If you’ve ever thought about starting a blog – whether for your business, as a creator, or as a potential income stream – you’ve probably wondered at some point: do I actually need to do anything legally to be a blogger?
The short (yet somewhat confusing) answer is yes… and no.
While there isn’t a license you apply for that suddenly makes you “officially” a blogger, there are legal requirements, compliance rules, and protections you should have in place if you’re consistently publishing content, sharing recommendations, or making money from your blog.
And if you’re planning to blog seriously (meaning not just post occasionally), these things matter a lot more than most people realize.
So in this blog post I’m breaking down what actually qualifies as a blog, what makes someone an official blogger, and the legal requirements you should know before you hit publish.
The Difference Between Being a “Blogger” Versus “Someone With a Blog”
When talking about the legal requirements to be a blogger, it’s important to make the distinction between someone being a true blogger versus someone simply having a blog. Because yes, there's a difference!
Not everyone who has a blog is technically operating as a blogger from a business or legal perspective.
Someone WITH a blog might post occasionally, not monetize content, not collect user data, not promote products or services, and not treat content as part of a business model.
A blogger, on the other hand, is typically publishing content consistently, building an audience intentionally, monetizing (or planning to monetize) content, collecting data (emails, analytics, cookies, etc.), and using content to support business offers, affiliates, or sponsorships.
This distinction matters because the more your blog functions like a business asset, the more legal responsibility you carry.
Here’s a few signs you might be stepping into the true “blogger” category:
✔️ You’re using affiliate links
✔️ You’re accepting sponsorships
✔️ You’re selling products or services
✔️ You’re collecting email addresses
✔️ You’re using cookies or other tools to track visitor behavior
All of these require certain legal compliance, even if you don’t “feel” like a business yet.
Blogger vs Influencer: Why This Matters Legally
In today’s online world, the term “influencer” is used much more commonly than “blogger,” so that’s another important distinction to make. And honestly, this is where things start to overlap!
Bloggers typically focus on written content, drive traffic through SEO, search, or long-form education, and monetize through affiliates, products, or services.
Influencers, on the other hand, typically focus on social-first content, monetize through brand deals and sponsorships, and build audiences primarily on social platforms.
With that said, however, it’s true that most influencers also have blogs on their website! Which means that legally, the rules look very similar once money or recommendations are involved.
Both bloggers and influencers must follow FTC disclosure rules for affiliates and sponsorships, truth-in-advertising standards, and data privacy laws if collecting user data.
So even if you don’t consider yourself an influencer, if you recommend products, share affiliate links, or review services, you still fall under many of the same legal expectations!
What’s Considered a Blog?
At its core, a blog is simply a website (or section of a website) where content is published regularly in article or post format.
Blogs can exist as standalone websites, sections of service-based business websites, creator platforms, and newsletter/blog hybrids (like Substack).
A blog typically includes educational, informational, or opinion-based content, content published on a recurring basis, and content meant to be discovered via search, social, or sharing.
Legal Requirements to be a Blogger
Now that you’re clear on what a blogger actually is, the difference between blogging and influencing, and what’s actually considered a blog, let’s dive into the legal requirements to be a blogger.
As mentioned earlier, there’s no “blogger license,” but there are legal standards you’re expected to follow depending on how you use your blog, including:
Disclosure Compliance
If you use affiliate links, receive free products, publish sponsored content, or make income or results-based claims, you are legally expected to disclose that relationship to your audience.
These disclosures should be easy to find, written in plain language, and placed close to the content they relate to – aka not buried in your footer or hidden inside another policy.
As your blog grows and monetization becomes more consistent, having a dedicated affiliate disclosure becomes even more important because it creates consistency across your content and helps you stay compliant as you scale partnerships and revenue streams!
A simple affiliate disclosure can sound like this in your content:
"This post contains affiliate links, which means I may earn a commission if you make a purchase through these links, at no extra cost to you. I only recommend products and services I love and use myself!"
Your audience needs to understand there's a financial benefit to you. The FTC's Endorsement Guides (16 CFR Part 255) are clear on this: the disclosure has to communicate the material connection between you and the brand. "Affiliate links" alone doesn't do that for most readers.
These FTC rules, which were updated in 2023 and apply to anyone who recommends a product or service and has a material connection to the brand, whether that's payment, free products, or a commission-based link. The FTC has sent warning letters, issued fines, and taken legal action against creators who failed to disclose properly, so this isn't one of those "technically a rule but nobody enforces it" situations. It's very much enforced.
In addition to including an official affiliate disclosure in all of your content (whether it be a blog post or your content on social media), there are a few other strategies you can use to fully protect your affiliate income and we dive deep into each of those here!
Data Privacy Requirements
The moment your blog collects visitor data, whether it be through email opt-ins, contact forms, analytics tools, or cookies, you are responsible for telling users how that data is collected, used, stored, and protected.
