Why your website needs a privacy policy, terms of service and disclaimer

Updated October 2026

Privacy laws keep multiplying, both overseas and in a growing number of U.S. states. Every website that collects any information from visitors, even just a contact form or an analytics tool, should have clear policies explaining what it collects and how that information is used. Your website is one of your most important business assets, and the right policies help protect it.

What each policy does

• Privacy Policy: explains what personal information your website collects, why, who it’s shared with and how visitors can exercise their rights. This is the one most privacy laws require.
• Terms of Service: sets the rules for using your website and helps limit your liability if something goes wrong.
• Disclaimer: clarifies that the information on your site is general in nature and not professional advice or a guarantee.
• Cookie Policy: describes the cookies and tracking tools your site uses, often paired with a consent banner.

Many of the tools businesses rely on, including analytics platforms, advertising networks and payment processors, also require you to have a privacy policy in place to use them.

Privacy laws in the United States

As of 2026, 20 states have comprehensive consumer privacy laws on the books, and more have passed laws that take effect in the coming years. Each law has its own thresholds and requirements, and many apply based on where your visitors live, not where your business is located.

In effect before 2025

• California (CCPA, as amended by the CPRA)
• Virginia
• Colorado
• Connecticut
• Utah
• Texas
• Oregon
• Montana
• Florida (applies mainly to very large companies)

Took effect in 2025

• Delaware
• Iowa
• Nebraska
• New Hampshire
• New Jersey
• Tennessee
• Minnesota
• Maryland

Took effect in 2026

• Indiana
• Kentucky
• Rhode Island

Several states also have older laws that specifically require websites to post a privacy policy, such as the California Online Privacy Protection Act (CalOPPA), Nevada’s privacy law and Delaware’s Online Privacy and Protection Act. And many states have amended their laws since passing them, adding protections for things like children’s data and precise location data.

International privacy laws

If your website has visitors from outside the United States, international laws may apply too, including:

• The European Union’s General Data Protection Regulation (GDPR)
• The United Kingdom’s data protection laws (UK GDPR and the Data Protection Act)
• Canada’s Personal Information Protection and Electronic Documents Act (PIPEDA) and Quebec’s Law 25
• Australia’s Privacy Act

Why copy-and-paste templates fall short

It’s tempting to copy a policy from another website or use a free generator. The problem is that laws change constantly, and a policy written a few years ago may not mention laws that didn’t exist yet. An outdated policy can be almost as risky as having none at all.

What to do next

1. Check your website for policies. Look for a Privacy Policy, Terms of Service and Disclaimer, usually linked in the footer.
2. Look at when they were last updated. If it was more than a year ago, or there’s no date at all, they may not cover newer laws.
3. List everything that collects information. Contact forms, analytics, cookies, newsletter sign-ups and online payments all count.
4. Switch to policies that update automatically, so new laws are covered without you having to keep track.

Policies that update themselves

That’s why we partner with Termageddon, and Five Point is a Data Privacy Certified Agency Partner. Termageddon generates your Privacy Policy, Terms of Service, Disclaimer and Cookie Policy based on your business and website, then updates them automatically as laws change, so you don’t have to keep track of every new state law.

Every Website Management Plan includes auto-updating legal policies from Termageddon. If you’d like help getting your policies in place, contact us.

Please note: we’re web professionals, not attorneys, and this article isn’t legal advice. If you have specific questions about your obligations, talk with an attorney.