Is it legal to create your own website?

So, you’re thinking of building your own website, maybe for your small business, portfolio, blog, or even just for fun. But before you get started launching yourself on the world wide web, you're wondering, “Is it even legal to create your own website?”.

Short answer: Yes. You can absolutely build your own website, and, good news, no-code, internet-hosted platforms have made this easier than ever. No laws are stopping you from setting up a website for yourself, using tools like WordPress, Wix, or Squarespace. However, whilst creating your site is perfectly legal, what you do after it is live is super important. This is especially true if you are:

• Collecting personal information

• Selling products

• Using cookies to track visitors

• Sharing data with third parties like analytics tools, payment providers, or marketing platforms

That's where website legal requirements come in.

In this article, we're going to walk through key things you need to know when creating your own website, so you can stay on the right side of the law. We'll also look at the different legal requirements between UK and US law.

Can I legally build my own website?

To reiterate, before we get into the scary stuff. Yes, you 100% can build your own website. You don’t need a special licence, certificate, or permission to create a website, even if it's for a business.

You can:

• Use a DIY website builder

• Buy your own domain name

• Set up hosting

• Add your content

But, and this is an important “but”, once your site is live, there are a few legal boxes to tick, especially if you're handling personal data (even just an email address). Let’s look at what you need.

Website legal requirements

1. Privacy policy

What is a privacy policy?

A privacy policy explains how your site collects, uses, and protects people’s personal information. Even if you’re just asking for someone’s email via a contact form, you still need to follow data protection law.

Why you need it

• It’s a legal requirement in many places

• It builds trust with visitors, showing what personal information protection you offer

• It helps protect you if anything goes wrong

What to include

• What personal information you collect (e.g. name, email, IP address)

• Why you collect it (e.g. to respond to enquiries, run analytics)

• How you store and protect the data

• Who you share it with (e.g. Mailchimp, Google Analytics)

• How users can request or delete their data

UK vs USA differences

• UK (and European Union): Under GDPR (General Data Protection Regulation), you must have a clear privacy policy. You also need to get consent for collecting data and give users the right to access or delete their information.

• USA: There’s no single federal law, but states like California have their own rules (e.g. the California Consumer Privacy Act). If you get visitors from these areas, you need to comply with the relevant data privacy laws.

If you have a contact form or a newsletter signup, you are collecting personal information, and that means you need a privacy policy.

2. Cookie policy

What is it?

A cookie policy explains what tracking tools your website uses. That might be Google Analytics, Meta Pixel, or anything that saves user preferences, like remembering your login details or what you left in your shopping cart.

Let’s say you’re browsing an online store and you add a pair of trainers to your basket, but you don’t check out. A few hours later, you’re scrolling through Instagram or reading a news article, and suddenly you see an advert for the exact same trainers. That’s not a coincidence. It’s cookies at work.

Your browser saved information about what you viewed, and that data was shared with a third-party tool like Meta Pixel. That tool then helped target you with a “reminder” ad on social media or other websites. This kind of tracking is known as retargeting, and it’s powered by cookies.

That’s why it’s so important to let your website visitors know what tracking technologies you’re using, and, in some countries, to get their explicit consent before setting those cookies.

Why you need it

• Cookies can count as personal data

• Users should know if they’re being tracked

• In some regions, you need permission before use of cookies

What to include

• What types of cookies you use (essential, analytics, marketing)

• Why you use them

• How users can opt out

UK vs USA differences

• UK: Under the PECR and GDPR, you must ask users to accept or reject non-essential cookies (e.g. tracking tools like Google Analytics or Facebook Pixel).

• USA: Laws are looser. In most states, you don’t need permission, but it’s still best practice to be transparent, especially if you serve California residents, who can opt out of tracking.

3. Terms and conditions (T&Cs)

What are they?

Terms and conditions (often shortened to T&Cs) set out the rules for using your website, kind of like the “house rules” you’d post at the front door if your site were a physical shop or office.

They explain what’s allowed, what’s not, and what both you, the website owner, and your users can expect from eachother. Even if your website is small or doesn’t sell anything, T&Cs are a good way to set clear boundaries and protect yourself legally.

Why you need them

• They help protect your site legally

• They outline your rights and responsibilities

• They’re crucial if you run an online store

What to include

• How users can (and can’t) use your site: For example, you might state that users aren’t allowed to copy your content or upload anything offensive.

• Your intellectual property rights: That includes your branding, logo, photos, and blog posts. T&Cs help you make it clear that all of this is yours, not theirs to reuse, protecting you from copyright infringement.

• Disclaimers and limitations of liability: This protects you if someone misuses your advice or if your website goes down unexpectedly.

• What happens if someone breaks the rules: You can reserve the right to ban users, take down content, or take legal action if needed.

• Payment and delivery terms (if you sell something): Things like how payments work, when products are shipped, or how digital services are delivered.

• Returns and refunds: Particularly important for online shops. You’ll need to clearly explain what customers can expect if they change their mind or something goes wrong.

