What Legals Do I Need for My Landing Pages?

Last updated: 21 January 2025

What Legals Do I Need for My Landing Pages? – Landing pages are essential marketing tools for online businesses. They are a key conversion point, turning cold traffic into leads and customers. While landing pages can be incredibly effective for your business, it is equally important to ensure they comply with legal requirements to avoid potential penalties. This article addresses common legal questions about landing pages and the importance of Privacy Policies, Terms & Conditions, and Disclaimers.

Click on any of the questions below to jump to that section of this legal guide.

If you still have a question after reading this legal guide, get in touch, as we’d love to keep adding your questions to this comprehensive guide.

Understanding Landing Pages

What is the difference between a website and a landing page?

A website is a collection of interconnected web pages that provide information about a business, organisation, or topic. On the other hand, a landing page is a single webpage designed for a specific purpose, such as collecting feedback about a product or driving sales for a particular product. In short, a website is for informing, while a landing page is for converting.

Can I use a landing page instead of a website?

Yes, you can use a standalone landing page instead of a complete website, especially for specific campaigns or promotions. Landing pages can effectively generate leads, promote products, and drive conversations. Again, a landing page works well to achieve specific targeted goals.

However, having a complete website caters to broader business needs, providing comprehensive information about the business and establishing credibility. Each company will have its own needs, but consider implementing a website in addition to a landing page for a complete and informative online presence.

Why do I need a landing page if I have a website?

Websites can become overwhelming, which can lower the conversion rate of potential customers into paying customers. A landing page can overcome this by being streamlined in purpose and design and utilising a targeted approach to generate leads that result in sales.

The diagram below shows the range of landing pages and their potential uses.

Take, for example, a ‘squeeze page’ type of landing page. A ‘squeeze page’ has one objective: to get the email address of a potential customer. It does this by offering something of value, such as a free download or coupon code. Then the business can use the potential customer’s email address to market to them directly – using an email sequence, offering discounts, etc.

In short, landing pages can lead to higher conversion rates and sales, so why not utilise them? This brings us to the legal issues when using landing pages.

What Legals Are Needed for Landing Pages?

Do landing pages need a Privacy Policy?

Yes, landing pages in Australia should have a Privacy Policy if they collect personal information from visitors, such as an email address. This is a requirement of the Australian Privacy Principles (APPs) outlined in the Privacy Act 1988.

Your Privacy Policy should:

• Detail what personal information is collected.
• Explain how the information will be used and shared.
• Inform visitors about their rights regarding their data.
• Provide information on how users can contact you regarding their privacy.

Do I need a Privacy Policy on my landing page if I don’t sell anything?

Yes, even if you don’t sell anything, you still should have a Privacy Policy on your landing page if you collect personal information from users. This includes names, email addresses, or other identifiable information.

A Privacy Policy helps explain what data you collect and how it will be used. It also shows users that you take their privacy seriously, are transparent and want to follow best practices.

Do landing pages need Terms & Conditions?

For landing pages, the need for Terms & Conditions (T&Cs) largely depends on the functionality and purpose of the landing page. Here are two examples of where Terms & Conditions should be added:

• Transactional eCommerce Landing Pages: If the landing page offers ecommerce transactions (e.g. purchasing a product or service), you should have Terms & Conditions. This would include payment terms, shipping, returns, certain consumer rights statements required under the Australian Consumer Law (ACL).
• Download or Access to Resources: For landing pages that offer downloads or access to content in exchange for contact information, Terms & Conditions can be beneficial to outline usage rights, restrictions, and liability disclaimers.

Even if not legally mandated for all scenarios, including Terms & Conditions can enhance user trust by providing transparency on how the site operates, what users can expect, and how disputes might be resolved.

Do landing pages need a Disclaimer?

Whether a landing page needs a Disclaimer depends on the content of that page. For example:

• Professional Advice or Information: If your landing page provides advice in areas like finance, health, legal, or any professional services, a Disclaimer is highly recommended. This Disclaimer should make clear that the content is for informational purposes only and does not constitute professional advice tailored to individual circumstances.
• Health and Fitness: If the landing page promotes health or fitness products, services, or information, include a Disclaimer stating that the information provided does not replace professional medical advice and that users should consult healthcare providers before taking action.
• Financial Products or Investments: Any landing page dealing with financial advice, investment opportunities, or related products should have a Disclaimer about the risks involved, the potential for loss, and possibly a note that past performance isn’t indicative of future results.
• Product Claims: For landing pages selling products, particularly if making health, performance, or efficacy claims, a Disclaimer might be necessary to clarify that results can vary and to include any mandatory warnings or Disclaimers required by regulations like those from the Therapeutic Goods Administration (TGA) for health products.
• Affiliate Marketing: If the landing page includes affiliate links, a Disclaimer about using these links for earning commissions is advisable for transparency.

Remember, Disclaimers do not absolve you of all legal responsibilities, especially under consumer protection laws, but they help manage risks and clarify the nature of the content or services offered.

Do landing pages need a Cookie Policy?

Although Australian law does not explicitly mandate cookie consent like the GDPR in Europe, there’s an increasing expectation for transparency around data collection. If your site uses cookies that track personal information or target users in regions with strict cookie laws, providing a Cookie Policy or notice can be seen as best practice for transparency and compliance with international norms, especially if you have international visitors.

