Having commercial insurance for your online business is an important part of your risk management strategies, along with having written contracts and considering your legal structure.

There are five important types of commercial insurance that you should consider for your online business:

Commercial General Liability Policy ("CGL")

A CGL policy is the basic liability policy that every business requires.  You may think of it as relating to having a physical space, but it also includes some important additional coverages. 

A CGL policy primarily covers two main risks  (1) Bodily Injury to third parties - think someone slipping and falling on your premises and (2) Property damage to third party property.  These could happen on your business premises, on public property or at a client’s premises and could result from your actions or inactions of you or your employees.

A CGL policy may also contain important extensions including a Non-Owned Automobile Liability...

Podcasts continue to grow in popularity, including for business owners who are looking to generate new leads, establish their expertise and grow their community.

As with other aspects of business, there are some legal issues to be considered.  Here are my top 5 legal tips:

#1 - The content of your podcast is protected by copyright law and owned by the host.

This copyright protection, which is worldwide, is automatic upon creation.  The creator of the podcast (the host) has the exclusive right to use this content unless permission (i.e. a license) is given.  You can assert your rights through a copyright notice - i.e. (c) Legal Essentials Inc. 2021.  All Rights Reserved.  Advanced tip - if you have co-hosts for your podcast, you should agree on who owns what upfront (like a prenup) in case you decide to part ways.

#2 - If you have a separate podcast producer from the host, you should have a legal agreement with them.  

This agreement should...

This article originally published in 2021 has been updated in March 2024.

If you have built a new website or have done a refresh to your old website (to get rid of the website shame you were feeling), congratulations!

A lot of business owners that I talk to have either not focused on the legal requirements for their website or are relying on their web developers or web designers to include what they need.

Don't Assume Your Web Person Has Got This Handled

In my experience, most web developers and web designers are focused on the user experience and design of your website, but not the legal stuff.  They may pull a template from somewhere, but very few of them customize the website templates for Canadians and for your specific business needs.

So what to do?  I’ve got you covered.

Privacy Policy - You are required by law in Canada (PIPEDA and provincial laws) to have a privacy policy when you are collecting “personal information”.  Personal...

Registering a trademark can be an important part of protecting your business brand online.  

If you want to read more about how copyright protects your content online, you can refer to this article.

So if you are in the early days of creating your brand, there are a couple of things to be thinking about before you spend a ton of money and energy on marketing. 

The most obvious first step is to do a Canadian trademark search so that you know that there are no similar words or logos that are already registered for your category of goods or services.

But an often overlooked NEXT STEP is to think about whether the brand - being a product name, for instance, is too DESCRIPTIVE, to be registered (and therefore protected as a Trademark.

From the Trademark Guide of Canadian Intellectual Property Office (CIPO), these are some trademarks that can not be registered:

Trademarks that are generally unregistrable include the following:

1. Names and surnames;
2. Clearly descriptive...

Congratulations on starting your online business.  Whether you have been running this business offline for a while or whether this is a brand new business to you, there are a lot of things to think about legally, especially for Canadian online businesses.

This article will help you understand what you need to do legally to protect yourself and your business and to set yourself up for success on a strong legal foundation.

The Four Legal Protections To Put On Your Website

When you have an online business, your website is where you welcome new people.  It’s like your storefront on the internet.  You may have spent some time making your website look sharp and tweaking your message and content, but you also need these four legal things:

1. Privacy Policy - You are required by law in Canada (PIPEDA and provincial laws) to have a privacy policy when you are collecting “personal information”.  Your privacy policy will contain certain information including...

My online business mentor, Amy Porterfield, just released a podcast episode this week with US Attorney, Ashley Kirkwood, talking about protecting your online content.  I highly recommend that you listen to that episode here.

As a reminder, copyright laws protect your content.  Trademark laws protect your brand.

One of the recommendations, which I completely agree with, is to do a trademark search BEFORE you launch a new online course or digital product to make sure you are not infringing on anyone's trademarks.

I have already gotten questions from two business owners who listened to this episode about how to do a Trademark Search for Canada.  

To do a trademark search, you will find the Canadian Trademarks Database on the Government of Canada website.  The link is here.

If you click on "Additional Search Options" you can narrow your search in "Category" to Trademarks and under "Type" to Work Marks.  This will help to give you more relevant search results.

...

The Merriam-Webster dictionary defines a "template" as:

- a gauge, pattern, or mold used as a guide to the form of a piece being made
- something that establishes or serves as a pattern

One of the ways that I strive to help Canadians doing business online is through the creation of made-in-Canada legal templates.

A good template serves as a guide - not just an example of a type of document. The difference is you will know what parts may need to be customized and what parts are a key part of the structure.

And all legal templates should be specific to your home country - using UK or US legal documents for Canadian businesses means the template will not be the best fit.

You also need to understand when to use which template.  A good template will give you some context for its use and let you know when it may not be appropriate to use.

I have been talking a lot recently about the importance of protecting your business online.  An important piece of this is to understand how to use copyright and trademark laws to your benefit.

It is easy to get confused about the differences between copyright protection and trademarks.

The best way that I can boil it down is that Copyright protects your content.  Trademarks protect your brand.

Copyright laws (in Canada and internationally through treaties) protect the original content that you create and publish. Online courses, blog posts, photos, podcasts, ebooks, songs can all be copyrighted works.

Copyright protection is automatic upon publication of an original work.  Registration is possible (and easy!) but not required.

Using the © symbol along with a copyright notice is a good preventative measure. i.e. © Legal Essentials Inc. 2020. All Rights Reserved.

Trademarks protect elements of your brand which can include business names, product names, slogans,...

When you are asking people to contribute to the creation of content of your business, you should get them to sign a release form .

This will give your business the right to use the content, including in its original form and repurposing the content.

You may be taking pictures or videos at events, recording a podcast or using client testimonials in your promotions.

Using content created by other people for commercial purposes without their written permission could involve risks for your business including damage to your reputation.

In this video, I am talking about how I use Affiliates to promote my digital programs.

As with any legal relationships, it is good to get all of the expectations in writing so that you are both on the same page.