UK vs USA differences

• UK: If you sell products or services, your T&Cs must comply with the Consumer Rights Act. You also need to be clear, fair, and transparent.

• USA: T&Cs need to be easy to find and ideally agreed to via a checkbox (known as "clickwrap"). This helps them stand up in court if there’s a dispute.

Website terms vs service terms

If you run a service-based business, like a car garage, hair salon, law firm, or design agency, there’s something important to understand:

You may need two separate sets of terms and conditions.

Website terms and conditions are the terms of use of your website. They cover things like:

• Who owns your website content

• How users can interact with your site

• Your liability if the site goes down or there’s a typo

• How you handle online enquiries, bookings, or forms

Everyone who visits your site is technically agreeing to these terms of use, just by using the site.

Service terms and conditions are the T&Cs that apply when someone actually becomes a customer. They’re usually shared when you give a quote, someone books a job, or you send a service agreement. These terms are often more detailed and specific to the work you’re doing.

For example, if you run a car garage, your service T&Cs might cover:

• Labour rates and how they're calculated

• Payment terms and deposits

• What happens if a customer cancels or delays

• Warranty information for parts and repairs

• Your responsibilities vs the customer’s (e.g. vehicle must be road-legal)

Imagine someone books their car in for a service via your website. Your website T&Cs might say the site is for informational purposes and that prices are subject to change. But once they accept your quote, your service contract T&Cs kick in, covering things like how long the work will take, whether parts are guaranteed, and when payment is due.

Having both sets of terms is important to stay protected and to set clear expectations, whether someone is browsing your website or actually booking a job.

Other legal pages you might need...

Even if they’re not strictly required, a few other pages can help cover your bases.

4. Disclaimer page

If you're website includes advice or recommendations, a disclaimer page is essential. This is especially true for websites that talk about personal health information, fitness or diet plans, financial advice, legal advice, DIY or home improvement tips, or travel information.

This is to protect you in case anything goes wrong after people have followed your advice.

For example, if you run a fitness blog and someone injures themselves after following your workout, your disclaimer page covers you from any liability. A disclaimer won’t stop them from trying to blame you, but it can help protect you legally by showing that you clearly warned users your content isn’t a substitute for professional advice.

5. Accessibility page

If your website is based in or serves people in the United States, including an accessibility statement is a smart move, and sometimes a legal requirement.

Under the Americans with Disabilities Act (ADA), websites are expected to be accessible to users with disabilities. This means your website must have features like screen reader compatibility, clear navigation and keyboard-only functionalities, to follow ADA website compliance regulations.

An accessibility statement doesn’t guarantee your site is fully accessible, but it shows that you're aware of web accessibility laws. It also outlines what steps you've taken, or are taking. It should also guide users to contact information, in case they're having trouble using your site.

6. Returns and refunds page

If you run an online business that sells anything through your site, that could be products, services or downloads, you’ll want to make your returns and refunds policy crystal clear. This helps you set customer expectations, reduce disputes, and it also ensures you're compliant with consumer protection laws.

What your policy should include:

• How long customers have to request a return

• Who pays for return shipping

• Whether digital products are refundable

• How and when refunds are issued

For ecommerce websites that fall under UK law, online shoppers often have a 14-day cooling-off period, during which they can return most items, even if there’s nothing wrong with them. In the US, return rules vary by state, but having a clear policy helps you stay consistent and professional.

So, is it legal to create your own website?

So, is it legal to create your own website? Yes! And with tools like Squarespace or WordPress, it’s super easy, so long as you're patient and a little tech savvy. However, whilst building is one thing, compliance is another.

Just a few clear legal pages, like a privacy policy, cookie policy, and terms and conditions page, can keep you on the right side of the law and build trust with your audience.

If you’re not sure where to start, there are plenty of legal policy generators online. For complex sites, ecommerce stores, or specific industries, it’s worth having a lawyer look over your legal stuff. Even if you choose to work with a website designer, website legal requirements should still be checked over by a legal professional to offer you the best protection.

Frequently asked questions

Do I need a privacy policy if I just collect emails?

Yes. Even collecting simple personal information like emails requires a privacy policy to explain how you collect, use, and protect that data.

What is the difference between cookie policy and privacy policy?

A privacy policy covers all personal data you collect, while a cookie policy specifically explains how your site uses cookies and tracking technologies.

Do website terms and conditions apply to service contracts?

Not always. Many service businesses have separate T&Cs for the website and a more detailed contract for the actual service or sale.

Are there differences in website legal requirements between the UK and the USA?

Yes. For example, the UK follows GDPR and strict cookie consent laws, while US laws vary by state, like California’s CCPA. Accessibility requirements under ADA also apply mainly in the US.

What other legal pages should I include besides privacy and cookie policies?

It’s good practice to have terms and conditions, disclaimers (especially if you provide advice), accessibility statements, and returns & refunds policies if you sell products or services.