Before we dive in, I have a very special announcement...

Our COO, Teresa Stastny turns 30 this week!

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Okay, now Reader, we need to talk.

Out of every agreement I talk about—operating agreements, client contracts, NDAs—there is only one that I will look you in the eye and say: you are breaking the law without it.

Everything else, I want you to have. You should have those things. You're inviting liability to your door step. But you aren't technically breaking the law without them.

​The privacy policy is the exception.​

Your privacy policy is a federal law in eight states and international law in at least six different jurisdictions. It doesn't matter what kind of business you have. If you have a website that collects any data, you have to have a compliant privacy policy.

Here's what "collecting data" actually means in plain English. Any time you are collecting any information from anyone using your website, you have to legally link the privacy policy. That means an email sign-up. An intake form. Anywhere your website is collecting cookies or pixel tracking also counts.

If you have Google Analytics, Meta Pixel, or any kind of tracking set up, that is considered personal data and should be disclosed in your privacy policy.

A common question we receive is: "Did you see this new privacy law? Is your template up to date?"

Here's how we handle that. We keep a close eye on privacy laws at the state, federal, and international level. And because we've intentionally drafted our privacy policy to be as conservative and comprehensive as possible from the start, our template is often already compliant before the question even reaches us.

When an update is genuinely needed, we make it and update the template in the Creative Law Foundry. ​

One last, very important, note: I am currently seeing an uptick in FTC action when it comes to online legality. Clients are getting hit with $7,000 fines for not having a privacy policy in place. I genuinely mean it when I say, you need to have a privacy policy on your website.

And it is also one of the easiest boxes to check.

— Paige Hulse

P.S. The Foundry™ helps you protect your work, your clients, and your legacy with attorney-drafted contract templates, smart customization tools, and on-demand legal education designed for creative entrepreneurs. It combines legal precision with practical tools so you can move forward confidently, no matter what stage you’re in.

​All memberships to the Foundry now include contract templates! ​