Hi, I’m Italian and I’m starting a job posting website, which is to be hosted on a US server.
Should the website terms of use and privacy policy comply with US or Italian law?
Regarding liability, is it better to run the website as a private person or as a limited company?
Alasdair Taylor's Answer
Depending upon other facts (eg the location of users, the website functionality and the jurisdiction of incorporation of any relevant company), the laws of more than one legal system may apply. If you (or the company running the website) are situated in Italy, then aspects of both Italian and US law will likely apply to the website and business, as well as aspects of other legal regimes. Of course, it is impracticable to employ lawyers to ensure compliance with the laws of every jurisdiction in the world. The most important jurisdiction is usually the home jurisdiction of the website operator (not least because that is where the website operator’s assets are).
For more information about this issue, see:
https://seqlegal.com/blog/how-can-i-ensure-my-website-complies-all-local-and-international-laws
As to your second question, one of the key purposes of a limited company is to limit the liability of the owners and, in the majority of cases, legal risk is reduced by operating through a limited company.