If you’re a lifestyle blogger or influencer that’s actively using a blog to promote products, chances are you’ve thought about SEO, content strategy, monetization, and maybe even how to grow your email list from your posts.
But there’s one area that many bloggers and influencers fail to think about before it's too late… and that’s if your blog is actually legal.
When we say “legal” we don’t mean whether or not it looks professional or if you’ve filed an LLC. A blog can look polished, rank on Google, and still be missing critical legal protections that put you (and your business) at risk.
So if you’re actively blogging (or want to be!), this blog post serves as a practical checklist-style guide to help you understand what it means for a blog to be “legal,” what requirements typically apply, and what documents and disclosures you should have in place as a blogger, especially if you’re monetizing your content in any way!
How To Make Sure Your Blog Is Legal
When talking about having a “legal” blog, what we really mean is compliance.
A compliant blog:
- Clearly communicates rules and expectations to readers
- Discloses how data is collected and used
- Follows FTC guidelines for affiliate links and sponsored content
- Includes appropriate disclaimers based on content type
- Takes reasonable steps toward accessibility
Here’s what that looks like in practice.
You’re transparent about how your blog makes money.
If you use affiliate links, sponsored posts, ads, or partnerships, readers must be informed clearly and conspicuously. Burying a disclosure in a footer or hiding it on a separate page isn’t enough.
Instead, you want to make sure that every blog post that includes sponsored products has very clear disclaimer language right from the get go and it can be something as simple as this:
“NOTE: This blog post contains affiliate links which means I could earn commission if you purchase from my links. This is at no extra cost to you and I only ever recommend products or services that I love and use myself!”
You’re protecting yourself from liability.
Speaking of disclaimers, in addition to disclosing the potential for you to earn money, it’s also important that you have the correct disclaimers in place to protect yourself from liability.
The type of disclaimer you need will vary based on your niche or industry, but the point is that if readers could reasonably interpret your content as advice – whether it’s business, legal, financial, health, wellness, etc. – you need disclaimers that set boundaries around what your content is and isn’t.
How Requirements Differ by Industry
Not all blogs are created equal when it comes to legal risk. The type of content you publish affects what disclaimers and disclosures you need.
Health, Wellness & Fitness Bloggers
If you're sharing workout routines, supplement recommendations, nutrition tips, or wellness advice, your content could be interpreted as health advice — even if that's not your intention. You need a disclaimer that makes clear you're not a licensed medical professional (unless you are) and that readers should consult their doctor before making health decisions. The FDA also has rules about health claims, so be careful about saying a product "cures" or "treats" anything.
Coaching & Business Coaching Bloggers
If you're blogging about business strategy, marketing, mindset, or entrepreneurship – especially if you also offer coaching services – your content walks a fine line. Readers may interpret your blog posts as personalized advice or expect the same results you share in case studies and testimonials.
Your disclaimers should make clear that:
- Your content is educational, not a substitute for professional business, legal, or financial advice
- Results shared are individual experiences and not guaranteed outcomes
- Reading your blog doesn't create a coach-client relationship
And if you're sharing income claims or client results (like "my client hit six figures in 90 days"), the FTC requires those to be truthful, substantiated, and clearly disclosed as non-typical if that's the case. A simple "results vary" isn't always enough — you need context around what's realistic.
Finance & Business Bloggers
Sharing money tips, investment strategies, or business advice? You need a disclaimer clarifying that your content is for educational purposes only and doesn't constitute financial or legal advice. If you're recommending specific financial products, you may also have additional disclosure requirements depending on your affiliations.
Legal Bloggers
If you blog about legal topics (even casually), you need to be crystal clear that your content is informational and does not create an attorney-client relationship. This is non-negotiable.
Parenting & Family Bloggers
Beyond COPPA considerations (see above), if you're sharing content about your children, think carefully about their privacy and what you're putting online permanently. Some bloggers also include disclaimers about parenting advice not being a substitute for professional guidance.
The bottom line: the more your content could be interpreted as professional advice, the stronger your disclaimers need to be.
You’re respecting privacy laws.
If your blog collects any personal data, such as email signups, cookies, analytics, contact forms, you’re expected to disclose that through a privacy policy.
What’s important to know is that a Privacy Policy isn’t just about legal compliance – it’s also about your credibility. Your audience is far more likely to trust you and engage with your content when you’re upfront about how their data is being handled.
