BarbriSFCourseDetails

Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

    Intermediate

  • work Practice Area

    Commercial Law

Date & Time
  • event Date

    Tuesday, April 1, 2025

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

$297.00

This CLE course will provide business and technology counsel with practical tips for drafting terms of use and privacy policies for websites, mobile apps and other online services that help manage business risk.

Faculty

Dull Kyle
Shareholder
Squire Patton Boggs

A former Assistant Attorney General, Mr. Dull advises industry-leading companies on domestic and international privacy laws, as well as on consumer protection, advertising, and retail and e-commerce laws and self-regulation. Clients regularly turn to Mr. Dull for his knowledge and know-how in defending and resolving federal and state regulatory and enforcement actions. Informed by his prior position in the Florida Attorney General’s Consumer Protection Division, he has extensive experience in investigating and litigating privacy and advertising law violations. Mr. Dull now draws on that experience to share insights with and advise clients on their own data privacy, cybersecurity and advertising risks. He also helps clients develop and implement effective e-commerce business and marketing strategies. Mr. Dull routinely advises clients on technology, data privacy and security, intellectual property, advertising and marketing, and website development matters.

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Jacobson Julia
Shareholder
Squire Patton Boggs

Ms. Jacobson is a partner in the Data Privacy, Cybersecurity & Digital Assets Practice. She offers practical and tactical counsel on privacy and cybersecurity compliance strategies, data breach response, technology transactions and marketing initiatives for national and multinational organizations. Ms. Jacobson assists clients with the design and development of privacy-sensitive policies for the collection and use of personal data. She regularly advises businesses on the privacy and cybersecurity aspects of environmental, social and governance (ESG) programs, ethical data use, machine learning and artificial intelligence, vendor contracting and management and business sales, combinations and acquisitions.

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Description

Terms of use (also known as terms of service) describe the conditions for use of a website, mobile app or other online service. Counsel drafting terms of use must carefully tailor the terms to the specific online service to help ensure they capture the operational differences and different categories of users. To create a binding and enforceable contract between an online service operator and its users, clear, concise, and reasonable provisions are needed, particularly regarding liability limitations, and dispute resolution. Other key considerations are intellectual property protection, avoiding dark patterns, data use rights, incorporated terms and chatbot and AI use.

So far in 2025, 20 U.S. states have enacted state consumer privacy legislation, all of which require that an online service operator post a privacy policy that explains how the business will collect, use, and share personal data collected through the online service. Other laws related to children and AI also require privacy-related notices. Counsel drafting privacy policies must not only ensure that data practices are transparent but also assess the geographical reach to determine which of myriad federal, state, and local privacy laws apply.

After drafting, counsel also must ensure that the terms of use and privacy policy are conspicuously presented and that each user affirmatively agrees to them and also develop internal procedures for ensuring that the terms of use and privacy policy remain accurate and complete.

Listen as our authoritative panel discusses best practices for drafting enforceable and practical terms of use and privacy policies for online services.

Outline

  1. Drafting terms of use: key considerations
  2. Drafting privacy policies: key considerations
  3. Best practices for enforceability of terms of use and privacy policies
  4. AI chatbots and other hot topics

Benefits

The panel will review these and other issues:

  • How to ensure that terms of use are binding on users of an online service
  • Maximizing enforceability of liability limitations, IP protections and data use
  • Best practices for drafting privacy policies, including addressing state consumer privacy laws