Add documentation section explaining key document types (policy, agreement, legal, guidelines)

[Ndpnt]

Adding a section to the documentation that clarifies the distinctions among document types (Policies, Agreements, Legal, Guidelines…) will enhance understanding of each document's nature and purpose, aiding both in naming new document types and in selecting the appropriate type.

I suggest starting by listing all document types currently in use to identify redundancies. After that, we can select which documents to retain and define them clearly.

[Ndpnt]

Currently it seems that we use the following types:

• Terms
• Policy
• Agreement
• Legal
• Guidelines
• Statement
• Warranty
• Conditions
• Notice

[Ndpnt]

Here’s an example (generated by ChatGPT on a subset) of what it might look like:

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1. Policy

• Definition: A policy is a set of principles, rules, or guidelines created by an organization or governing body to guide decision-making and actions.
• Purpose: It establishes an organization’s internal rules and outlines expected behavior or procedures in specific situations.
• Audience: Typically applies to internal stakeholders (e.g., employees, users) and sometimes external stakeholders (e.g., customers, partners).
• Characteristics:
  • Not always legally binding but can have legal implications if violated.
  • It reflects an organization’s stance on certain issues (e.g., Privacy Policy, Cookie Policy).
  • It can evolve over time as organizational needs or external regulations change.

Example:

• A Privacy Policy outlines how an organization collects, stores, and uses personal data.
• A Whistleblower Policy guides employees on how to report misconduct within the company.

2. Agreement

• Definition: An agreement is a legally binding contract between two or more parties where they mutually consent to certain terms and conditions.
• Purpose: It formalizes a relationship and outlines each party’s rights and obligations.
• Audience: Agreements are between specific parties (e.g., individuals, businesses, or organizations).
• Characteristics:
  • Legally enforceable once all parties sign it.
  • Includes explicit terms, penalties, and dispute resolution mechanisms.
  • Non-compliance can lead to legal consequences.

Example:

• A User Agreement (Terms of Service) specifies the terms under which a user can access and use a platform.
• A Data Processing Agreement governs how one entity processes data on behalf of another in compliance with regulations like the GDPR.

3. Legal

• Definition: "Legal" refers to anything related to the law or the legal system, often encompassing a wide range of documents, obligations, or matters.
• Purpose: The term is more of a category that covers formal and enforceable rules set by legislation or courts.
• Audience: It applies broadly to entities and individuals subject to law.
• Characteristics:
  • It can refer to laws, legal notices, legal processes, or compliance obligations.
  • Anything labeled as "legal" typically refers to a document or action backed by statutory law or regulation.
  • Legal documents can be used in court proceedings if necessary.

Example:

• Legal Notices are formal statements about specific legal rights, like an Imprint required by law in certain jurisdictions (e.g., Germany).
• Law Enforcement Guidelines inform how legal authorities can request information from a company.

4. Guidelines

• Definition: Guidelines are recommendations or best practices intended to steer behavior or decision-making without being mandatory or legally binding.
• Purpose: They provide direction or advice on how certain actions should be taken but do not carry the force of law.
• Audience: Can be aimed at internal or external stakeholders (employees, users, contractors).
• Characteristics:
  • More flexible and less rigid than policies.
  • They may suggest optimal ways to operate but usually leave room for interpretation or adaptation.
  • Non-compliance with guidelines often doesn’t result in legal consequences, but it may lead to operational inefficiencies or conflicts with policies.

Example:

• Community Guidelines recommend behavior and content standards for users on a social media platform.
• Review Guidelines offer advice to developers about the review process for app submissions.

Key Differences

• Formality:

  • Agreements are formal and legally binding, whereas Policies are organizational rules that may or may not have legal weight.
  • Legal documents are rooted in statutory law, regulations, or formal legal obligations.
  • Guidelines are less formal, serving as best practices or advice.

• Legal Standing:

  • Agreements have legal consequences if breached.
  • Policies can be internal rules and may lead to disciplinary action but aren't always enforceable in court unless linked to laws or contracts.
  • Guidelines are generally non-binding and serve as recommended actions.

• Purpose:

  • Policies govern behavior and operations within an organization.
  • Agreements establish and enforce legal relationships between parties.
  • Legal matters focus on compliance with laws and regulations.
  • Guidelines advise on the best approach but allow for discretion.