meantime, every business with an online presence should take the time to make sure they have posted terms and conditions to which they can and do adhere.

© 2020 McDermott Will & EmeryNational Law Review, Volume III, Number 347

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About this Author

Our e-Business Group is composed of lawyers in the Firm's various offices and departments around the world. The Group is led by a core team of full-time technology transaction and e-business lawyers with historic practices in this area. Given the international scope and broad range of legal issues involved in important technology transactions and online trade, McDermott Will & Emery's breadth ensures that clients have access to leading-edge advice in any of the areas pertinent to the actual or proposed transaction or activity.

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