No matter what industry you’re in, you need to know what to look out for legally to protect your business and reputation. SEO is no different.
Avoiding Legal Pitfalls in SEO is pivotal to building an agency that lasts and stays out of PR fires.
Let’s take a closer look at some legal pitfalls in SEO to be aware of, why they’re essential, and 10 steps you can take to protect yourself.
What are Some Legal Pitfalls in SEO to Watch Out For?
SEO has a lot of moving parts. But some of them can actually get you in trouble. You gotta know which tricks are risky so you don’t end up in a bad spot.
Here’s a quick look at some legal pitfalls to consider in the SEO world:
Legal Pitfalls to Watch Out For
- Non-Compliance with Changing Regulations ➜ GDPR (EU), CCPA (California), and ADA (Americans with Disabilities Act) laws change often, and non-compliance, such as not having a cookie consent banner or ignoring accessibility best practices, can lead to costly legal battles.
- Privacy Law Breaches (GDPR, CCPA) ➜ Collecting form data without proper disclosures and user consent can violate privacy laws, possibly exposing you to expensive fines per user violation.
- FTC Violations (False Advertising, Fake Reviews) ➜ The Federal Trade Commission cracks down on deceptive marketing practices, like using fake testimonials or clickbait. This can lead to government-led investigations, fines, and platform bans.
- Black-hat SEO tactics ➜ Deceptive tactics like cloaking, link farming, keyword stuffing, or doorway pages violate Google’s guidelines, which may lead to the complete removal of your pages from search results.
- Indemnification Issues ➜ If your SEO efforts cause penalties or traffic losses for a client, they may sue your agency. Without clear indemnification clauses in your contract, you may be held liable.
- Copyright & Trademark Infringement ➜ Using copyrighted images, plagiarized content, or brand names (even unintentionally) can lead to takedown notices or lawsuits that lead to financial penalties. Make sure only to include original or properly licensed content for safety.
- Algorithm Penalties ➜ Manipulative SEO techniques can trigger manual or algorithmic penalties that lead to ranking drops. Worse, if clients believe they were misled or suffer financial harm, you may be held accountable for breach or deception.
- Unclear Deliverables in Contracts ➜ Ambiguous contracts can lead to client disputes over what was promised—SERP rankings, traffic numbers, or lead volumes. If the SEO work doesn’t meet vague expectations, clients might refuse payment or sue for breach of contract.
Why is it Important to Consider Legal Pitfalls in SEO?
Messing up on the legal side of SEO can seriously mess up your business. We’re talking fines, lawsuits, loss of trust. None of them is good, so it’s best to play it safe.
Now that you know some of the sketchy stuff out there, here’s why it matters:
- Helps you avoid search engine penalties that can destroy a business. Shady SEO tricks, like black-hat link building, can force Google to wipe your client’s website off search results. That means no one finds them, their website tanks, and they might ditch you for someone else, or worse, file a lawsuit.
- Protects your business from contract-related disputes. Clear contracts set clear expectations. That means clients know what they are getting into, and cannot refuse payment if terms are indicated. Having stuff like indemnification clauses in there can save your behind if they get in trouble for something outside your scope.
- Prevents lawsuits and financial penalties. Ignoring legal issues in SEO, like using copyrighted content or breaching privacy laws, can lead to serious consequences. Cease-and-desist orders are the least of your worries because you may face lawsuits and fines, which lead to financial losses. Prevention is far cheaper than dealing with penalties after the fact.
- Ensures compliance with evolving regulations. GDPR, CCPA, and ADA laws are constantly changing, and so must your SEO strategies. Staying compliant means your approaches evolve to meet legal standards. This protects you and your client’s websites from violations and ensures long-term operational security.
- Maintains Business Reputation and Trust. Ethical SEO practices keep you on the good side of the law while also building credibility with users and clients. Conversely, engage in shady tactics and your reputation takes a hit. (And good luck getting it back!)
11 Actionable Steps to Ensure SEO Compliance and Avoid Legal Pitfalls
Now that you know what can go wrong, let’s review 11 steps you can implement to keep your SEO game clean and your agency outta legal hot water.
1. Use only licensed or original content
Never use images, videos, or text from other websites without proper licensing or permission. Always verify copyrights before using content.
For example, if you’re creating a blog post for a client, only use royalty-free images from platforms like Unsplash or Pexels, and always provide proper attribution when necessary. Unauthorized content use can lead to copyright infringement claims.
Using a competitor’s trademark in your meta tags or PPC ads can also lead to a trademark infringement lawsuit. Always make sure you have permission before using third-party content in your campaigns.
2. Get written permission for client testimonials and case studies
Never fabricate or use client testimonials without explicit written consent. If you offer incentives for testimonials, make sure to disclose that.
