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 (England and Wales)
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 England and Wales
- Terms aimed at consumers must be fair and transparent under the Consumer Rights Act 2015. Personal data must be handled under the UK GDPR and the Data Protection Act 2018, and non-essential cookies need consent under the Privacy and Electronic Communications Regulations 2003.
Different rules can apply elsewhere in the UK: see the Scotland 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's powerful, carefully prepared drafting tools turn a short set of plain-English questions into a website and app terms of use under the law of England and Wales, 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 the law of England and Wales, not legal advice.