The challenge is that writing solid terms from scratch isn’t simple. You need legal expertise. And while you might avoid hiring a pricey lawyer by trying free templates or using AI, they often miss important clauses and nuances.

That’s why many businesses turn to a terms and conditions generator.

But not all generators are built the same.

In this guide, we’ll compare 6 of the best terms and conditions generators, so you can find one that’s right for you. And we’ll delve into the details of what you need to know about this important document along the way.

Terms and conditions generator comparison: at a glance

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	iubenda	Complianz	Enzuzo	Termly	Shopify	TermsFeed
Tailored to your business model				Limited template-based		Limited template-based
Legal expert backing						Unclear
Updates as laws evolve				Updates templates but not your document		Notifications only
Unlimited edits without republishing				Limited customization	Unclear	Requires payment
Multi-language support					Limited	Limited
All-in-one digital compliance suite
Customer satisfaction	4.7/5 (Capterra)	4.9/5 (WordPress)	3.6/5 (Trustpilot)	4.3/5 (G2)	1/5 (Trustpilot)	4.5/5 (G2)
Recommended for	Businesses of all sizes and industries	WordPress users	E-commerce businesses	Businesses that need a basic document without deep customization	Shopify users	Businesses that need a basic template-driven document

What are terms and conditions?

Terms and conditions are a legal agreement between you and the people who use your website, app, or service. They outline how your service works, what you expect from users, and what happens if someone breaks the rules.

By using your website or service, users typically agree to these terms. That agreement forms a contract. And that contract helps protect your intellectual property, clarify responsibilities, and reduce the risk of disputes.

Terms and conditions exist to protect your business and its revenue while setting clear expectations for your users.

What’s the difference between terms and conditions, terms of use, and terms of service?

Terms and conditions, terms of use, and terms of service all refer to the same type of legal agreement between a business and its users. The names are interchangeable.

You might also see them referred to as:

• Terms of Service (ToS)
• Terms of Use
• End-User License Agreement (EULA)
• General Conditions
• Legal Notes

Why do you need terms and conditions?

Terms and conditions might not be a requirement, depending on where your business operates. But that doesn’t mean you should skip them.

Because terms and conditions form a legally binding contract that can reduce legal risk and protect your business and its revenue if disputes arise. Without clear terms in place, you leave room for confusion around payments, refunds, intellectual property, liability, and more.

What’s more, a proper terms and conditions document adds to your credibility, increasing brand trust. And it sets clear expectations which create a smooth customer journey, contributing to more conversions.

What should you include in terms and conditions?

Your terms and conditions should be easy to find and simple to understand. What you include will depend on your business model. A SaaS platform won’t need the same clauses as a blog, for example. But most businesses should cover the following:

• Your business details
• A description of your services
• Conditions of using your website and services
• Payment terms
• Refunds and cancellations
• Intellectual property
• Limitation of liability and disclaimers
• Service interruptions
• Applicable law

What to look for in a terms and conditions generator

A strong terms and conditions generator should:

Build terms and conditions around your business, not a generic template

The best terms and conditions generators will guide you through relevant questions and build your terms around your answers. Whether you run subscriptions, sell digital products, ship physical goods, or allow user-generated content, your document should reflect those nuances.

That’s why copying a generic template from the internet isn’t enough. Templates often miss important clauses or include provisions that don’t apply to your setup. And when your document doesn’t match your business model, you create gaps that can weaken your protection.

Include the essential clauses

Your generator should automatically cover the key areas most businesses need, such as payment terms, cancellation rules, limitation of liability, intellectual property, and applicable law.

The best terms and conditions generators come with legal backing, so you don’t have to wonder whether you’ve missed something important.

Create a living document

Your business will evolve. You may update pricing, launch new services, expand into new markets, or change internal policies. And regulations in your country may change too.

That’s why a reliable generator shouldn’t just produce a one-off PDF. It should help you manage a living document that you can revise and republish as your business and local regulations shift.

The best terms and conditions generators

1. iubenda

iubenda offers a Terms and Conditions Generator built to create a tailored, living document that matches your unique business setup.

Instead of relying on static templates, iubenda structures your terms around how your business actually operates. Whether you run an online store, SaaS platform, mobile app, or content website, you can generate a document that reflects your pricing model, service structure, and legal requirements.

And because iubenda forms part of a wider digital compliance suite, you can manage other legal documents, consent, and accessibility. All in one place.

Standout features

• 100+ lawyer-written clauses designed for a wide range of business models
• Available in 15+ languages
• Terms update as laws evolve, no need for manual edits
• Unlimited edits that refresh your terms and conditions in real time, without needing to republish
• Guided setup tailored to your business

Best for

Businesses, apps, and websites of all sizes and industries that want lawyer-backed terms that evolve as their operations grow.