This is why both a Privacy Policyand a Cookie Policy matter. Your Privacy Policy explains how personal data is handled overall and is a legal requirement that holds major consequences if you fail to use one.
Your Cookie Policy, on the other hand, specifically explains tracking technologies used on your site and while it’s important to have one (especially if you’re running ads, using analytics, or retargeting), a Cookie Policy on its own isn’t enough to make your website legally compliant.
The specific laws that may apply to your blog depend on where your visitors are located. In the U.S., state privacy laws like the California Consumer Privacy Act (CCPA) require businesses that collect personal information from California residents to have a clear Privacy Policy. Violations can result in fines of $2,500 to $7,500 per incident. If your blog has visitors from Europe (and most blogs do), the EU's General Data Protection Regulation (GDPR) may also apply, with even steeper penalties.
The point? This isn't optional if you're collecting emails, running analytics, or using cookies. And you probably are.
Having BOTH creates transparency and shows readers (and regulators) that you take data protection seriously!
Terms of Use
While privacy policies focus on protecting your visitors, Terms of Use focus on protecting you. A lot of bloggers get these legal agreements confused and think they’re the same thing, but the reality is that these two things serve very different purposes!
Your Terms of Use sets the rules for how people can use your website, your content, and your resources. This becomes especially important if your blog includes educational information, business insights, templates, downloads, or guidance that someone could rely on when making decisions.
Strong Terms of Use help clarify what your content is intended for, what it’s not intended for, and how your intellectual property can and cannot be used by others!
Disclaimers
Disclaimers are essential for bloggers who publish educational, financial, business, legal, health, or results-based content. A well-written disclaimer clarifies that your content is for informational or educational purposes and is not personalized professional advice.
This is particularly important if you share testimonials, case studies, or transformation-style content. Disclaimers help protect you while also building trust with readers because you’re clearly communicating what they should and should not expect from your content!
The type of disclaimer that you need depends on your industry and the type of content you share and you can find the best fit for your blogging niche in The Boutique Lawyer’s Contract Template Shop! When in doubt, a General Disclaimer will typically do the job.
Copyright and Content Protection
Here's something a lot of new bloggers don't think about: you actually own the copyright to your original blog content the moment you write it. That's automatic under U.S. copyright law, no registration required (though registering does give you stronger enforcement options if someone copies your work).
But copyright works both ways. Just like you own your content, other people own theirs. That means you can't just grab images from Google, use someone else's graphics, or copy sections of another blog and call it research. Using other people's content without permission can open you up to copyright infringement claims, even if you didn't mean to.
If you're working with guest writers, freelancers, or anyone else who creates content for your blog, make sure you have a written agreement that covers who owns the final work. Without that, the person who wrote it technically owns the copyright, even if you paid for it.
Business Basics for Monetized Blogs
Once your blog starts generating income, whether through affiliates, sponsorships, ad revenue, or product sales, you're running a business in the eyes of the law (and the IRS).
That means it's worth considering a formal business structure, like an LLC, and making sure you're tracking and reporting your blog income on your taxes. Affiliate commissions, sponsorship payments, and ad revenue are all taxable, even if they're deposited through platforms like Amazon Associates or Mediavine.
We cover business formation in more detail in our post on the legal way to start a copywriting business, and the same steps apply to bloggers too!
Website Accessibility Considerations
Accessibility is often talked about from a user experience perspective, but it also carries legal weight.
Making your website usable for people with disabilities helps reduce legal risk while expanding your audience reach. This can include things like using proper heading structure, adding alt text to images, ensuring strong color contrast, and choosing readable fonts.
Accessibility is an area that carries real legal weight, especially as your blog grows and becomes more commercial. The Americans with Disabilities Act (ADA) has been applied to websites in thousands of lawsuits, and while the risk for a small personal blog is lower, it increases as your traffic, revenue, and audience grow. Beyond the legal side, it's also just about creating content that more people can actually use and benefit from!
Industry-Specific Compliance
Some blogging niches come with additional compliance expectations. For example, bloggers in industries like health, wellness, finance, legal education, or professional services often need to be more careful about how claims are written and how information is presented.
In these spaces, the right combination of disclaimers, content language, and policies matters even more because readers may rely heavily on the information being shared.
Being proactive about compliance in these industries protects both your audience and your business long term!
The Contract Bundle Made for Bloggers
When you have all of these legal policies in place, you can live your best blogger life – legally!
If you’re launching a blog soon or have been running one without having the right legal agreements in place, a great place to start is by implementing the 3 essential legal agreements that every blogger needs – a General Disclaimer, Privacy Policy, and Terms of Use.
And lucky for you, we’ve bundled them all together in The Blog Protection Bundle! This 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).
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