And yes, this applies even if you’re “just starting out,” your traffic is low, or if you don’t sell anything yet. Privacy requirements don’t scale with your audience size or by how much money you make!
You’ve clearly set the rules for how people can use your content.
A lot of times when people think about legal agreements, they assume it’s so that the other party is protected. But the reality is that there are certain legal agreements designed to protect YOU!
And your Website Terms of Use is one of them! Something important to realize as a blogger is that your blog isn’t just content – it’s intellectual property, which means it needs to be fully protected from being shared, repurposed, or used in ways you don’t want.
Your Terms of Use spell out what readers are allowed (and not allowed) to do with your blog content and without it, you’re essentially publishing content without ever setting the rules of the road.
You’re not assuming your blog is “covered” just because it exists online.
A common misconception bloggers have is that they’re “just sharing content” or “I’m not selling anything directly.”
And while those might feel true, neither one automatically means your blog is legally protected.
The moment you publish content online – especially content that educates, influences decisions, includes affiliate links, grows an email list, or builds authority – you’re operating in a legal space that comes with real responsibilities.
You don’t have to be selling a product directly for your blog to create liability or require legal safeguards.
Having the right terms, policies, and disclaimers in place is what turns your blog from “content on the internet” into a legally legitimate business asset. And for many bloggers, that line gets crossed long before they ever realize it!
The Key Legal Agreements Every Blogger Needs
If you’re currently blogging and you think you might be missing a few key legal aspects or if you’re starting a blog and want to make sure you cover your legal bases from the very beginning, consider this your checklist that will help you form the foundation of a legally protected blog!
Website Terms of Use
As mentioned above, your Website Terms of Use outline the rules for accessing and using your blog. This is a legally binding agreement between you and ALL of your website visitors that typically covers topics like if or how they can use your website images (including your logo), how they can backlink to your website and even how they can quote your blogs.
This agreement also helps limit your liability for any possible errors, such as typos or technical glitches. Your Website Terms of Use should be displayed in the footer of your site so that it populates on every single page!
Without a Terms of Use Agreement on your website, you run the risk of people stealing your content or misusing your website and you’re left with no legal leg to stand on.
This is a SUPER common issue for those in the blogging and influencing space, so take the necessary steps to protect yourself and avoid yet another legal headache.
Privacy Policy
If you’re selling products or services, tracking your website visitors with cookies, using affiliate marketing or even collecting email addresses, a Privacy Policy is a requirement for your website – not just a recommendation.
And it’s not just to protect your customer or website visitors – it’s also to protect YOU as the business owner.
Although the term “privacy policy” might sound like some scary legal jargon, I promise you it’s really not that complicated.
A Privacy Policy is simply a detailed notice that is published on a website, typically found in the footer, that outlines how that specific website collects, uses and manages a user’s personal information.
A Privacy Policy clearly explains:
- What data you collect
- How it’s stored and used
- Whether third parties (like email platforms or ad networks) are involved
Without a proper Privacy Policy in place, you could be looking at fines under laws like the California Consumer Privacy Act (CCPA) – we're talking $2,500 per unintentional violation and up to $7,500 per intentional violation. And yes, those can add up fast. 🤯
General Disclaimer
Like briefly mentioned above, as a blogger or influencer, you have to take the necessary steps to prevent yourself from liability. This is one of the most overlooked protections for bloggers and it makes sense – you might think the content you’re posting is simply for educational purposes or that you’re simply sharing what works for you.
While that might be your intention, you never know how your audience is going to take the content. They might view it as professional advice, take it as a guarantee, or expect the same results that your content shares.
A disclaimer helps clarify that:
- Your content is for informational/educational purposes
- You’re not providing professional advice
- Readers are responsible for how they apply your content
Having a disclaimer is especially important if your blog covers business or entrepreneurship content, health, wellness or fitness topics, or legal or financial information.
As a blogger, a General Disclaimer can typically cover your bases, but there’s also industry specific disclaimers that you can grab to protect yourself even more!
Affiliate & Sponsorship Disclosures (FTC Compliance)
In addition to protecting yourself from liability, you are also required by the FTC to disclose your affiliate and sponsorship content, so that your audience is fully aware that you are able to earn money from purchases made using links in your content.
The most important thing with these disclosures is that it’s clear, obvious, and placed near the actual content – not hiding in a footer or a separate page no one reads.
This is required for EVERY piece of affiliate or sponsored content, not just a one time thing.