Pros

• Intuitive, user-friendly interface
• Thorough customization based on how your business operates
• Quick to generate and easy to edit
• Scales smoothly from small websites to complex, multi-product businesses
• Flexible enough for e-commerce, SaaS providers, apps, and content platforms
• Works for apps as well as websites
• Includes access to a responsive live support team
• Forms part of a wider all-in-one digital compliance suite
• 150,000+ customers trust the platform including Lamborghini, UNICEF, and Sony Music

Cons

• Requires a paid subscription

Pricing

• Paid plans start at just €19.99/month

What people say

Users find iubenda easy to use and praise the excellent customer support. People also highlight that it’s quick and makes generating legal documents easier.

2. Complianz

Complianz offers a standalone terms and conditions generator designed for WordPress users. You can use it on its own or alongside the full Complianz Cookie Consent plugin, depending on what you need.

The generator guides you through relevant questions and helps you produce a document that reflects how your business operates.

Standout features

• Clauses that cover affiliate marketing, platforms like WooCommerce, digital and physical goods, and online services
• Multi-language support
• Simple, guided setup

Best for

WordPress users who want an easy way to generate tailored terms and conditions directly within their website environment.

Pros

• Allows you to create customized terms and conditions that reflect your business operations
• Quickly generates a thorough terms and conditions document
• Free to use
• Works independently or alongside the full Complianz Cookie Consent plugin
• Comes with backing from legal experts

Cons

• You need a paid subscription to their Cookie Consent plugin if you want access to more compliance tools

Pricing

• Free for the terms and conditions generator
• Paid plans for additional digital compliance tools start from €59/year (less than €5/month)

What people say

WordPress users have rated the plugin 4.9 stars, highlighting its speed, ease of use, and effectiveness. Many see it as a perfect companion to Complianz’s Cookie Consent plugin.

3. Enzuzo

Enzuzo offers a terms and conditions generator aimed at e-commerce businesses. The platform combines legal document templates with consent and privacy tools, positioning itself as a lightweight compliance solution for online stores.

Standout features

• Multi-language support
• Updates templates if regulations change
• Available on WordPress and Shopify

Best for

E-commerce businesses that want a template-based terms and conditions generator integrated with their website platform.

Pros

• Comes with the backing of legal professionals
• Works with major platforms and website builders

Cons

• Relies heavily on templates rather than fully tailored clauses
• Requires a paid plan to access important clauses such as payments, user submissions, and dispute handling
• Requires a paid plan to edit and customize your terms or add additional languages
• Can be difficult to edit generated legal documents
• Offers limited customization compared to more advanced generators
• Some users report slow support response times

Pricing

• Limited free plan available for basic terms and conditions
• Paid plans start from $9/month, with additional clauses and customization features only available on upgraded tiers

What people say

Some users feel the platform is intuitive to use, but others mention that it’s difficult to edit generated legal documents. Users also highlight problems with paid subscriptions and support.

4. Termly

Termly provides a terms and conditions generator built around predefined templates. The platform focuses on simplicity, offering a guided questionnaire that helps users produce a basic legal document quickly.

Standout features

• Multi-language support
• Works for websites, mobile apps, and online stores
• Includes clauses for niche scenarios such as SMS marketing and contests
• Supports platforms including WordPress, Shopify, Wix, WooCommerce, and GoDaddy

Best for

Businesses that need a basic, template-based terms and conditions document and don’t require deep customization.

Pros

• Step-by-step guided setup
• Clean and easy-to-navigate interface

Cons

• Policies rely heavily on templates which aren’t easily customizable
• Can negatively impact WordPress site performance
• Poor technical support
• Heavily template-based, with limited flexibility for nuanced business models
• Legal document customization options are limited

Pricing

• Terms and conditions generator is free to use

What people say

While some users like the practical interface, others have expressed their frustration with the technical support team, limited customization, and occasional unreliability of the platform.

5. Shopify

Shopify offers a built-in terms and conditions generator designed for merchants using its e-commerce platform. The tool provides a simple way to generate a policy quickly, particularly for store owners who want a starting point without leaving the Shopify ecosystem.

However, the generator functions primarily as a template tool rather than a fully tailored document builder.

Standout features

• Limited multi-language support for policy creation
• Legal experts have developed and reviewed the generator
• Includes suggestions to help you customize your terms

Best for

E-commerce businesses that already operate on Shopify and want a basic starting point for their terms and conditions.

Pros

• Quick to generate, with the document delivered to your inbox within minutes
• Targets e-commerce use cases
• Convenient for Shopify store owners who want a simple setup

Cons

• Poor customer support
• Relies on a generic template structure
• Requires manual editing to customize clauses
• Customization can be difficult without legal expertise
• Offers limited flexibility beyond standard e-commerce scenarios

Pricing

• Limited free trial with a duration that depends on your region
• Pricing starts from $5/month, though access to certain features depends on your subscription tier

What people say

While users like how the platform is easy to use, many have difficulties with in-depth customization and Shopify’s limited features. Shopify also has a 1 star rating on Trustpilot from over 1k reviews.

