Heuristics for identifying legal (documentation) risks as a QA

#testing

[This article is not a substitute for professional legal advice. This article does not create an attorney-client relationship, nor is it a solicitation to offer legal advice.]

Companies generally have to follow certain requirements for legal documentation. These are that legal documentation such as Terms and Conditions and the Privacy Policy, amongst other documents, must be

PRESENT
UP-TO-DATE
NOT SKIPPABLE
EASY TO LOCATE AND ACCESS

So if they are BOHNN, you might have an issue.

BYPASS

Find paths that allow users to BYPASS/SKIP the terms and conditions or the privacy policy page/{other relevant documentation check with your company's lawyer/legal team) when signing up for the product, signing into the platform or buying a new service.

OUTDATED

Find links to OUTDATED legal copy documents.

Is the copy on the page - if it's directly on the screen - up-to-date?

Do the links to the documentation page or document go to the correct one?

Is the outdated legal documentation still viewable if/when it's not supposed to be?

When all the legal links/documents/copy were updated on the website, were they really ALL updated? Does it match the rest of the links (if it is supposed to match)?

HIDDEN

Find HIDDEN (links to) legal copy.

A link might be hidden if it blends in with the background colour of the page.

It might also be hidden if it's not accessible from every screen.

MISSING

Find MISSING (links to) legal copy.

A page might be missing references to the relevant legal copy for that page.
A citation might be incorrect.
The footer might be missing references to the legal pages.

NOT AGREE

Find paths that allow users to NOT AGREE to the terms and conditions or the privacy policy (for example) when signing up for the product, or signing into the platform, or buying a new service.

If the site is using checkboxes, is it possible to go to the next screen without ticking the relevant checkbox?

If the site is saying, "if you click accept, you accept these terms", can you go to the next screen without accepting? Or maybe if you go backward and forward you can remove the acceptance and continue on?