I have used website policies and promotional statements as weapons on cross examination of physicians, chiropractors and nurses who are under oath. My best advise is not to puff your business beyond what is “reasonable promotion”. Keep your wording simple and honest so your company may actually walk the talk on a daily basis. Scott Kalish, Esq.
Yes, privacy issues are more important than ever in contract negotiations. It is part of the contract and a violation would be a breach of contract. The language should be read carefully before you sign because they often contain waivers. Also, damages for violations are difficult to calculate because it is not a clearly monetary damage and it may lead to a third party action that caused the damage. The damage has to be tied to the violation of the agreement to show causation.
Business from Spring Lake, MI
Answered on Sep 24th, 2019
Any written policy could have an impact in court, including an online policy and privacy policy pages of a website. These type statements tend to try to exonerate the site owner from a variety of potential claims. This is an area of evolving law and any definitive answer can only be developed with research of current and emerging case law in the jurisdiction involved, and even the jurisdiction question is cloudy with web-based claims.
Policy statements on a corporate website are publications, and statements made by a corporation. They will be legally binding. A corporation cannot intentionally mislead consumers. Some consumer protection laws may come into play if the website is accessible by all and public.
What is the context with the question regarding weight in a court? Is the corporation not standing by its privacy policies? If it is not complying with its own policies, it should make reasonable, good faith efforts and work diligently to get back in compliance. Or revise the policies to reflect its current practices.
Answers (1-10)
I have used website policies and promotional statements as weapons on cross examination of physicians, chiropractors and nurses who are under oath. My best advise is not to puff your business beyond what is “reasonable promotion”. Keep your wording simple and honest so your company may actually walk the talk on a daily basis. Scott Kalish, Esq.
Yes, privacy issues are more important than ever in contract negotiations. It is part of the contract and a violation would be a breach of contract. The language should be read carefully before you sign because they often contain waivers. Also, damages for violations are difficult to calculate because it is not a clearly monetary damage and it may lead to a third party action that caused the damage. The damage has to be tied to the violation of the agreement to show causation.
Any written policy could have an impact in court, including an online policy and privacy policy pages of a website. These type statements tend to try to exonerate the site owner from a variety of potential claims. This is an area of evolving law and any definitive answer can only be developed with research of current and emerging case law in the jurisdiction involved, and even the jurisdiction question is cloudy with web-based claims.
That would be a legal question for attorney
I am not a lawyer.
Dont know. I am not a lawyer
Depends on the issues being litigated.
Policy statements on a corporate website are publications, and statements made by a corporation. They will be legally binding. A corporation cannot intentionally mislead consumers. Some consumer protection laws may come into play if the website is accessible by all and public.
What is the context with the question regarding weight in a court? Is the corporation not standing by its privacy policies? If it is not complying with its own policies, it should make reasonable, good faith efforts and work diligently to get back in compliance. Or revise the policies to reflect its current practices.
yes
This is too complex a question to answer on a site. If this is a real problem, hire an attorney to find out how and where such issues may affect you.