6. TermsFeed

TermsFeed offers a template-based terms and conditions generator designed for websites and apps. The platform guides users through a questionnaire and produces a downloadable legal document based on their answers.

Standout features

• Download your terms and conditions in multiple formats
• Update your document using a Live Editor
• Receive notifications when laws change that may affect your terms
• Free hosting page available for your terms and conditions

Best for

Websites and apps that need a basic, template-driven terms and conditions document.

Pros

• Quick to generate

Cons

• Places certain essential clauses behind a paywall, even when local regulations may require them
• Uses a pay-per-clause model that increases costs as you add necessary protections
• Can be unreliable, adding in information that may not be correct for your business
• Limited multi-language support
• Restricts editing unless you pay

Pricing

• Limited free plan available with option to purchase additional “premium” clauses at varying prices

What people say

Although the website suggests the generator is “100% free”, there are complaints about how that isn’t actually true. Users mention that it’s expensive for something they have to edit manually.

Choose terms that grow with your business

Clear terms and conditions protect revenue, reduce disputes, and give your business room to grow.

A basic terms and conditions template might help you publish something quickly. But as your products, pricing, and markets evolve, along with local regulations, your terms need to evolve too.

The best terms and conditions generators reflect how your business actually works, cover essential clauses without hidden gaps, and let you manage your document as a living agreement, rather than a one-off file.

If you want a solution built around real business models, backed by legal expertise, iubenda gives you that flexibility as part of an all-in-one digital compliance suite.

The bottom line? Start with terms that protect where your business is today and support where you’re going next.

The post Which is the best terms and conditions generator? 6 tools compared for 2026 appeared first on Compliance Solutions for Websites, Apps and Organizations | iubenda.

They’re those little data files that a user downloads when visiting your site. They enable shopping carts to remember items, users to save login details, and allow you to track user behavior, with consent, to improve your marketing.

And if you’re using cookies, you’ll need a cookie policy to help comply with international privacy regulations like the General Data Protection Regulation (GDPR) and ePrivacy Directive.

The good news is that you don’t need to write one from scratch yourself. A cookie policy generator can create one for you in minutes.

In this guide, we’ll help you find the best cookie policy generator for your website. Because there are a lot of them out there, and not all of them are the right solution for your site.

In a moment, you’ll discover what a cookie policy should include, what to look for in a generator, and how 6 of the most popular solutions compare.

That way you’ll easily find the best cookie policy generator for your site. One that fits your needs now and continues to support you as your setup evolves.

Cookie policy generator comparison: At a glance

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	iubenda	Complianz	Termly	CookieYes	TermsFeed	Docue
Automatic cookie scanning
Legal expert backing				Unclear	Unclear
Notifies you as laws evolve				Unclear	Manual update required	Unclear, but updates template clauses as laws change
Multi-language support
All-in-one digital compliance suite
Scales across multiple sites & regions			Limited	Limited	Limited
Customer satisfaction	4.7/5 (Capterra)	4.8/5 (WordPress)	4.3/5 (G2)	4.6/5 (AppSumo)	4.5/5 (G2)	1.5/5 (Capterra)
Price	Free plan available. Paid plans from €4.99/month	Free plan available. Paid plans from €59/year (less than €5/month)	Free plan available. Paid plans from $10/month	Free plan available. Paid plans from €9/month per domain	Limited free plan available. Varied one-time clause pricing	Paid plans from £39/month
Recommended for	Businesses of all sizes	WordPress & Shopify users	Small businesses with simple websites	Small, static websites	Small, static websites	UK-based businesses

What is a cookie policy?

A cookie policy explains:

• What types of cookies and trackers your site uses
• Why you use them
• How a user can manage or refuse them

What’s the difference between a cookie policy and a privacy policy?

A privacy policy is a broader document covering all the ways your business handles personal data (like names, emails, and payments), while a cookie policy is a specialized document that focuses specifically on the cookies your website uses.

What’s the difference between a cookie policy and a cookie banner?

While a cookie policy provides a full explanation of the cookies on your site and their purpose, a cookie banner gives users a way to accept, reject, or manage cookies before non-essential tracking starts.

Why is a cookie policy important?

Privacy regulations like GDPR, the ePrivacy Directive, the California Consumer Privacy Act (CCPA), and others require websites to provide cookie policies in a clear and accessible way.

Beyond compliance, a cookie policy is good for business. It shows users that you take transparency and data privacy seriously, building trust in your brand which contributes to more sales in the long run. And with that trust, users are more likely to consent to your collection of data for better marketing insights.

