Are website terms of use legally required?
Not as such, but they are strongly advisable. A privacy notice is legally required if you collect personal data.
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Website and app terms of use (Scotland)
Website or app terms of use set the rules for using your site: acceptable use, ownership of content, disclaimers, liability and governing law. They are separate from terms of sale (if you sell online) and from your privacy notice, which UK data protection law requires whenever you collect personal data.
When you need one
Use them for any public website or app, especially if users can post content, create accounts or rely on information you publish.
What it should contain
Acceptable use
What users must not do.
Intellectual property
Who owns the site content and what users may do with it.
User content
Rules and a licence for anything users post.
Disclaimers
The status of information on the site.
Liability
Limits that are fair to consumers.
Changes and governing law
How the terms are updated, and which law applies.
Points specific to Scotland
- The same consumer, data protection and cookie rules apply in Scotland. A consumer resident in Scotland can usually bring a claim in the Scottish courts, whatever the terms say.
Different rules can apply elsewhere in the UK: see the England and Wales version of this guide.
Common mistakes
- Copying another site's terms that do not fit your business.
- Relying on terms of use instead of a privacy notice.
- Exclusions that are unfair to consumers and so unenforceable.
See a specimen website and app terms of use — a short illustration of the structure and key clauses, laid out as the app produces them.
Quick answers
Can I limit my liability to website users?
Yes, within limits: you cannot exclude liability for death or personal injury caused by negligence, and exclusions against consumers must be fair.
Draft your website and app terms of use now
Be Contract Wise (Scotland)'s powerful, carefully prepared drafting tools turn a short set of plain-English questions into a website and app terms of use under Scots law, laid out to a professional standard, with an explanation of every clause. Simple or complex, export to Word or PDF.
Start drafting — freeBrowse all guidesReviewed 2026-09-24. General legal information about Scots law, not legal advice.