Legally Fluent Question and Answer

Full Name of the Company vs Short Name of the Company

The full company name is your business's official identity as registered with the authorities. It’s used for all the serious business: legal documents, financial transactions, and compliance matters. This usually follows the naming rules in the country where you established your business. For example, some countries require Sole Proprietorships to reflect the name of the owner. A shortened company name or DBA (Doing Business As), also known as your company's nickname, is the more casual name you use in marketing, on your website, or on the storefront. It's great for making a strong brand impression. When to Use Them: Full company name: Always use this on formal documents and any legal or financial dealings to ensure legal clarity. Shortened name/DBA: Ideal for branding and marketing, making your business relatable and memorable to your audience.
Can I operate my business from my home?

Usually, yes. To ensure everything is set up legally and efficiently, consider these important steps: 1. Zoning Laws: Check local zoning regulations to make sure home-based businesses like coaching, consulting, or course creation are permitted in your area. Restrictions might apply based on traffic, noise, or the nature of the activities. 2. Lease and HOA Agreements: Review your lease or homeowners' association rules if you're renting or part of an HOA. Ensure there are no clauses that prohibit home-based business operations. Tip: Secure written permission from your landlord or HOA to operate your business. Even an informal agreement in writing can help prevent potential disputes.
My website URL starts with an Http and not Https. Does it matter?

HTTP (Hypertext Transfer Protocol) is the basic method for sending data over the internet. It's not secure, which means data can be intercepted. HTTPS (Hypertext Transfer Protocol Secure) adds security. It encrypts your data, making your website safe from eavesdropping. How to Secure Your Website with HTTPS: Get an SSL Certificate: You can buy one or sometimes get it free from your web host. Install the SSL Certificate: Your hosting provider can help you with this. Set Your Website to Always Use HTTPS: Make sure all visits to your site automatically use HTTPS for a secure connection. Secure websites protect user data and build trust with your clients.
Which countries should I list in the international data transfer provision of my privacy policy?

In your privacy policy's international data transfer section, you should list: Your Operating Countries: All countries where you are located and operate your business. If you spend time in multiple countries, include each to reflect where data processing might occur based on your presence. Platform Provider’s Countries: The countries where your platform provider stores, processes, and transfers data. This information is typically available in their privacy policy. Countries Where Your Staff or VAs are Based: If you have staff or virtual assistants in other countries, such as the Philippines, Malaysia, India, or outside the EU and USA, you need to include these countries. This ensures transparency about where data may be handled by your team. Including these countries in your privacy policy helps comply with international data protection regulations and informs users about where their data may be processed or stored.
Why do I need to include a provision on Switzerland's safe list in my privacy policy if I am operating in Switzerland or have clients there?

If your business operates in Switzerland or you have clients there, it's crucial to include a provision about Switzerland's safe list in your privacy policy. This provision should clarify how you handle data transfers to countries not on the safe list. When transferring data to countries not on this safe list, you must be transparent and ensure that adequate safeguards and legal frameworks are in place to protect your clients' data. This transparency helps maintain trust and complies with both Swiss and international data protection regulations.
How do I check if my website is using Cookies?

To check if your website is using cookies, you can follow these steps: Open your website in a web browser. Right-click anywhere on the page and select "Inspect" or "Inspect Element" from the context menu. This action will open the Developer Tools window. Here, select the "Application" tab. In the Application tab, look for and select "Cookies" in the left-hand menu. This section will display all the cookies currently being used by your website. You can click on individual cookies to view more details about them, such as their names, values, and expiration dates.
I don't have a website, do I need to make this Privacy Policy?

Yes. You need to have a privacy policy even if you only have a facebook page.
I don't collect information from minors, do I still need to put the provision on Minors?

Yes. Again, you need to be very clear about your rules on collecting information from people and if you don't collect information from minors, you need to state this, plus a notice that if you find out that a minor submitted information on your website, you will delete it immediately.
I collect information from minors, is this prohibited?

Most countries impose a minimum age requirement for collecting and processing personal data. If you are collecting information from individuals below this minimum age, ensure you obtain parental or guardian consent. For example, under U.S. law (COPPA – Children's Online Privacy Protection Act), parents or guardians must have control over the data and information collected from children under the age of 13.
Why is it necessary to declare the location of a virtual assistant in the data privacy declaration?

Declaring your virtual assistant's location in the data privacy declaration ensures transparency and compliance with data protection laws like GDPR. It highlights where personal data may be accessed or processed, helps clients understand cross-border data transfers, and demonstrates that you have safeguards in place to protect their information, thereby building trust and reducing legal risks.
Why must I disclose in my privacy policy if am required to share client information with a training federation?

You must disclose this to ensure transparency and compliance with data protection laws like GDPR. Clients have the right to know how their information is used and shared. Stating this in your privacy policy builds trust, explains the purpose of sharing (e.g., for certification or compliance), and reduces the risk of disputes. It also fulfills legal requirements to disclose third-party data sharing, ensuring clarity and accountability in your business practices.
What is Switzerland’s Safety List and what should business owners do if they transfer data to a country not on the list?