What should a cookie policy include?

While it may vary slightly depending on what regions your website is active in, generally a cookie policy should include the below in clear, accessible language:

• The types of cookies you use – For example, essential cookies, analytics cookies, and advertising cookies.
• The purpose of each cookie category – Users should understand why each type of cookie exists and what it helps you do.
• Information about third parties – If external services place cookies on your site, the policy should clearly identify them and explain their role.
• Cookie duration – How long cookies remain active on a user’s device.
• How users can manage their choices – This includes instructions on changing preferences, withdrawing consent, or updating settings later on.

What should you look for in a cookie policy generator?

Here are the key features to consider when evaluating a cookie policy generator:

Accuracy based on real cookie usage

A reliable generator creates a policy that reflects the cookies and third-party services your site actually uses. A great feature to keep an eye out for is a powerful automatic cookie scanner; it’ll help you ensure your policy doesn’t miss a thing.

Legal reliability

The best cookie policy generators come with the backing of legal experts, so your policy is more likely to align with privacy regulations.

Updates as your site and laws evolve

Look for a generator that keeps your cookie policy in sync with your site. When you add new tools or services, your policy should reflect those changes. And as privacy requirements shift, you’ll get notified so you can review without starting from scratch.

Ability to scale with your site

What works for a single website might not work for multiple domains, regions, or languages. Generators built to scale make it easier to manage policies as your business grows internationally.

The best cookie policy generators

1. iubenda

iubenda’s cookie policy generator keeps your policies current as laws change. Its legal team monitors regulatory updates and refreshes available clauses, so when something changes, you add the update in a click without rebuilding from scratch.

It also connects policy generation with site scanning, keeping your disclosures accurate as your site evolves.

The generator is part of iubenda’s connected compliance solutions, giving you access to legal document generation, cookie banners, consent management, and more, all from one place.

Standout features

• Automated cookie scanner detects your website’s cookies and services, so you can quickly generate accurate cookie policies
• A team of legal experts write and update policy clauses
• Instant notifications when privacy regulations evolve
• Available in 27 languages and covers the world’s major privacy laws like GDPR, CCPA/CPRA and other US State Laws, FADP, and LGPD
• Centralized management across multiple websites and domains

Best for

Individuals and businesses that want easy, attorney-quality cookie policy generation and other digital compliance solutions in one place.

Pros

• Easy to generate accurate policies that reflect actual cookie usage
• Reduces manual updates as cookies, vendors or regulations change
• Scales easily from simple sites to complex, multi-domain setups
• Easy to use
• Part of a wider digital compliance suite, with solutions for creating cookie banners, improving accessibility and more
• Excellent customer support that stays with you until they resolve your issue
• Trusted by over 150,000 organizations including Honda, Sony Music, and UNICEF

Cons

• Access to some of the advanced solutions in the suite requires a paid plan

Pricing

• Free plan available with everything you need for low-traffic sites
• Paid plans start at just €4.99/month

What people say

Users consistently mention ease of use, excellent customer support, and how the platform simplifies complex compliance requirements. Users also highlight its affordability and value, given that it offers a full range of solutions for digital compliance.

2. Complianz

Complianz is a cookie policy and consent management plugin built for WordPress and Shopify. Install it directly from your CMS and it gets to work right away.

Its hybrid cookie scanner detects the trackers running on your site, so your policy reflects what’s actually there. As your site changes, rescan and update to match.

It also handles cookie banner setup and records visitor preferences, keeping your consent logs in order.

Standout features

• Built-in hybrid site scanner identifies active cookies and services
• Generates a thorough and accurate cookie policy based on scanner findings
• Synchronizes with cookiedatabase.org, allowing you to automatically populate your Cookie Policy with clear, up-to-date descriptions of what each cookie does, who the service provider is, and how long until the data expires
• Compatible with multiple regions and privacy laws, including GDPR and CCPA
• Legal documents available in 49 languages

Best for

WordPress and Shopify users who want a complete plugin to manage cookie policies and consent.

Pros

• Easy to install and configure
• Trusted by 1 million users
• Backed by legal experts
• 30-day money-back guarantee

Cons

• Advanced features require a paid plan

Pricing

• Free plan available
• Paid plans start from €59/year (less than €5 a month)

What people say

WordPress users highlight easy setup and an intuitive interface. And on Shopify, the plugin comes with top reviews for the support team. 

3. Termly

Termly offers a cookie policy generator combined with consent tools. The platform focuses on predefined templates for document generation and offers a guided setup process.

Standout features

• Cookie policy generator built around predefined templates
• Cookie scanner
• Coverage for common privacy frameworks such as GDPR and CCPA
• WordPress integration via plugin

Best for

Individuals and small businesses with simple websites that need to publish a cookie policy quickly.

