They have agreed on legally binding terms & conditions allowing their dating profiles and data to be shown on one or more other dating websites. SIGN IN Username There are also significant legal risks for businesses running online dating websites and apps. The large amount of personal information that consumers upload to online dating services creates a legal minefield for businesses. For example, competition creates incentives for profile sharing among different dating services in order to quickly amass large groups of user profiles; however, inadequate The 6 Online Dating Issues People Complain About Most In
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By: Lawrence G. Walters, Esq. Updated: November 19, Running an online dating site can be profitable but requires careful attention to legal details. The following checklist is intended as a starting point for legal compliance and is not intended to substitute for competent legal advice. The operator is strongly encouraged to consult with a competent Internet attorney when utilizing this checklist in any way.
Some of these concerns are common to all Internet businesses while other items pertain specifically to the online dating industry itself. Be aware of the following legal issues:. Business Plan. Online dating legal issues, many Internet entrepreneurs begin without some form of organized business plan. The days of being able to throw together a website and hope for the best are long gone.
At a minimum, the business model should identify the target market, revenues, online dating legal issues, capital contributions, promotional activities, goals, competitors, and legal concerns. Various online resources exist to assist in creating a formal business plan. Many times, the creation of a business plan will help identify the strengths and weaknesses of the proposed business model and may result in critical alterations before the site is launched. The single greatest reason why most Internet businesses fail is the lack of a coherent business plan, along with insufficient capitalization.
Online Agreements. Implementation of properly drafted online legal agreements is critically important for the protection of your business investment. State law occasionally requires inclusion of certain notices or disclosures to users. One jury verdict can destroy a successful business, however, a comprehensive set of Terms and Conditions, implemented in a legal manner, can save the site operator significant grief in the event of a claim.
Other online agreements and policies should be considered, such as privacy policies including new state law requirementsspam policies necessary if the site is promoted by bulk email or affiliate marketingaffiliate agreement, DMCA Notice and Takedown Policy, subpoena policy, warning page, etc. With proper online agreements, an ounce of prevention is truly better than a pound of cure.
Age Verification. Online dating sites are generally only appropriate for individuals over the age of Therefore, some form of age verification should be implemented online dating legal issues screen minors prior to allowing users to access the site. Copyright Protection, online dating legal issues. Your text, graphics, logos, design and images, along with overall look and feel of your website, may be protected under copyright law.
Generally, computer programs can also be copyrighted. Therefore, online dating site operators are encouraged to protect their business assets by registering all available copyrights with the United States Copyright Office.
You should familiarize yourself with the ways in which copyright laws can help protect your business and prevent competitors from infringing on your intellectual property. Brand Name Protection. Your trade name, generally your chosen domain nameis also your business brand, and the name by which you will be known in the industry. As your business grows more successful, that brand name increases in value, online dating legal issues, given the goodwill associated with it over time.
Popular businesses are often imitated, and you can expect competitors to attempt to trade on your established business name, online dating legal issues. In the event you select a distinctive brand name, any competing use that causes consumer confusion may be a violation of your trade name or trademark rights. You should consult with an attorney early in the process, to choose a business name that is capable of trademark protection so that you can prevent competitors from using similar brands in commerce.
Promotional Liability. The FTC also imposes certain requirements on automatic rebilling of membership fees. Experienced advertising counsel can help identify legal concerns relating to promotional activities and your marketing plan online dating legal issues general. If any promotional activity occurs using unsolicited bulk email, advice should be obtained regarding compliance with the CAN-SPAM Act which highly regulates such activity.
Many dating sites allow users to post sexually explicit images in connection with their profiles, and some tend to appeal to more erotic viewpoints. Any image depicting nudity or sexual activity that appears on an Internet dating site will implicate various legal concerns pertaining to obscenity, indecency, and the Records Keeping and Labeling Law, Title 18 U.
This is a complex area of the law, and one to be evaluated only by a specialist in the area. Under current federal law, all images depicting sexual activity published by a website need to be accompanied by a disclosure identifying the custodian of age records pertaining to the model depicted in the image.
Failure to comply constitutes a five 5 year federal felony, with up to ten 10 years in prison for repeat online dating legal issues. The producers and publishers of such images also need to create and maintain certain categories of age verification documents associated with the performer.
