Legal CMS

How a Legal CMS Helps With Enforceable Clickwrap

Legal CMS for Enforceable Clickwrap-02

Ensuring your clickwrap agreements are enforceable is important, but at the end of the day it’s only one task of a million that legal teams are responsible for. Your checklist is long, and it probably grows more and more each day. This is why as a legal ops professional, you need a Legal Content Management System. 

eBook Download: Guide to Legal Content Management Systems

A legal content management system is equipped to handle the time-consuming legal tasks - like creating, tracking, managing, and updating terms - which slow down your business momentum. You can’t afford to go without one, and building one is more time intensive than it lets on.

Homegrown Acceptance Tracking Isn’t Sustainable

Building out a solution in-house for a technical problem isn’t uncommon. But it is easy to be deceived about the amount of upkeep required, especially if you’re trying to track contract acceptance and ensure your clickwrap is enforceable.

While a homegrown solution can often fix the problem you set out to solve, the build vs. buy decision isn’t always made with sustainability in mind. Sure, when stakes are low it may not matter. But protecting your company’s legal compliance is job number one – and any missteps or oversights can create serious consequences.

When new regulations like GDPR or CCPA come into play, it can fundamentally change your online agreement approach. Your internal solution may not be able to collect customer data or manage online terms acceptance the way it was originally built – causing disruptions that can only be solved by a massive investment of time, money, and expertise into the homegrown product.

Plus, unlike legally enforceable clickwrap agreements, acceptance tracking likely has nothing to do with your core strategy or business model. Having to continuously devote legal resources to maintaining internally built technologies means taking time away from something else that’s almost certainly more important. Take if from us, managing clickwrap acceptance is a full-time job on its own.

Related Content: 3 Reasons Homegrown Tracking Acceptance Isn't Sustainable

Your team needs a fast, flexible, and scalable solution that meets everybody’s needs when it comes to online transactions. Ensuring that sales, legal, and product – in addition to your customers – receive this experience is no easy feat. And accomplishing this with a sustainable solution is hard to accomplish with a homegrown system.

What Is a Legal Content Management System?

If legal writes your company’s contract terms but marketing is responsible for publishing them online, how do you avoid stepping on each other’s toes? The answer: a legal content management system.

This technology specifically helps marketing get out of updating legal's terms. Essentially, a legal content management system is a digital home for all of your team’s content. It’s a centralized location where your standardized agreements can be maintained, updated, and distributed. And – just as importantly – it’s a place where back-end records of clickwrap acceptance can be stored and recalled when enforceability issues arise.

Legal content management systems are unique because they have industry-specific capabilities to fulfill your needs. Here’s how it works:

As the legal expert, you assemble the written terms, conditions, and contract language needed while marketing figures out where to put them. If you need to make a change at any time, you are able to do so directly inside the system.

Once they’re ready and marketing knows which clickwrap agreements to put the terms into, the legal content management system automatically publishes them across every contract. That way, you can be sure every deal is legally enforceable and your marketing team can get back to designing the best possible user experience on your digital store.

Beyond this, however, a legal content management system also gives you access to clickwrap acceptance tracking data that was previously held by marketing (or whoever has control of agreement publishing).

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How Does a Legal Content Management System Make Clickwrap More Enforceable?

It’s never been harder to control clickwrap enforceability and the constant flow of online agreements. Legal content management systems give you the best chance to control your company’s terms.

But that’s not the only advantage they offer. Thanks to their centralized design and ability to put users on notice, these systems also likely make your clickwrap agreements more enforceable in court. You don’t need anybody else’s help to access, manage, or report back-end customer acceptance data – ensuring integrity throughout your recordkeeping efforts.

This is important as the number of data privacy laws enacted continues to rise going forward. Proving that users have provided informed consent that you’re using and storing their personal data is difficult if your terms and acceptance records are stored in multiple places. With a legal content management system, this potential issue is non-existent.

Primary Benefits of Legal Content Management System

Instead of problems, your team will experience these four primary benefits using a legal content management system:

Lower Legal Risk

Let’s face it – nobody else has the extensive legal training, knowledge, or skill set that you do in your workplace. So, it doesn’t make sense to ask someone outside of legal (who probably isn’t familiar with industry best practices) to manage your online contract language. In fact, doing so may open up the organization to damaging, costly lawsuits.

A legal content management system gives you the peace of mind that comes with knowing nobody else is building agreements or changing the legal content used in your deals.

Greater Efficiency

If multiple departments are involved in crafting contract terms, it’s a cumbersome process. And your online buyers don’t want to wait while your company goes back and forth before implementing a change.

Legal content management systems eliminate this process – as well as the potential for human error – by instantly updating your clickwrap agreements across the board. No contract will ever be forgotten again.

Related Content: Why CLM Tools Aren't Good Enough

Centralized Agreements

If your legal content is too hard to find or use, you’ve failed to put users on notice. And that’s not exactly a recipe for success when it comes to defending enforceability in court.

Fortunately, a legal content management system guarantees this won’t be the case. These products provide transparency into your library of terms, conditions, and contract acceptance records so active assent can be proven should a lawsuit occur.

Trackable Updates and Version Control

Terms change all the time. So, you need to be able to efficiently manage updates, push new agreements out to users, and collect detailed acceptance records that prove the individual agreed to your latest version.

With a legal content management system, your team can easily track granular-level data points such as who accepted, when they accepted, what their screen looked like at the time of acceptance, and which version of the agreement they accepted – key evidence that helps you prove your clickwrap agreements are legally enforceable.

Download our eBook,A Guide to Legal Content Management Systems for Online Marketplaces, to learn more!

Download the Guide to Legal Content Management Systems


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