Pros

• Guided setup
• Simple interface

Cons

• Policies rely heavily on templates which aren’t easily customizable and don’t update as the regulations evolve
• Limited flexibility, especially for multi-region setups
• Using it for multiple websites can get expensive
• Can negatively impact WordPress site performance

Pricing

• Free plan available with limited features
• Paid plans start from $10/month
• Costs increase based on pageviews and feature access

What people say

Users praise the easy setup process, but highlight Termly’s limitations with multi-region compliance and customization, as well as poor customer service. Many WordPress users complain about the tool slowing site performance.

4. CookieYes

CookieYes offers a cookie policy generator that allows you to create your own policy based on a template. It does have a cookie scanner to help with generating the policy, but it often requires manual oversight.

Standout features

• Cookie policy generator combined with a basic site scanner
• Monthly scan to update your list of cookies
• Available as a WordPress and Shopify plugin

Best for

Small websites that want to publish a cookie policy quickly and don’t expect frequent changes to their tracking setup.

Pros

• Quick setup
• Allows for more manual intervention

Cons

• Basic cookie scanning. The tool sometimes struggles to auto-detect and categorize cookies, requiring more manual oversight
• Can be expensive if you have multiple domains and high traffic
• Limited multi-language support
• Customization can sometimes be difficult

Pricing

• Free plan available with limited functionality
• Paid plans start at €9/month per domain

What people say

Reviews mention good customer support but limited features and issues with customization. Some users also mention poor website performance on mobile devices as a result of using CookieYes.

5. TermsFeed

TermsFeed is a lightweight legal document generator. It lets you build a customized cookie policy, privacy policy, and terms and conditions document through a template-based flow.

Standout features

• Cookie policy generator based on templates
• Support for multiple types of legal documents
• Customization through guided questions
• Supports 10 languages

Best for

TermsFeed works best for individuals and small businesses that want to generate basic legal documents for static sites where manual updates are manageable.

Pros

• Simple cookie policy generation
• Covers multiple legal document types in one place
• WordPress integration

Cons

• Doesn’t have a comprehensive cookie scanner to help you create an accurate cookie policy
• Notifies you when there are changes in regulations, but you need to update your policy manually
• Users must manually update documents as their sites change
• Limited scalability for multi-site or multi-region setups
• It’s marketed as free, but there are certain “premium clauses” that you have to purchase.

Pricing

• Offers a limited free policy option that isn’t tailored for compliance with GDPR and other privacy regulations
• One-time payments with varied pricing for specific clauses in legal documents

What people say

While users mention that it’s quick to generate a cookie policy, reviews also frequently mention difficulties with the payment process, with some highlighting that they find TermsFeed expensive for what it offers.

6. Docue

Docue is a British legal document generation tool that helps businesses create and manage contracts and legal documents, including privacy-related policies.

The platform’s focus is on legal contracts rather than on full digital compliance.

Standout features

• Cookie policy and other legal document creation
• Template-based policy generation
• Clauses written and updated by a team of lawyers

Best for

Businesses with relatively static websites that handle consent and cookie management elsewhere.

Pros

• Helps generate a cookie policy that’s compliant with UK GDPR
• Allows you to tailor the document to what you need by using templated clauses

Cons

• Isn’t designed specifically for cookie policies or consent management
• No built-in cookie scanning or consent tools
• While lawyers update templates based on regulation changes, you have to manually update your policy when there are changes to your website’s cookies
• Doesn’t support international privacy regulations besides United Kingdom GDPR
• No multi-language support

Pricing

• No free plan publicly available
• Pricing starts at £39/month with an annual subscription

What people say

Some users appreciate Docue’s ability to quickly and easily generate legal documents but many mention how they feel misled by the platform’s pricing.

Choose the best cookie policy generator for your website and your business

The best cookie policy generator is one that helps you create a policy that evolves with your site as well as changing regulations.

And, if it’s a part of a wider suite of digital compliance solutions, like iubenda, you’ll not only have the best value for money but greater support for your business’ growth.

Because when you show your users that you respect their privacy by providing a cookie policy, along with solutions for consent management, you’ll be positioning your brand as transparent and trustworthy.

That kind of trust is invaluable for building customer relationships that sustain your business for the long run.

The post The best cookie policy generator in 2026: compare features, pricing, and reviews appeared first on Compliance Solutions for Websites, Apps and Organizations | iubenda.

However, Section 107 of the Law grants the fair use of copyrighted work, which is not considered a copyright infringement.

In this article, we explain what fair use is, when it applies, and how you can write a fair use disclaimer.

What is Fair Use?

When we talk about copyright, we refer to the exclusive right of the creator of an original work – be it a photograph, a song, a video, an artwork, etc. – to use it.

However, the Copyright Law of the United States allows an exception, that is, fair use.