Some online dating sites can claim an exemption from this requirement, depending on their business model. While Section has been subject to numerous legal online dating legal issues, full compliance is recommended for all individuals or companies subject to the requirements. Any sexually explicit image that is deemed obscene can result in a variety of charges under state and federal law; some with significant penalties, fines and forfeitures. Careful consideration should be given to any dating platform that allows users to instantly post explicit images of themselves or others.
Congress passed two such laws — the Communications Decency Act and the Child Online Protection Act — but both were invalided by the courts. Prior to this law, website operators were immune from the vast majority of these claims under Section of the Communications Decency Act. FOSTA changed the legal landscape for online dating site operators and requires careful moderation of user content. Any effort to use the platform for prostitution or sex trafficking can create massive legal liability for the operator.
Every available effort should be taken to weed out users that abuse the dating platform to engage in these activities, online dating legal issues. Employees, Wages, and Taxation. An online dating business is the same as any other business, in various respects.
Those employed to perform services for the business must be properly categorized as employees, when appropriate, and paid wages with proper income tax withholdings performed. State and federal authorities will ultimately determine whether a specific individual is an employee or an independent contractor. Mis-categorization of employees as contractors can result in substantial claims against the operator by individuals or governmental entities. Careful consideration should be given to such matters as employee handbook creation, overtime, vacation and benefits policies, confidentiality and non-compete agreements, and other typical employment matters.
Sexual harassment concerns occasionally arise in any business focusing on intimate relationships between human beings. Therefore, a specific policy pertaining to workplace environment and sexual harassment complaints should be considered and implemented. Website Development Issues, online dating legal issues.
Another area of concern relates to the development of the online dating site itself. Importantly, creators of expressive works such as websites are ordinarily presumed to be the copyright owner under U. copyright law. If the operator intends to own the site content, this should be reflected in a proper work-for-hire agreement. Shareholder Issues. The final consideration on this legal checklist involves the relationship between the owners of the business. If one person is the sole owner of the operation, this last consideration may not apply.
However, online dating legal issues, to the extent that various individuals online dating legal issues operating as mutual owners, shareholders, or partners in a business venture, their relationship between each other must be clearly set forth and agreed to in an operating agreement or a shareholder agreement. Inevitably, disputes will arise, and some method must be agreed in writing to address how those disputes will be resolved.
The worst scenario is a corporation equally owned by an even number of shareholders, which allows for a deadlock in decision making to occur. In the event of a deadlock, the corporation or business entity may be thrown into receivership, online dating legal issues, whereby a receiver takes over the operation and decision-making functions, so that the business can continue to operate despite the deadlock between shareholders or owners.
This is all expensive, time consuming, and emotionally draining on the owners, and should be avoided at all costs. The development of an operating agreement between the owners is a critical part of the creation of the business venture, and the best time to address difficult issues between business partners is at the beginning, when there are no disputes.
Many issues typically covered in the shareholder or operating agreement are not often considered or anticipated by the owners, such as the event of death or disability of one or more online dating legal issues the shareholders, the desire to sell shares to a third-party, the rights of a divorced spouse to all or part of the business, and other such uncomfortable matters.
Some of these concerns can be addressed by simple legal tools like insurance, trusts or incorporation of rights of survivorship into the ownership structure. All of these issues should be considered and addressed before any disputes arise to allow for the smooth functioning of the business and the efficient resolution of disputes or major decision making. The above checklist represents some of the typical legal matters commonly encountered by online dating sites.
Noting contained in the forgoing article constitutes legal advice. Lawrence Walters practices in the areas of online dating, media, and advertising law. If you have a question about the issues in this article, please contact us:.
Home Our Team Speeches Publications Press T. Online Dating Checklist. Legal Checklist for Operating an Online Dating Site By: Lawrence G. Corporate Structure.
The starting point for any business is its skeleton, or corporate structure. Operating as a sole proprietorship is strongly discouraged, and some form of corporate entity should be utilized when operating the online dating site. The type of corporate entity will vary depending on a number of factors, including tax considerations, the nature of the business model, anticipated revenues, online dating legal issues, and asset protection concerns.
The owners of these entities can be individuals, trusts, or other corporate entities, online dating legal issues. Sometimes, more than one corporate entity is necessary to accomplish certain objectives such as diversification of risk.
In consultation with your CPA online dating legal issues general counsel, online dating legal issues, the proper corporate structure should be discussed and implemented. Conclusion The above checklist represents some of the typical legal matters commonly encountered by online dating sites.
Online Dating Checklist - First Amendment Law
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