Bay Area Archives - Bend Law Group, PC

The California Online Privacy Protection Act requires a website or online service (includes mobile apps for smartphones and tablets) to “conspicuously post” a privacy policy if it “collects and maintains personally identifiable information from a consumer residing in California.”

“Personally identifiable information” (PII) is very broadly defined to include an individual’s first and last name, physical address, e-mail address, telephone number, or any other information that permits the contact of an individual. So, even if you are not selling a product or service, your website needs a privacy policy if visitors can submit their e-mail addresses to receive news and updates from you.

What Does the Policy Need to Include?

If a privacy policy is required, it must contain seven items:

Information Collected: The categories of personal information the website collects.
Categories: The categories of third-parties with whom the company shares the information.
Review & Request: How the consumer can review and request changes to their personal information collected by the company.
Tracking: How your site responds to “do not track” indicators from web browsers.
Cookies: Whether there are third party tracking cookies (or other tracking mechanisms), such as advertising cookies.
Notifications: How the company notifies consumers of material changes to its privacy policy.
Date: The effective date of the privacy policy.

Where Should It Be Posted?

If you are required to have a privacy policy, it must be “conspicuously posted.” Some options for conspicuously posting:

Least Popular: Appears on the homepage of your website – usually not an aesthetically pleasant option.
More Popular: An icon on the home page that contains the word “privacy” – not a bad option.
Most Popular: A link at the bottom of the homepage that contains the words “Privacy Policy.”

What Can Happen If You Don’t Have A Privacy Policy?

Under the California Unfair Competition Law, website operators who do not comply with the California Online Privacy Protection Act could be sued by the California Attorney General, District Attorneys, County Counsel, or City Attorneys for “unfair competition.”

There Is No One-Size-Fits All!

Privacy policies vary depending on how the website collects and uses consumer information. The key is to not only make sure the privacy policy complies with the law, but also have the policy be easy to understand so visitors do not get frustrated with legalese when trying to determine how their personal information is being collected and used by your website.

If you have any questions regarding privacy policies or any other business legal issue, please contact us at (415) 633-6841 or info@bendlawoffice.com.

Disclaimer: This article discusses general legal issues and developments. Such materials are for informational purposes only and may not reflect the most current law in your jurisdiction. These informational materials are not intended, and should not be taken, as legal advice on any particular set of facts or circumstances. No reader should act or refrain from acting on the basis of any information presented herein without seeking the advice of counsel in the relevant jurisdiction. Bend Law Group, PC expressly disclaims all liability in respect of any actions taken or not taken based on any contents of this article.

4/30/11

Doug Bend

4/30/11

Read Less

As a business owner, you face many challenges and expenses. One of the most important decisions is how to meet the legal requirements of your business while balancing the need to preserve time and capital. Below is a list of tips you may want to consider when selecting a qualified, trusted business attorney.

1. Where do I start to look for a business attorney?

The best method for selecting a great business attorney is to consult other business owners and your trusted advisors. Does a business owner you trust have an attorney they recommend? Does your CPA, financial planner, or banker have an attorney they know and trust? An attorney who has the money or aptitude to have their website on the first page of a Google search is not necessarily the attorney who is best suited to help your business.

2. Is the business attorney well qualified to handle your specific legal needs?

Once you have a list of attorneys, your biggest concern should be whether they are qualified to handle your legal needs. An attorney who is fresh out of law school may be inexpensive, but it may be worthwhile to pay more for an attorney who has experience with your industry or navigating the nuances of your city and state. For example, a family law attorney may be well qualified to handle a child custody dispute, but they may not be the best attorney to set up a new business entity. It is important to keep in mind that attorneys are business owners as well and some are reluctant to turn away new business – even if they are not particularly well qualified to handle your legal needs.

How can you determine if an attorney is well qualified to handle your legal needs? The first step is to review the attorney’s biography. Do they seem like they would be a good fit for your company’s legal matters? If so, contact the attorney and interview them for the position for which they are “applying” – one of the most important roles in your company. Some questions you may want to ask include:

How long have you been practicing law?
Have you had any ethics complaints filed against you?
Have you done this specific type of work before?
How many times?
Can you please give specific examples of work you have done in the past that is similar to the work you would be doing for me?
Can you please put me in contact with a client with whom you have done similar work?

You should also ask the attorney specific questions that are important to your legal needs to determine if they have the necessary background knowledge. For example, if you are setting up a new company, you may want to ask the attorney to describe the difference between an S corporation and an LLC or how much the annual franchise tax is for a corporation in California. These types of questions can be a good method to gauge the knowledge base of the attorney and whether they are best suited to help your business.

3. Are the business attorney’s rates reasonable?

Good business attorneys in the Bay Area typically charge between $275 to $595 per hour. Partners in large law firms can charge as much as $1,200 per hour. This can lead to large, unexpected legal bills. What may seem like a simple legal question can result in you receiving a ten page memo and a $3,000 invoice.

However, some attorneys are willing to offer flat project rates, which can better allow you to budget for your legal needs. An attorney may also be willing to put a cap on the amount they charge for a project. For example, an attorney might say that it typically takes them three to five hours to set up a corporation. If an attorney will not provide a flat rate for the project, they might be willing to agree to a cap that the project will not cost anymore than five times their hourly rate. Having a flat project rate or cap on the legal costs for a project can be key in preventing surprise legal bills.

4. Prioritize Your Legal Needs.

It is easy to forget that an attorney is a small business owner and may encourage you to buy additional legal services that your business may not immediately need. You should ask the attorney how they would prioritize the timing of the legal projects they recommend. For example, can you pay to set up your company now, but wait to file for a trademark until you see if your business is actually viable?

5. Is the Business Attorney Not Only Well Qualified, But Also Someone You Would Enjoy Interacting With?

It is important to not only find an attorney who is reasonably priced and well qualified, but someone you feel comfortable working with. Is the attorney someone you want to develop an ongoing relationship with over the years as your business grows? Will you enjoy interacting with them or will you dread having to contact them?

6. The Business Attorney Should Be A Member of Your Team of Trusted Fiduciary Advisors.

The attorney should be a member of a trusted group of fiduciary advisors who provide your company with quality advice for a fair price. This team of trusted fiduciaries will vary from business to business, but will often include a business attorney, a CPA, a financial planner, a personal banker, and other individuals who will not only provide you with sound advice, but also genuinely care about the success of your business.

7. Meet With Several Business Attorneys and Trust Your Instincts.

You should meet with several business attorneys. Selecting the right business attorney is extremely important and you should take the time to make the right decision. Most business attorneys provide a free initial consultation. Take that opportunity to meet with several attorneys. You are no doubt very busy, but finding a good fit early on can save dozens of hours down the road. Trust your instincts in determining which business attorney is going to best help your business grow and succeed.

If you have any questions regarding hiring a business attorney or any other business legal issue, please contact us at (415) 633-6841 or info@bendlawoffice.com.