According to Section 107, people may use copyrighted content for, among others, the following reasons:

• criticism;
• comment;
• news reporting;
• teaching;
• scholarship or research.

The above uses are generally not considered copyright infringement, but this doesn’t mean that you can just copy the work of another person and profit from it. In fact, there are four factors to consider when determining fair use.

The Four Factors of Fair Use

When determining if the use of copyrighted work can be considered fair use, judges use four parameters, which are outlined in Section 107:

1. the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
2. the nature of the copyrighted work;
3. the amount and substantiality of the portion used in relation to the copyrighted work as a whole;
4. and the effect of the use upon the potential market for or value of the copyrighted work.

Let’s examine them one by one.

1. Purpose and character of the use

The first thing that is observed is the purpose of the use. Is it for a commercial purpose or without the goal of generating profit? Does it fall in the specified purposes for fair use(criticism, comment, news reporting, teaching, scholarship, or research)?

In general, non-profit uses are more likely to be considered fair, but this is not a rule. It depends on the circumstances.

Moreover, if you add something new and contribute to the public discourse with a “transformative” approach, you have greater chances of falling into fair use.

“Transformative use” means that the new work adds new expression, meaning, or message to the original copyrighted material, rather than merely copying it.

2. Nature of the copyrighted work

The second factor is the nature of the copyrighted work. Is it factual or creative work?

Courts are more likely to grant fair use if a factual copyrighted work was used, such as a biography, a news article, or research. On the other hand, copyright is applied more strictly when a creative work is involved, such as a novel, a movie, or a song.

The published or unpublished nature of the work may also influence the decision. Copyright applies even if the work hasn’t been published yet.

3. Amount and substantiality of the work

This factor analyzes both the quantity and quality of the copyrighted work that was used. There is no guide that tells you exactly how much of a copyrighted work you can use, but it depends on the circumstances.

Overall, an extensive use of a copyrighted work is less likely to be considered fair use. You should limit your use to what is necessary to fulfill your purpose or convey your message.

4. Effect of the use

This factor analyzes how the use of the copyrighted work impacts the existing or future market of the copyright owner.

Of course, courts tend to favor the copyright owner, since the widespread use of a protected work can harm their revenue or potential revenue.

What is a Fair Use Disclaimer?

A fair use disclaimer is a statement that communicates that you are using a copyrighted work on the basis of fair use, and you are aware of the limitations that apply. It also specifies that you do not own the copyrighted work you’re reporting.

It’s very common on websites that have an educational purpose, YouTube videos, articles and reviews, and more.

How Do You Write a Copyright Disclaimer for Fair Use?

When you write a fair use disclaimer, you need to include a few important points:

1. State that the content is being used under fair use: specify that you are using copyrighted content for the purposes allowed by Section 107.
2. Acknowledge that you are not the copyright holder: make it clear that you do not own the content you’re using, and the copyright belongs to the original creator.
3. Explain the purpose of the use: explain the purpose of using the material, whether it’s for educational, commentary, or critical purposes.

Here’s how these elements come together:

Examples of Fair Use Disclaimer

Now let’s take a look at some fair use disclaimer examples, to see how this disclaimer is used.

The Louisiana Office of Student Financial Assistance (LOSFA) added a fair use statement on its website, to make clear that the copyrighted content is for educational purposes only.

The same did the Fort Worth Garden Club, which stated that the pictures used on the website are for educational and entertainment purposes.

About us

Attorney-level solutions to make your websites and apps compliant with the law across multiple countries and legislations.

www.iubenda.com

The post Fair Use Disclaimer: What It Is and How To Write It appeared first on Compliance Solutions for Websites, Apps and Organizations | iubenda.

In this article, we’ll go through the different categories of web cookies, explaining what they are and what they’re used for.

What Are Cookies on the Internet?

Website cookies are small text files that websites install on a user’s device or browser. They can have different purposes, such as helping a website work properly, remembering your preferences, or tracking your online behavior to give you a more personalized experience.

Cookies are often the cause of privacy concerns, but there are actually many different types of Internet cookies, and a lot of them are used to allow a website to function.

Now, let’s dive into the list of different types of cookies, divided by source, duration, necessity, and function.

Different Types of Web Cookies

By Source

Cookies can be divided into two categories based on their source

First-party cookies

These cookies are created and stored directly by the website you visit. They are very common because they help with core functionality, such as remembering login information, preferences, language, and more.

Examples of first-party cookies are:

• user_session: it keeps the user logged into their account on a website.
• language: it remembers the language selected by the user.
• wishlist: it saves products that the user has marked as favorites.
• theme_mode: it remembers whether the user prefers a light or dark mode on the website.

Third-party cookies

Third-party cookies are created and stored on websites that are different from the one you are visiting. Typically, third-party cookies are present when a site uses third-party services to incorporate images, social media plugins, or advertising.