As a blogger, affiliate income likely makes up a big portion of your earnings, so it’s incredibly important that you take all of the necessary steps to protect it! While disclosing your affiliate and sponsored content is a start, there’s also some other things you can do to ensure that your affiliate income is fully protected.
Cookie Policy
If your blog uses cookies for analytics, ads, or tracking, a Cookie Policy may be required, especially if you have international visitors.
This is in ADDITION to your Privacy Policy – they’re two different things! While cookies may be mentioned in your Privacy Policy, that alone isn’t enough.
A Cookie Policy clearly explains what cookies are used, why they’re used, and how visitors can manage them. Together, these two documents create transparency, support compliance, and help protect your blog, especially if you have a growing or international audience.
A Quick Note on GDPR
If your blog attracts readers from the European Union (and if you're online, it probably does), you should know about GDPR aka the General Data Protection Regulation.
GDPR is the EU's privacy law, and it applies to any website that collects data from EU residents, regardless of where you're located. That means if someone in France signs up for your email list or your site drops a cookie on a visitor from Germany, GDPR applies to you.
Here's what that means in practice:
- You need clear, affirmative consent before collecting personal data (no pre-checked boxes)
- Your Privacy Policy must explain what data you collect, why, and how long you keep it
- Visitors have the right to request access to, correction of, or deletion of their data
- Your cookie banner needs to allow users to actually reject cookies, not just "accept"
The good news? If you already have a solid Privacy Policy and Cookie Policy in place, you're most of the way there. Just make sure your policies address these GDPR-specific requirements.
Additional Legal Considerations Bloggers Often Miss
Beyond contracts and policies, there are a few broader compliance issues bloggers should at least be aware of:
Website Accessibility
Website accessibility is something that’s SO overlooked in the online space and unfortunately it can’t be fixed with a legal agreement and instead has everything to do with your website design.
Even though there’s not an official legal agreement for website accessibility, that doesn’t make it any less of a legal requirement and is something to keep in mind when designing your website (or when working with a website designer!).
Website accessibility is about ensuring that all users (including those with visual, auditory, or physical impairments) can access your site’s content and functionality.
Most courts and regulators look to the Web Content Accessibility Guidelines (WCAG) as the standard for what "accessible" actually means. WCAG 2.1 Level AA is the most commonly referenced benchmark and it's what most accessibility lawsuits measure against. If you're working with a web designer, ask them if your site meets WCAG 2.1 AA standards.
While there isn’t one federal law that explicitly spells out every website requirement, several major laws overlap to create a clear expectation that accessibility matters with the two most common being:
- The Americans with Disabilities Act (ADA) has been interpreted by courts to apply to many websites, especially for businesses offering goods or services to the public.
- Section 508 of the Rehabilitation Act requires federal websites to be accessible, setting an example for private businesses.
The good news is that website accessibility really doesn't have to be complicated and can usually be fixed with a few simple changes:
- Add alt text to all images
- Use high-contrast colors for text and background
- Make sure your website is keyboard-navigable
- Provide captions or transcripts for video or audio content
At the end of the day, website accessibility isn’t just about legal protection, it’s about inclusivity for all that may come across your brand and displaying professionalism by communicating that you care about your audience and their specific needs.
FTC Rules Around Claims & Testimonials
Lastly, a huge thing to keep in mind as a blogger is the way that you share reviews or testimonials about products or services.
The FTC (Federal Trade Commission) is responsible for protecting consumers from deceptive marketing practices and that includes the way claims are made online by anyone selling something, but especially bloggers and influencers who many people turn to for product reviews and recommendations.
If your blog includes income claims, results-based testimonials, or health or wellness outcomes, you need to be especially careful about how those claims are presented.
For example, saying “This course helped me make $10,000 in my first month” without any context, disclaimers, or clarification can be misleading to readers who assume those results are typical.
The same goes for statements like “This supplement cured my gut issues” or “My client doubled their revenue in 30 days” without explaining that results vary or that outcomes aren’t guaranteed.
The best way to avoid FTC scrutiny is actually pretty simple: be honest and truthful. Use clear, evidence-based language, add appropriate disclaimers when needed, and avoid presenting someone else’s results as something your readers should expect to achieve themselves!
Email Marketing & CAN-SPAM
If you're growing an email list from your blog (and you should be), there's another set of rules you need to follow: CAN-SPAM.
