Hey everyone! Today I’m sharing an excellent article from Liz Stapleton. A licensed attorney since 2012 and a blogger since 2014, Liz has spoken at virtual and in-person conferences, including FinCon, on the importance of legally protecting your blog and business. She is the founder and voice behind Less Debt, More Wine, a personal finance site, and ElizabethStapleton.com, where she helps readers earn more money while ensuring they legally protect themselves and their businesses. Enjoy!
When you first decide to start a blog, you’re full of ideas and plans. Legal compliance and protecting your blog are rarely at the top of that list—if they’re on it at all. After some time, though, you’ll likely realize there are steps you should take to protect your blog and keep it compliant with the law. If you didn’t go to law school, you may be unsure what those steps are or worry about the cost of hiring a lawyer.
I’m here to help clarify the most common legal mistakes bloggers make and how to address them so your site and income remain protected and compliant.
Disclaimer: While I am an attorney, I am not your attorney and nothing in this post creates an attorney-client relationship. The content here is for educational and informational purposes only and should not be considered legal advice. The author is not liable for losses or damages related to actions or inaction based on this content. If you need specific legal advice, consult an attorney who specializes in your jurisdiction and subject matter.
Related content:
- How To Earn Money Blogging: Your Top Questions Answered
- 12 Free Resources To Grow Your Blog Fast
- Your Top 14 Tax Questions For Bloggers and Digital Nomads Answered
Now that’s out of the way, let’s get to it…
1. Not Having a Privacy Policy
A privacy policy explains what personal information your site collects and why. Privacy policies are often legally required. The General Data Protection Regulation (GDPR), introduced by the European Union in 2018, brought data protection laws up to date and increased responsibilities for website owners. GDPR aims to give individuals more control over their personal data, which requires sites to clearly explain how that data is collected and used—usually via a privacy policy and cookie notice.
Even if you’re not based in the EU, GDPR can still apply if people in the EU visit your site. Additionally, U.S. states have their own privacy laws, and federal statutes also contain data privacy provisions. The net result: a privacy policy is effectively necessary for most sites. Not having one can expose you to fines or lawsuits.
If you think you don’t collect personal information, consider common features that do collect data:
- Google Analytics
- Blog comments
- Contact forms
- Email sign-ups
All of these collect personal data. So how do you create a privacy policy? You have three main options:
- Research and write your own privacy policy.
- Buy a privacy policy template written by an attorney and customize it.
- Hire an attorney to draft a custom privacy policy.
Your choice will largely depend on budget and how you value your time.
Doing the Research and Writing Your Own Privacy Policy
Writing your own policy costs nothing out of pocket but requires significant time and careful research. If you value your time highly, this may not be the most efficient option.
Privacy Policy Templates Written By an Attorney
Buying a template from an attorney usually involves a modest cost and allows you to implement a privacy policy quickly. Attorney-written templates generally cover the essential legal requirements and can be bundled with other necessary documents (disclaimers, terms and conditions, affiliate disclosures). Purchasing a template bundle often gives the best value.
Grab the Website Legal Templates Bundle Now.
Hiring An Attorney
Hiring an attorney to craft a custom privacy policy ensures a high level of protection tailored to your site, but it’s the most expensive option. Some firms specialize in working with bloggers and online businesses and can provide tailored solutions.
The Fix: Purchase professionally drafted templates written by an attorney or hire an attorney to create custom policies for your site.
2. Violating Copyright (Using Images Without Proper Permission)
Images and graphics are essential to blogging, but using images without the right permissions can lead to copyright violations. You cannot simply pull images from Google Images and use them on your site without permission. Other problematic situations include:
- Reposting someone else’s Instagram photo without permission
- Using an image from someone else in a roundup post without permission
- Using stock photos without the proper license for your intended use
Here are common scenarios explained and how to handle them.
Why You Can’t Just Regram Someone’s Photo on Instagram
Instagram’s terms of use confirm that users retain copyright to their photos. Reposting without permission infringes that copyright. If someone republishes your images without permission, you can ask them to remove the content or report it to Instagram. If you want to share someone else’s photo, always ask for permission first; if permission is denied or not granted, don’t share it.
Including Someone’s Image in a Roundup
Roundup posts often link back to the original content, which may seem beneficial, but the image owner may still have restrictions—especially if the image is a stock photo purchased under a limited license. Some bloggers publish explicit policies on whether their images can be reused; if not, you should request permission. If the image is licensed from a stock site by the original author, you may need to acquire your own license to use it.
The Fix: Check the creator’s terms or ask permission before including their image in a roundup.
Stock Photos and Licensing
Stock photo sites sell images with specific licenses. The license type determines how you may use the image. For example, some sites offer a standard license for blog graphics and an extended license for use in products or freebies where the image adds significant value. Free stock sites like Pexels and Pixabay allow commercial use and modification without attribution, but they typically prohibit selling or redistributing the image as a standalone product or using it in misleading ways related to brands or services.
The Fix: Read and follow the license terms when obtaining images from stock photo sites.
3. Not Having or Incorrectly Using Disclosures & Disclaimers
Many blogs need various disclosures and disclaimers depending on their content and monetization strategies. Common types include:
- Affiliate disclosures
- Professional disclaimers
- Testimonial/earnings disclaimers
Each serves a different purpose and must be used correctly.
Affiliate Disclosures
The Federal Trade Commission (FTC) requires clear affiliate disclosures when you have affiliate relationships. Disclosures must:
- Appear before the affiliate link
- Clearly convey the relationship
- Be easily visible
- Not encourage clicking to support the site
Failing to comply can result in being removed from affiliate programs or penalties, including being required to repay earnings tied to undisclosed endorsements.
Placing the Disclosure in the Wrong Place
Common mistakes include placing disclosures only in the footer or sidebar. The footer is usually unseen before a link is clicked. Sidebars can appear before content on desktop but are often pushed below content on mobile devices, meaning the disclosure won’t be seen before the affiliate link is clicked.
The Fix: Place the disclosure at the top of your content or within the first few paragraphs.
Using Incorrect Language
Disclosures must be clear and easy to understand. Avoid language that encourages clicking, such as “clicking helps support this site.” Instead, use concise, factual wording like: “This post may contain affiliate links; I receive a small commission if you click, at no cost to you.”
Professional Disclaimers
Professional disclaimers clarify whether content constitutes professional advice. For example, an attorney should state that blog content does not create an attorney-client relationship and is informational only. Similarly, financial bloggers should clarify that content is not personalized financial advice. If you’re not a licensed professional but write in a professional niche, disclose that you are not providing formal professional advice.
The Fix: Add a professional disclaimer on your site’s legal page.
Testimonial/Earnings Disclaimers
Testimonials and income reports are powerful marketing tools, but you must include disclaimers that results are not guaranteed. Earnings vary based on effort and circumstances, and you should state that individual results may differ. If you use testimonials or income claims on sales pages, webinars, or learning platforms, include clear earnings disclaimers where those materials appear.
The Fix: Add a testimonial and earnings disclaimer to your site’s legal page and to any external pages or platforms that display your testimonials or income reports.
Bottom Line
Blogging can raise several legal issues, but most are straightforward to address. Implementing a clear privacy policy, respecting copyright and image licenses, and using proper disclosures and disclaimers will go a long way toward protecting your blog and income. I hope this overview helps you feel more confident about avoiding these common legal mistakes.
If you want to learn more, visit ElizabethStapleton.com and grab the free checklist: 10 Things You Need to Include on Your Site’s Legal Page.
What legal mistakes have you seen bloggers make? What questions do you have?