Examples of third-party cookies are the ones used for:

• Retargeting.
• Cross-site tracking.
• Targeted Advertising.

By Duration

Web cookies can also have a different lifetime. Some types of cookies only last for a session, while others can be stored for longer.

Session Cookies

As the name suggests, this type of cookie lasts only for a session – that is, for the time that you spend on a specific website.

These cookies create a session ID and help the website remember the user’s actions or selections within a single browsing session. Once the session ends, they are deleted.

An example of a session cookie is cart_items . This cookie remembers the items you save in your shopping cart on an e-commerce website.

Persistent Cookies

On the other hand, persistent cookies are stored on the user’s device for a specified period or until they are manually deleted. They retain information for future visits, both for the website’s functionality, advertising, and analytics.

An example of a persistent cookie is the “Remember me” cookie, which allows you to save your credentials for future logins.

By Necessity

You’ve probably noticed that websites often give you the choice of accepting all cookies or continuing only with the strictly necessary ones.

The difference in this type of internet cookies lies in the consent requirements that apply to them: in some jurisdictions, strictly necessary cookies don’t need consent to be installed on a user’s device, but non-necessary cookies do.

Strictly Necessary Cookies or Technical Cookies

Strictly necessary cookies are essential for the basic functioning of a website: without them, certain services may not be possible. That’s why you don’t need explicit consent to run this kind of cookie.

Examples of essential cookies are the ones that allow the authentication, security, and technical functioning of a website, such as load-balancing cookies, which distribute traffic across different servers to ensure the website loads efficiently and without performance issues.

Non-necessary or Tracking Cookies

On the other hand, non-necessary cookies aren’t necessary for the correct functioning of a website, but they can improve the user experience.

These cookies are also called tracking cookies, because they can track the user’s online behavior for different purposes, such as targeted advertising, analytics, or marketing.

Since they may be perceived as invasive and cause concerns, some legislations regulate their use.

Under the EU ePrivacy Directive (Cookie Law), you always need explicit consent from the user before installing tracking cookies. If the user denies their consent, then tracking cookies must be blocked and can’t be installed.

By Function

Then, we can divide cookies by their function. Cookies can have many different functions, but we’ve gathered the most popular ones below.

Functional cookies

Functional cookies are different from technical cookies. They are not strictly necessary for the website to work, but they still enable helpful features. For example, a live chat, interactive content, or the authentication with a Google or Facebook account.

Performance Cookies

These cookies collect anonymous data to track how users interact with the site, allowing the site to improve its performance. They are also called analytics cookies.

Performance cookies can be both first-party – if they are managed directly by the website owner – or third-party, if the website uses a third-party service for its analytics. One popular example of this is Google Analytics.

Marketing Cookies

Marketing cookies have two main goals: to deliver personalized advertising or marketing content to users, and to measure the performance of marketing campaigns.

Examples of marketing cookies are the Facebook Pixel and Google Ads Cookies, which are both used for ads and targeted advertising.

Which Types of Internet Cookies Need Consent?

As we already mentioned, cookies are often regulated because they can be invasive of the users’ privacy if used improperly.

In the EU, cookies are regulated by the ePrivacy Directive, also called Cookie Law.

The Cookie Law identifies only two exemptions to the consent requirement:

1. The communication exemption: cookies whose sole purpose is to carry out the transmission of a communication over a network don’t need consent. For example, the load balancing cookie.
2. The strictly necessary exemption: cookies that are essential to provide a service requested by the user don’t need consent. For example, cookies that remember credentials, language, items in the shopping cart, or other technical cookies.

This means that all other types of internet cookies need explicit, prior consent to run.

Other legislations apply different requirements.

For example, although not explicitly regulating cookies, the California Consumer Privacy Act adopts a so-called opt-out approach. This allows you to collect and process personal data, including through cookies, without prior consent. However, it requires you to inform your website’s visitors and give them an easy way to withdraw consent for certain processing activities.

How to Manage Cookie Consent on Your Website

Requirements vary across different legislations, but in general you should:

• Show a cookie banner when a user visits your website for the first time. The cookie banner should inform your users that you’re using cookies and ask for their consent to install non-necessary cookies.
• Have a cookie policy, where you explain in detail why you’re using cookies and what kind of cookies you’re using. You should link your cookie policy to your cookie banner, too.
• Block cookies from running before the user accepts cookies and when consent is denied.

A Consent Management Platform can help you with that.

iubenda’s Privacy Controls and Cookie Solution

If you’re looking for an easy tool to manage cookie consent on your website, our Privacy Controls and Cookie Solution is the right solution for you. It allows you to:

Create your cookie banner in a few clicks and customize it to match your brand identity.

Create your cookie policy with all necessary details.

Block cookies from running when needed.

Moreover, thanks to its geolocation feature, our CMP helps you apply the right standards based on the location of your users. In this way, you won’t need to implement different configurations manually.

