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Drafting general terms and conditions for your website involves arranging six standard components: permitted use, intellectual property, disclaimer and liability, external links, modifications, and a reference to your privacy statement. Each component serves a specific purpose; together, they form a clear framework between you and your visitors. Below, we will review them, including the pitfalls applicable under Dutch law.
The short answer
- Regulate permitted use and prohibited behavior.
- Register intellectual property rights for your content.
- Include a disclaimer and a careful limitation of liability.
- Control external links and any user content.
- Add an amendment clause with date and version.
- Refer to your privacy statement (and cookie statement).
Drafting terms and conditions for the website: start with usage
Anyone wishing to draft general terms and conditions for a website starts with the terms of use. These state what a visitor is allowed to do and what not: no abuse, no disruption of operation, no automated reading (scraping), and no posting unlawful content in comments or forms.
If your site has a login, forum, or upload function, make this part more robust. Arrange for the ability to deny access and block accounts, and ensure that users are responsible for the content they add. For a purely informative site, it can be more concise.
Registering intellectual property
The IP clause confirms that texts, photos, videos, logos, and design are protected by copyright (and sometimes trademark law) and belong to you or your licensors. Include a provision stating that copying, reproduction, or reuse without written permission is not allowed.
If you use third-party images yourself (stock photos, purchased content), make sure your licenses are in order — otherwise, you are claiming rights you do not have.
Disclaimer and liability
This is the most legally sensitive part. In the disclaimer, you state that you compile the information carefully but do not guarantee its complete accuracy or currency, and that no rights can be derived from the content.
An important limit applies to the limitation of liability: under Dutch law, you cannot exclude liability for intent or willful recklessness. If your site targets consumers, additional limitations apply — unreasonably burdensome clauses can be annulled. Therefore, formulate the limitation within the statutory scope rather than stating “excluding everything”.
External links and changes
The linking clause stipulates that you have no influence on the content of sites to which you link and accept no responsibility for it. You often also regulate the conditions under which others may link to you.
The amendment clause gives you the right to modify the terms and conditions. State that the most recent version applies to the site and include a date or version number. This ensures that it is established later which version was in effect.
Reference to the privacy statement
Personal data does not belong in the terms of use, but in a separate privacy statement under the GDPR. In the terms, you only include a brief reference: the privacy statement applies to the processing of personal data.
Place cookies in a separate cookie statement. This way, the three documents — terms, privacy, and cookies — remain clearly separated and easy to maintain.
Publish and make searchable
Terms and conditions only work if visitors can reasonably be aware of them. Place a clear link in the footer and, where relevant, with forms or when creating an account. Ensure the text is readable and downloadable or printable.
Practical example: an SME service provider copied the terms and conditions of a competitor, including provisions that applied to the competitor's webshop. His own site did not have a webshop, as a result of which the text was partially incorrect and unnecessarily confusing for visitors.
Honest recommendation
For a simple, informative site without login, uploads, or sales, you can often draft the terms and conditions yourself using good standard text — in that case, you don't need a lawyer. Just ensure that the limitation of liability remains within legal limits and that you refer to your privacy statement.
Do seek help as soon as your site has accounts, user content, paid features, downloads, or international visitors. At that point, the terms and conditions become intertwined with sales law, consumer law, and the GDPR, and custom text is worth the money.
Read more or get started immediately: view general terms and conditions for the website, read what website terms are , or discover what it costs to have them drafted.
Frequently Asked Questions
Six standard components: permitted use and prohibited conduct, intellectual property, disclaimer and liability, external links, an amendment clause, and a reference to the privacy statement. For sites requiring login or uploading, user terms are added.
Unwise. You often adopt provisions that do not fit your site and may be infringing copyright. Moreover, you lack customization for your features. At most, use a reliable template as a starting point and adapt it.
Formulate the limitation within the law: intent and conscious recklessness cannot be excluded, and additional limits apply to consumers. Carefully limit liability for damage caused by the use of the site, rather than categorically excluding everything.
No, cookies belong in a separate cookie statement and personal data in the privacy statement. In the website terms and conditions, you only include a brief reference so that the three documents remain separate and maintainable.
With a clear link in the footer and, where relevant, with forms or account registration. Terms and conditions only bind visitors if they can reasonably be expected to know them. Ensure that the text is readable and printable or downloadable.
Yes. Put a date or version number on the terms and conditions and state that the most recent version applies. This way, in the event of a dispute, it is established which version was in effect, and you can implement changes transparently.
If you sell products or services via the site: yes. Terms of sale govern delivery, payment, warranty, and termination, and are separate from the terms of use. Many entrepreneurs have both documents plus a privacy statement.