Agencies must be careful with fake reviews because it’s illegal to post them. The Federal Trade Commission (FTC) enforces strict regulations against misleading endorsements. Paying for a review without disclosing it could land you in legal trouble.
3. Take cybersecurity very seriously
Beyond promoting ethical SEO practices, marketing agencies should also focus on protecting their websites from cyber threats that can harm SEO performance.
Cybersecurity measures, such as monitoring network traffic and server logs, are critical for safeguarding against attacks that could lead to Google penalties or data breaches. Consider using Sigma rules to detect suspicious activity across your site’s log files to quickly identify potential threats that could jeopardize your site’s security and credibility.
Using Sigma Rules in your security setup helps stop bad guys from sneaking in and keeps your site playing by the rules (like GDPR and CCPA).
4. Implement a privacy policy and cookie consent banner
Speaking of GDPR and CCPA, ensure your website complies with these by displaying a clear privacy policy and cookie consent banner. GDPR fines can suck up a chunk of your annual revenue for non-compliance, so stay on top of this.
Use tools like OneTrust or Cookiebot to manage cookie consent. Also, make sure your privacy policy explains how your company collects, stores, and uses user data.
But wait … aren’t cookies going away?
The confusion about cookies “going away” comes from changes in how companies and browsers are handling user privacy and tracking.
For a while, there was a push for more privacy-focused browsing, and some browsers started blocking third-party cookies by default to limit tracking across websites. Google Chrome, which has the largest market share, also announced plans to phase out third-party cookies by 2024, which led to more talk about cookies “disappearing.” And then they took it back. Sort of.
However, cookies themselves aren’t going away entirely. What’s changing is how third-party cookies (used for tracking and advertising across sites) are being handled.
With privacy laws like GDPR and CCPA, there’s a big push to make sure users have more control over their data. So, while third-party cookies are being restricted, first-party cookies (those used for things like keeping you logged into a site) are still in use, and websites can still collect data, but with stricter consent rules.
In short, cookies aren’t disappearing, but how they’re used (and the level of consent required from users) is changing to focus more on privacy.
5. Avoid deceptive SEO practices (clickbait, keyword stuffing, fake listings)
When providing SEO services, be clear and honest in your practices. Avoid using clickbait titles or misleading content to drive traffic.
For example, don’t use phrases like “Best Price Guarantee” if you don’t actually offer one. This could lead to complaints or even legal action.
Always make sure your titles and descriptions match what the content actually delivers. For instance, the following piece clearly supports the title:
Another key point is avoiding keyword stuffing. While keywords help with SEO, cramming too many into your content can make it hard to read and feel unnatural.
Search engines can spot this and may penalize the site. Instead, focus on using relevant keywords in a natural way that improves the content for users.
Also, make sure your Google Business Profile listings, especially the NAP, are accurate and consistent. Listing incorrect business names or locations can confuse potential customers and lead to legal issues.
Keep all information correct and updated to avoid problems. Being transparent and honest in your SEO practices helps with rankings AND builds trust with your audience.
6. Draft legally binding contracts for SEO services
Before providing SEO services, have a clear, legally binding contract in place. This helps avoid confusion and sets expectations for both you and your client. It also protects your agency from clients dropping you with no word.
Start by listing exactly what you’ll handle, such as on-page SEO (like improving keywords, creating content, or fixing site structure) and link building.
Remember to mention what you won’t be doing, like PPC services or promising specific rankings. SEO is a long-term process, and guaranteeing specific results can cause problems down the road.
Your contract should also include indemnification clauses. These clauses protect you if your client uses bad practices (like black-hat SEO tactics) that break Google’s rules. Your agency won’t be held responsible if the client gets penalized for using these methods. This puts the responsibility on the client to protect their business from potential harm.
To further protect your agency, consider including a termination clause in the contract.
This would let either party end the agreement if things aren’t working out or certain conditions aren’t met. It gives you a way out if the client doesn’t follow the rules or the relationship goes sour. Consider having a 30-60 day notice requirement for termination so each of you has time to start transitioning out of the relationship.
Finally, ensure the contract clearly states payment terms—how much the client will pay, when they’ll pay, and any extra fees for services outside the original agreement.
A detailed contract helps avoid misunderstandings, sets clear expectations, and keeps your agency safe from legal or financial trouble.
7. Ensure website accessibility (ADA compliance)
Make sure your client’s website is accessible to everyone, including people with disabilities. This is important for both legal reasons and SEO.
Start by adding alt text to images, using easy-to-read fonts, and ensuring the site works well with screen readers. For those utilizing React web development, implement accessibility features from the start, as React provides tools to enhance accessibility.
You can also use tools like accessiBe to fix many accessibility issues automatically, so you don’t have to do it all manually. They’ll scan the website for problems and suggest quick fixes.
