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, November 6, 2019

Recorded event now available

or call 1-800-926-7926
Course Materials

This CLE course will guide business and technology counsel in drafting terms of use and privacy policies for websites and mobile apps to effectively mitigate business risk.


Terms of use describe the conditions for use of a website or mobile app. Counsel drafting terms of use must carefully tailor the terms to the specific service because website and mobile apps operate differently. To create a binding and enforceable contract between a website or app operator and its users, the terms of use should include clear, concise, and reasonable language regarding limitations of liability, indemnity, and dispute resolution. Protecting the intellectual property of a website or mobile app, such as trade names, trademarks, copyrights, patents, and trade secrets is an important consideration. Counsel must know what and how to protect the intellectual property of a mobile app or website through appropriate disclosure.

Websites and mobile apps also must contain a privacy policy that explains how the business will collect, use, and share data collected through them. 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 international privacy laws apply. In particular, the California Consumer Privacy Act, effective Jan. 1, 2020, will present new challenges for website and mobile operators.

Counsel also must ensure that terms of use and privacy policy are conspicuously presented to users and that each user affirmatively agrees to them.

Listen as our authoritative panel discusses best practices for drafting enforceable and practical terms of use and privacy policies for websites and mobile apps.



  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. Future hot topics


The panel will review these and other issues:

  • How to ensure that website and mobile app terms of use are binding on users
  • Maximizing enforceability of liability limitations and IP protections
  • Best practices for drafting privacy policies, including addressing the California Consumer Privacy Act


Jacobson, Julia
Julia B. Jacobson

Arent Fox

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

Ricci, Faye
Faye Ricci

General Counsel and Senior Vice President

Ms. Ricci is the General Counsel and Senior Vice President of Zipwhip Inc., a leading software provider of texting for...  |  Read More

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