Under the Australian Privacy Principles (APPs) within the Privacy Act 1988, if your landing page collects personal information through cookies (like tracking user behaviour for marketing purposes or personalizing content), you must include this information in your Privacy Policy.

Compliance with Data Protection Laws

Do landing pages need to comply with GDPR?

If you target UK or EU residents with your landing page, then, yes, you will need to comply with GDPR (General Data Protection Regulation) legislation and have a GDPR-compliant Privacy Policy.

We have a whole feature article on how to comply with GDPR here.

Even if not legally required, adopting GDPR-like practices can be beneficial for improving privacy standards, enhancing trust with international users, and preparing for potential future changes in Australian privacy laws.

Do landing pages need to comply with California’s CCPA?

The California Consumer Privacy Act (CCPA) is another piece of legislation that applies extraterritorially, meaning it can affect Australian businesses if they collect personal information from California residents. Specifically, an Australian business would need to comply with CCPA if:

• It has annual gross revenues of over $25 million USD.
• It collects, buys, sells, or shares the personal information of 50,000 or more California residents, households, or devices annually.
• 50% or more of its annual revenue comes from selling California residents’ personal information.

If you meet these criteria, then you must follow these guidelines:

• Notice at Collection: Inform users at or before collecting their data about what personal information is being collected and for what purposes.
• Privacy Policy: Have a clear Privacy Policy that explains the rights of California consumers under CCPA, including rights to know, delete, and opt out of the sale of personal information.
• Opt-Out Mechanism: If you’re involved in selling personal data, provide a “Do Not Sell My Personal Information” link or similar opt-out option.
• Consumer Rights: Enable mechanisms for California residents to exercise their rights under CCPA.

Best Practises for Legal Compliance on Landing Pages

Do I need a lawyer to create legal notices for my landing pages?

A qualified Australian lawyer should always draft your legal notices. Whether you use a legal document template or ask a lawyer to draft a custom legal notice for you is your choice. If you write your legal notices yourself, you risk facing legal issues with your business. We are here to help if you need further assistance.

Is copying Terms & Conditions illegal?

Copying Terms & Conditions from another website without permission is illegal in Australia. This may violate copyright laws, as Terms & Conditions are considered original written content. Using legal templates drafted by qualified Australian lawyers is quick and easy. If your situation is complex, consulting a legal professional can help ensure compliance without risking copyright infringement.

Can I use a generic template for my legal documents?

Yes, you can use a legal template like the ones offered by Legal123 for your legal notices, as Legal123 licences this template for your personal use. Still, it’s essential to customise it to fit your specific business needs and ensure compliance with the relevant laws. Legal templates are a practical and budget-friendly way to handle common legal issues.

However, although legal templates can provide a good starting point, they may not address all your unique circumstances. To ensure your documents are accurate and legally sound, they can be reviewed by the team at Legal123.

Where should I post my landing page legals?

You should post your landing page legal notices (Privacy Policy, Terms & Conditions, Disclaimer, Cookie Policy) in the footer of your landing page. Each notice should have its dedicated page titled “Privacy Policy”, “Terms & Conditions”, etc. Reference these notices during user interactions, such as sign-up forms or checkout processes, and provide links.

Do I need to get consent to my Privacy Policy and Terms & Conditions?

In Australia, you don’t need explicit consent from visitors or potential customers of your Privacy Policy and Terms & Conditions. However, you should ensure that users can easily access and review them. If they become paying customers, you might require them to agree to terms (for example, during sign-up) and include a checkbox to indicate their acceptance.

How often should I update my landing page legals?

Review and update your landing page legal notices whenever any of these triggers occur:

• Changes to law: Update if there are changes to privacy laws or other relevant laws in Australia.
• Business changes: Revise documents if you change how you collect or use personal data or if your services/products change.
• User feedback: Consider updating based on user feedback or concerns regarding clarity or usability.
• Security breaches: If there’s a data breach, inform your contacts and update your Privacy Policy to reflect any new practices or measures taken.

What happens if my landing page is not legally compliant?

If your landing page is not legally compliant in Australia, you may face several consequences, including:

• Legal penalties: The ACCC can impose fines, penalties and takedown notices if you breach Australian Consumer Law. You could also incur fines or sanctions from regulatory bodies, such as the Office of the Australian Information Commissioner (OAIC).
• Reputation damage: Non-compliance can harm your business’s reputation, leading to loss of customer trust.
• Legal action: Users may take legal action against you for breaches of privacy or consumer protection laws.
• Website takedown: In severe cases, your website could be taken down or face restrictions.
• Business risks: Non-compliance can hinder partnerships, funding opportunities, and business growth.

We hope you found this article on landing page legals helpful.

About the Author: Vanessa Emilio

Vanessa Emilio (BA Hons, LLB, ACIS, AGIA) is the Founder and CEO of Legal123.com.au and Practice Director of Legal123 Pty Ltd. Vanessa is a qualified Australian lawyer with 20+ years experience in corporate, banking and trust law. Click for full bio of Vanessa Emilio or follow on LinkedIn.

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