Drafting Website and Mobile App Terms of Use, Privacy Policy and IP Protections

Recording of a 90-minute CLE webinar with Q&A

Conducted on Wednesday, October 25, 2017

Recorded event now available

or call 1-800-926-7926
Program Materials

This CLE webinar will provide guidance to business and technology counsel for drafting and enforcing terms of use, privacy policies and IP protection language for websites and mobile apps to effectively mitigate business risk.


Website and mobile app terms of use outline how visitors may use a company’s website or app and when their right to use may be revoked. Terms of use may create a binding and enforceable contract between businesses and users of their website or app when the user has actual knowledge that the terms of use are binding.

Counsel drafting website and mobile app terms of use should individualize the terms of use for each business and include well drafted and reasonable language regarding limitation of liability, indemnity and mandatory arbitration/class action waivers. Counsel must also ensure that terms of use are located in a conspicuous place on the website or app.

In addition, company websites and mobile apps must contain a privacy policy that explains how the business will collect, use and share user data. Counsel drafting privacy policies must take into account myriad federal, state and international privacy laws. Counsel must also ensure that privacy policies will be able to withstand Federal Trade Commission (FTC) scrutiny in the event of an enforcement action.

Finally, counsel should take steps to protect IP that is vulnerable to compromise via websites or mobile apps, including trade names, trademarks, copyrights, patents and trade secrets. This includes knowing what content and graphics should be protected, when and how it should be protected, properly using trademark symbols and other IP notations, and including the proper legal notifications regarding IP on the website or app.

Listen as our authoritative panel discusses best practices for drafting enforceable and effective terms of use, privacy policies, and IP protection language for websites and mobile apps.



  1. Terms of use—considerations and best practices
  2. Privacy policies—considerations and best practices
  3. Protecting IP on websites and mobile apps—considerations and best practices


The panel will review these and other issues:

  • How to ensure that website and mobile app terms of use are binding on users
  • Language to include in terms of use to effectively limit liability and mitigate risk exposure
  • Considerations and best practices for drafting privacy policies
  • How to protect a business’ IP when creating and maintaining a website or mobile app


Jacobson, Julia
Julia B. Jacobson

K&L Gates

Ms. Jacobson has significant experience representing clients in the consumer products goods, ecommerce and technology...  |  Read More

Klaber, A. Benjamin
A. Benjamin Klaber

Morgan Lewis & Bockius

Mr. Klaber counsels clients on technology, outsourcing, and commercial transactions, intellectual property matters,...  |  Read More

Vershave, Richard
Richard C. Vershave

Fraser Trebilcock

Mr. Vershave has prepared and filed hundreds of patent applications with the U.S. Patent and Trademark Office in a...  |  Read More

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