Switzerland’s Safety List identifies countries with data protection laws that meet Swiss standards. If you transfer personal data to these countries, no extra legal steps are needed. For countries not on the list, you’ll need to use safeguards like special contracts. Here is what you need to do: Check the Safety List: Ensure the countries you transfer data to are approved. Update Your Privacy Policy: Mention if you share data internationally and explain the safeguards for non-approved countries. Stay Updated: Regularly review the list and adjust your practices as needed.
Can I use a PO Box for the address?

This must be an address your clients can send written communications to. In countries where Impressum is in fact a requirement, a PO Box is not sufficient as mailing address.
I don't have any of the other details like UID, VAT Number etc.

Just leave these details blank. At the minimum, you are required to put your company name, address, responsible person or authorized representative or owner, mobile number, email address and physical address. Again, transparency. Prove you are not a fly by night company.
I am just a freelancer. I don't have a registered company, do I still need an impressum?

You have a duty to let people viewing your website know who owns the website. Hence, you need to publish company information or impressum on your website. Aren't you a bit bothered when you look at a website, you try to find where they are located and you can't find any information? It seems dubious isn't it?
I value my privacy, and I work from home, can I just hide my home address?

The important thing is that you provide a physical address where mails and notices can be sent to you. Sometimes, deleting your house number will be fine. However, in most cases, this can be a recipe for disaster (a.k.a your mails getting lost). Suggestion: Rent a mailbox. It can cost a bit but it will give you the assurance that your home address will be kept confidential. Tip: If you are going to register your business in the commercial registry/company house/trade registries, the address you will provide will also be available in a public database. So it is best that you plan things in advance.
Can I update my Terms and Conditions even after someone bought my service/products?

Yes you can! That is why there is a provision in your terms stating that can amend your terms anytimes. It is of course recommended that you provide the date of update and if you can, inform your clients and email list that you amended your Terms.
Is there anything I need to do so that I can enforce my Terms and Conditions?

You need to have a way prove that your clients / or website visitors accepted your Terms and conditions. This applies to your Privacy Policy and Cookies Policy as well. Some examples of acceptance mechanisms you can use. Check-box Click to Agree Button Scroll and Accept: Instead of just reading, users need to scroll through the terms and conditions and actively indicate their agreement. Pop-up Confirmation: When people visit your website, a small window will appear asking them to confirm that they agree to the terms and conditions. They can click a button to accept. Email Confirmation: After someone signs up or registers on your website, you can send them an email asking them to click a link or button to confirm that they agree to the terms and conditions. Digital Signature: For more official agreements or important transactions, you can use a digital signature method where users electronically sign to show their agreement. This is like signing a document with a pen, but done digitally.
Why do I need to create the two extra pages for my social media accounts?

Most social media platforms only allow one link You need to make that link count! The first page is for your offers. You don't want people to get lost when they are navigating your website. You want to direct them exactly where your offers or lead magnets are located. One of the buttons in the first page should go to your legals. Again, the idea is to make it easy for anyone to locate where your legal policies are. This will give you the leverage in case they say that they didn't read your policies. You can always say, "Hey, my policies are posted all over my accounts. You can easily see and read them."
In Facebook and Pinterest, why can't I use the "first page" I created where my offers are located?

In Facebook and Pinterest, they specifically named the link Privacy Policy, so you need to use the link to your privacy policy and nothing else.
I don't want to post my legal policies on my socials. Is that ok?

No. In Facebook for example, they will not allow you to run any ads without a proper privacy policy. These socail media platforms are getting stricter because they too were slapped with huge fines for not following privacy rules in the past. So they want to be compliant and they want you to comply as well.
I changed my website URL, can I use the same policies?

If you changed your website but the processes are the same as your previous website, then all you have to do is to change your URL in all your policies and update provisions like your website host. This applies if you have a second website that works exactly the same way as the subject of your current policies. But, if you create a completely different website, with different processes, different payment gateways, different purpose why you are collecting information etc, then you need to re-do your policies.
Why do I have to revisit my policies yearly?

Your business grows, your processes changes. You also add softwares and applications. All of these must be reflected on your policies. What your business is today will be different a year from now. So you need to revisit you policies and update as required.

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Legally She Can GmbH is a legal consultancy, not a law firm. Vena Verga-Danemar is a licensed lawyer turned legal and business strategist. When you interact with her through Legally She Can or any of our social media platforms, she is NOT acting as your lawyer, nor does this interaction establish a lawyer-client relationship. The information provided by Legally She Can and Vena Verga-Danemar is not legal advice, but strategic legal guidance designed to help coaches, experts and online business owners navigate compliance, protect their work, and operate with confidence. This is not intended to be attorney advertising.

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