Terms & Conditions vs. Privacy Policy: What Your Website Actually Needs

When you’re setting up a business website, the legal stuff can feel confusing—especially when people start throwing around terms like “Privacy Policy” and “Terms & Conditions.” Are they the same thing? Do you need both? And what happens if you skip one?

Let’s break it down.

What’s a Privacy Policy?

A Privacy Policy explains how you collect, store, use, and protect people’s personal information on your website.

Think email addresses, names, payment details, or even browsing behaviour. If you’re collecting any of that—through a contact form, newsletter sign-up, or payment gateway—you need a Privacy Policy. In many countries, this isn’t just best practice; it’s legally required.

✅ You need a Privacy Policy if you:

  • Collect contact details or customer information
  • Use analytics tools (like Google Analytics)
  • Run ads or use cookies to track user behaviour
  • Sell products or services online

It tells users: “We see your data. Here’s what we’re doing with it—and what we’re not.”

What Are Terms & Conditions?

Terms & Conditions (T&Cs) are more like the rules of using your site. They help set boundaries for what users can and can’t do, and protect your business legally.

They might include:

  • Guidelines for using your content
  • Refund or cancellation policies
  • Disclaimers for liability (especially if you offer advice or services)
  • Intellectual property clauses

Think of it as your website’s user manual + safety net.

✅ You need Terms & Conditions if you:

  • Sell products or offer paid services
  • Want to protect your content or brand
  • Need to limit your legal liability
  • Offer downloadable resources or user-generated content

Why You Might Need Both

Here’s the thing: Privacy Policies and Terms & Conditions do different jobs. One protects your users’ data; the other protects your business.

Having both makes your site more trustworthy—and keeps you legally covered from multiple angles.

Plus, if you ever plan to:

  • Run ads
  • Work with international users
  • Scale your business
    …you’ll want these documents ready from day one.

How to Get Yours Done

You don’t need to be a lawyer to get this right. But you do need to avoid copy-pasting someone else’s. Your business has its own risks and responsibilities.

At Counsel by Enle, we help founders get their legal basics sorted, without the fluff or jargon. Whether you’re just starting out or scaling up, we’ll help you get clear, custom, and compliant.

🔒 Need help writing your Privacy Policy or T&Cs?
Let’s talk: counsel.enle.org

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