Website Acceptable Use Policy

What is a website acceptable use policy?

A website acceptable use policy (AUP) explains how website users can gain access to and use a website. This acceptable use policy can be used by website operators that are based in the United Kingdom.

What are the differences between terms and conditions of use and an acceptable use policy?

The purpose of an acceptable use policy is to set out the standards and rules that website users must comply with whenever they use or access the website. This type of policy document is not legally binding.

The terms and conditions of use will endeavour to create a binding contract with the website user. The terms and conditions will often refer to and incorporate an acceptable use policy.

Is it mandatory to have an acceptable use policy?

No, it is not mandatory to hold an acceptable use policy. It is however sensible and best practice to have a policy of this nature. Online safety laws are currently being updated so that website owners will soon have a duty of care to:

• prevent the use of their services for criminal activity
• safeguard children

What has to be done once the acceptable use policy is ready?

The acceptable use policy can be finalised and placed on the website, in an easily accessible location. The website operator should ensure that any terms and conditions of use refer to and provide a link to the acceptable use policy.

What other documents might be required alongside an acceptable use policy?

A website will need to hold other policies and documents, which refer to or may be read alongside the acceptable use policy. This might include:

• a privacy policy
• a cookie policy
• terms and conditions of use
• terms and conditions of sale
• a complaints policy

Can all websites use the same type of acceptable use policy?

This acceptable use policy can be used for a variety of different websites. However, a website operator should consider whether it may need a specialist policy if it carries out activities that are regulated or restricted in some way. A regulatory body may impose certain requirements on a website, including certain acceptable use provisions which should be used.

Websites that are aimed towards children should consider the specialist advice that is available on the Information Commissioner's Office website.

How long should an acceptable use policy last for?

An acceptable use policy can remain in place indefinitely. The website operator should ensure the policy is updated from time to time to make sure that the information is accurate and in line with all relevant legal provisions.

What should an acceptable use policy contain?

An acceptable use policy should:

• provide contact details for the website operator
• explain what the purpose of the policy is
• list the ways in which the website may be used (permitted use)
• list the ways in which the website should not be used (prohibited use)
• outline the expected content standards for posting on the website, where applicable
• explain what will happen if the policy is not adhered to
• explain how any disputes in relation to the policy will be dealt with

What laws apply to an acceptable use policy?

The main legal frameworks applicable to an acceptable use policy are:

• The Consumer Rights Act 2015
• The Company, Limited Liability Partnership and Business (Names and Trading Disclosures) Regulations 2015
• The Equality Act 2010
• The Contracts (Rights of Third Parties) Act 1999
• The Communications Act 2003

The governing/supervisory body for upholding information rights is the Information Commissioner's Office (the ICO).

The Office of Communications (Ofcom) is the regulator for Online Safety.

The Online Safety Act 2023 is due to come into effect in 2024.

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