Why bother with the legal small print? For one person, the answer was a bottle of Wine

Publicity stunt or making a point?

Was it a publicity stunt, or were they simply making a point that these terms do not serve their intended purpose? This was a light-hearted story which has grabbed the attention, because the think tank, Tax Policy Associates, has succeeded in proving that very few people actually bother reading the legal terms and conditions and privacy and cookies policies on websites.

In February, they had inserted the following: "We will send a bottle of good wine to the first person to read this." It had been placed in between the following: "This website uses cookies so it remembers your name and if you leave a comment. You can reject them if you like." and "We don't serve any advertising."

The website no longer offers a free bottle of wine, as a it has been claimed! However, it does now say: "We know nobody reads this, because we added in February that we’d send a bottle of good wine to the first person to contact us, and it was only in May that we got a response."

Their website terms were not even that long, but still no one claimed the wine until three months had passed. Apparently, even the person who claimed the wine thought they were too late and only saw the sentence when they were looking to draft terms for their own website and were looking for inspiration.

So, why do we have these legal terms on websites?

Simply put, for two reasons - because the law mandates it and also to protect against risk. The fact that the user does not bother to read them is down to the user.

Firstly, for legal reasons - The UK General Data Protection Regulation requires that organisations who control the processing of personal data have to provide a notice being transparent to individuals, so that they understand - if they choose to! - what is done with their data. The reason for the cookies information is because of the Privacy and Electronic Regulations requires it. Those Regulations say someone must not gain access to information stored in the terminal equipment of an individual unless the individual is provided with clear and comprehensive information about the purposes of the storage of, or access to, that information; and they have given their consent.

As for protecting against risk, organisations should have disclaimers against information on their website being relied on, amongst other sensible measures to include.

So, it's all in the small print. Users therefore go on websites at their own risk! Regardless of whether people bother reading the terms or not, businesses and other organisations should make sure they have the privacy and cookies statements that the law requires them to include; and they should protect themselves against liability from casual web users.

I had the pleasure of discussing this issue in a light-hearted interview with Roberto Perone on BBC Three Counties Radio.

If you would like advice and the drafting of privacy and cookies and other website terms, please contact Paul Gershlick in our Commercial Contracts team on 07795 570072, or complete the form below.