The CAN-SPAM Act is a U.S. law that sets the rules for commercial emails. Violating it can result in penalties of up to $50,000+ per email — so yeah, it's worth paying attention to.
Here's what CAN-SPAM requires:
- No misleading subject lines – Your subject line has to reflect the actual content of the email
- Identify the message as an ad – If it's promotional, it needs to be clear (though this can be subtle)
- Include your physical address – Every email must include a valid postal address (a P.O. Box works)
- Make unsubscribing easy – You must include a clear, working unsubscribe link
- Honor opt-outs promptly – You have 10 business days to process unsubscribe requests
Most email platforms (like Flodesk, ConvertKit, Mailchimp, etc.) handle a lot of this for you — but it's still your responsibility to make sure you're compliant.
COPPA: A Note for Family & Lifestyle Bloggers
If your blog content could attract children under 13 — think parenting content, kid-friendly recipes, family travel, crafts, etc. — you need to be aware of COPPA (the Children's Online Privacy Protection Act).
COPPA restricts how websites can collect personal information from children under 13. If your blog falls into this category, you may need to:
- Get verifiable parental consent before collecting any data from kids
- Provide clear notice about your data collection practices
- Allow parents to review or delete their child's information
For most lifestyle bloggers, this won't apply — but if your content is kid-focused or family-oriented, it's worth a closer look.
Copyright & Using Other People's Content
As a blogger, you're creating content, but you're probably also using content. Stock photos, embedded videos, quotes from other sources, music in your reels... all of that is subject to copyright law.
A few quick rules of thumb:
- Don't assume it's free to use – Just because an image is on Google doesn't mean you can use it. Always check the license.
- Use royalty-free or licensed images – Sites like Unsplash, Pexels, or paid stock libraries are your friend.
- Credit doesn't replace permission – Giving credit to the creator doesn't make it legal to use their work without permission.
- Consider a DMCA policy – If you want to protect your own content, a DMCA (Digital Millennium Copyright Act) takedown policy gives you a process for requesting removal of your stolen content from other sites.
This goes both ways, protect your own work, and respect others'.
The Contract Bundle Made for Bloggers
When you have all of these legal policies in place, you can live your best influencer and blogger life with your Starbies in hand. 💁🏼♀️
And if you’re totally unsure of what exactly you need in place to monetize your blog legally, The Blog Protection Bundle was created with you in mind!
It’s tailor-made with love for creative bloggers who are ready to turn their passion into profit and includes:
- General Disclaimer – this disclaimer is perfect for anyone using affiliate links or posting sponsored content by keeping everything transparent for your audience and adds a professional touch to your blog that people will appreciate!
- Website Privacy Policy – this simple-to-adapt template helps you get across your privacy practices clearly and confidently. You’ll not only meet all those important legal requirements, but you’ll also build trust with your readers. Win-win, right?
- Website Terms of Use – this handy template helps you protect your hard work, define what’s cool (and not so cool) on your site, and create a welcoming environment for your awesome community.
The Blog Protection Bundle is what we consider to be the secret weapon every blogger needs when monetizing through affiliate links, sponsored posts or commissionable links.
Additional Legal Resources for Bloggers and Influencers
If you’re looking for additional legal resources to ensure that your blog is legal, The Boutique Lawyer has you covered!
Here’s a few of our best resources to help ensure that you’re protecting yourself, your business, your content, and your income:
⭐️ The Essential Guide to Disclosing Sponsored Content
⭐️ Your Passive Income Could Actually Cost You if You Don't Do This
⭐️ 13 Questions to Ask a Lawyer When Starting a Blog for Affiliate Marketing
ABOUT THE AUTHOR, AMBER GILORMO – ATTORNEY AND FOUNDER OF THE BOUTIQUE LAWYER
Amber Gilormo is the cool lawyer behind The Boutique Lawyer – a one-stop contract template shop for creative entrepreneurs, online business owners, coaches, and service providers.
From client agreements to digital product terms and everything in between, our lawyer-drafted templates take the guesswork out of staying legally protected online (no legal jargon required).
Here’s how you can stay connected:
🖋️ Let’s be pen pals! Subscribe to my email list to receive all of my best biz tips and behind the scenes goodies to keep your business bringing in sales (legally of course).
📄Binge the blog to get all of the legal information you need about running a business in a way that actually makes sense to your non-legal brain.
👋 Come hang with me on the ‘gram! I often do AMA’s on stories, so you can submit your specific questions when they come up.