Curious to give it a try?

About us

Cookie consent management for the ePrivacy, GDPR and CCPA

www.iubenda.com

The post What are the Different Types of Internet Cookies? appeared first on Compliance Solutions for Websites, Apps and Organizations | iubenda.

In this guide, we explain what website tracking is, how it works, and how you can use it in line with data protection legislation.

How Does Website Tracking Work?

Web tracking uses different types of tracking technology to gather user data on a website and track their behavior.

Let’s take a closer look at these tracking technologies.

Cookies

Cookies are little text files that a website places on a user’s browser when they visit the site and track the user’s behavior.

In general, cookies collect information about internet habits, prior visits, search history, and so on. With this gathered information, cookies allow websites to remember users and their preferences, allowing sites to customize page content to the user.

IP Address Tracking

Another example of web tracking technology is IP address tracking.

When you visit a website, your IP address is logged together with details about your location, time, and the page you visited. This kind of tracking is used to determine the geographical location of users and recognize visitors from the same network.

Tracking Pixels

Tracking pixels are tiny, 1×1 images embedded in websites or emails.

When you load a page or open an email containing a tracking pixel, it triggers a request to the server, which collects information about your IP address, browser type, or time of access.

Device Fingerprinting

Device fingerprinting is a technique that identifies devices based on their unique characteristics.

Websites analyze factors like screen resolution, browser type, operating system, fonts, and plugins to create a fingerprint of your device.

Examples of Online Tracking

The technologies we described above can be used for different reasons. Examples of online tracking are:

• Retargeting: Retargeting relies on cookies or pixels to track your visits and display relevant ads later. Have you ever searched for something to buy online, and then had ads for the same product pop up everywhere? That’s retargeting!
• Website analytics: As we said above, websites can use user tracking to gain insights into their performance. Where is the traffic to the website coming from? What pages are performing better? What could be improved? Website tracking can help gather this information and guide optimization.
• Email Tracking: Same as website analytics, tracking pixels embedded in emails can gather information about open or bounce rates, location, or device.
• Cross-site tracking: The tracking can happen either on the website you’re visiting or be cross-site. Cross-site tracking relies on third-party trackers, that “follow” users across multiple websites to analyze their behavior. This kind of tracking can be used to show users personalized ads.

Benefits and Concerns of Web Tracking

As you can understand, from a business perspective, the benefits of web tracking are many. Web tracking can improve the performance of a website or marketing campaign, resulting in better spending and greater revenue.

On the other hand, from a user’s point of view, web tracking can somehow feel like an invasion of privacy, even though it results in a more personalized web experience.

For this reason, data protection laws regulate the use of website tracking.

How To Use Website Tracking and Comply With the Law

If you own a website and are resorting to web tracking, it’s important to know which law applies to you, to comply with the right requirements.

EU GDPR and Cookie Law

In the European Union, trackers are regulated by both the General Data Protection Regulation (GDPR) and the ePrivacy Directive, also called Cookie Law.

To use trackers in the right way, you must:

• Get your users’ consent through a cookie consent banner.
• Provide a cookie policy, where you explain what trackers you use and why.
• Block trackers from running before consent and when consent is denied.
• Keep a record of cookie consent.

California’s CCPA

Under CCPA, you can process personal data (including through cookies and trackers) without your users’ consent. However, you must provide an easy way to stop behavioral advertising and the sale and sharing of their personal information (opt-out). This is typically done through a “Do Not Sell or Share My Personal Information” link.

Other US State Laws

The CCPA is only one of the many state privacy laws effective in the US: Virginia, Connecticut, Utah, and Colorado, among others, have also enacted their privacy laws.

When it comes to personal data processing, most of them have similar requirements to the CCPA:

• You must inform your users about your processing activities (including those performed through cookies and trackers.
• You must provide them with a way to opt out of certain processing activities.

Brazil’s LGPD

Brazil’s Lei Geral de Proteção de Dados Pessoais mirrors the EU’s GDPR in many ways.

For example, the LGPD also requires explicit consent. In addition, the Brazilian DPA has published its guidelines on cookies and trackers, which mention consent as a necessary condition for the installation of trackers.

Do you use trackers? iubenda can help you with that!

If you don’t know where to start in meeting these requirements, getting the right tools can be what you need to do!

Our Privacy Controls and Cookie Solution helps you meet web tracking requirements across multiple legislations.

Create your cookie consent banner to get consent from your users, block cookies from running and keep a cookie preference log, as legally required.

And you can do all this without limiting your performance!

About us

Cookie consent management for the ePrivacy, GDPR and CCPA

www.iubenda.com

The post Understanding Website Tracking: What It Is and How It Works appeared first on Compliance Solutions for Websites, Apps and Organizations | iubenda.