Also, check the color contrast to make sure the text is easy to read for people with vision impairments. You must also test your site to see if users can fully navigate using a keyboard. (And that all buttons and links work without a mouse.)
In the US, businesses that don’t meet ADA standards risk lawsuits, which can lead to fines and damage to their reputation.
In addition, not being ADA-compliant can hurt SEO since Google considers accessibility when ranking sites. When you make your client’s site accessible, you help protect them from legal trouble and boost their SEO performance.
8. Monitor and remove unethical backlinks
Regularly audit your backlink profile to assess whether there are toxic backlinks that need cleaning up. Using backlink checking tools, such as Linkody, helps you expedite this process, so you won’t have to do it manually.
If you find any harmful links, disavow those backlinks immediately to avoid penalties from Google. Linkody automatically builds your list of disavowed links so you can submit them immediately on Google Search Console’s Disavow Tool. This prevents search engines from considering them in your rankings.
Engaging in unethical link-building practices, such as buying links or participating in link farms, can have long-lasting adverse effects. Not only on your rankings but also on your site’s overall reputation.
It’s essential to prioritize clean, organic link-building techniques so your SEO efforts are sustainable and compliant with search engine guidelines.
For example, naturally earn contextual links for your clients by creating link-worthy content. You might help them create industry reports, charts, or in-depth guides to encourage people to link to their site.
Focus on creating valuable content, and backlinks will naturally follow.
9. Avoid bidding on competitor trademarks in PPC
Before bidding on competitor keywords in your Google Ads campaigns, carefully research trademark policies to comply with legal standards.
Specifically, Google Ads restricts the use of competitor trademarks in ad copy or keywords if it causes confusion or implies endorsement.
Essentially, if you use their trademark the wrong way (like in your ad text or in a way that makes it look like they’re backing your business), you could get hit with legal trouble or have your ads pulled.
Make sure you understand the rules and double-check that your ads aren’t confusing or shady. If it feels sneaky, it’s probably not worth it.
10. Train your team on compliance best practices
Train your employees, freelancers, and subcontractors on SEO compliance, privacy laws, and ethical SEO strategies. Implement standard operating procedures (SOPs) so everyone follows the same guidelines for handling data, content, and link-building strategies.
SOPs set clear steps for handling things like data, content, and link-building. This helps reduce the chance of mistakes that could cause legal or ethical problems.
Procedures also make it easier for your team members to do their jobs right.
With SOPs in place, you’re stopping problems before they happen and creating a system where your SEO work supports your business’s growth and trustworthiness.
11. Be in step with SEO updates (especially any legal changes!)
Continue to stay informed about legal changes and SEO best practices.
Subscribe to sources such as Search Engine Journal, the FTC blog, and the IAPP (International Association of Privacy Professionals).
Be sure to regularly review the terms of service for platforms like Google, Facebook, and LinkedIn so your campaigns remain compliant with their rules.
Wrap Up
If you ignore the legal side of SEO, things can go south quickly. Like, business-ending fast. Knowing the risks helps you dodge lawsuits, protect your income, and keep your agency growing.
To mitigate legal risks, marketing agencies and freelancers should:
- Ensure all SEO practices are ethical, transparent, and aligned with business compliance standards.
- Avoid manipulative SEO tactics that could lead to legal disputes or penalties.
- Use contracts with clear terms of service, disclaimers, and indemnifications.
- Stay updated on compliance laws like GDPR, CCPA, and FTC regulations.
PS: Need help tracking backlinks and staying compliant with SEO best practices? Try Linkody.
It’s the easiest way to track your link building—whether for your clients or your own sites!
FAQs
1. Can using copyrighted content in SEO strategies lead to legal issues?
Yes, incorporating copyrighted material without permission can result in copyright infringement claims, legal consequences, and financial penalties.
2. Is using competitors’ brand names as keywords in my SEO campaigns legal?
Using competitors’ trademarks in your SEO, such as in meta tags or PPC campaigns, can violate trademark laws and result in legal action.
3. What are the legal implications of posting fake reviews to boost SEO?
Posting fake reviews is considered deceptive and can lead to violations of consumer protection laws. This can lead to fines and damage to your business’s reputation.
4. How does data privacy regulation impact SEO practices?
Data privacy laws like GDPR and CCPA require transparency in data collection and usage. Non-compliance, such as tracking users without consent, can lead to significant fines.
6. Can failing to make my website accessible affect my SEO legally?
Yes, non-compliance with accessibility standards like the ADA can lead to lawsuits and negatively impact your SEO rankings.
7. Is it legal to scrape data from other websites for SEO purposes?
Scraping data without permission can violate terms of service and copyright laws and potentially lead to legal action.
8. What should be included in SEO contracts to avoid legal issues?
SEO contracts should clearly define deliverables, include indemnification clauses, and outline responsibilities to protect against potential legal disputes.
