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Startup legal — the operator's orientation

**Educational only — not legal advice.** Laws differ wildly by jurisdiction; this is orientation, not advice. When the stakes are real, talk to a lawyer admitted in your country.

Last updated May 19, 2026

Who this is for

Founders setting up their first company structure.

What you'll learn

  • The minimum legal stack every founder needs
  • Founder agreement basics that prevent the next 10 fights
  • IP assignment — the one thing nobody can skip
  • Privacy + terms that pass app-store and payment processor review
  • When the cost of a lawyer is cheaper than the cost of not having one
Run your legal readiness check

The minimum stack

For most first-time founders, the actual minimum is shorter than online "checklists" suggest:

  1. Entity — appropriate for your country and tax situation. (C-corp Delaware for US venture-backable, LLC for US lifestyle, Ltd in UK, Pty in AU, etc.)
  2. Founder agreement — even if solo. Vesting, IP, equity split, what happens if a co-founder leaves.
  3. IP assignment — every founder, every contractor, every employee, in writing, assigning their work to the company.
  4. Privacy policy + terms of service — required by app stores, payment processors, and most jurisdictions if you serve EU/UK users.
  5. Standard customer agreement — even one paragraph is better than nothing.
  6. Tax registration — VAT, sales tax, etc. as appropriate to your country.

Anything else (employment law, securities filings, complex IP) depends on stage and country.

Founder agreement — the document that prevents 10 fights

Even if you're solo today, write a one-page founder agreement now. Future-you will thank you.

What it should cover:

  • Equity split. And the principle behind it. 50/50 is not the answer just because it's fair on day one.
  • Vesting. Standard is 4 years with a 1-year cliff. The founder who leaves at month 8 shouldn't keep 50%.
  • IP assignment. All work product belongs to the company.
  • Decision rights. Who decides hiring, fundraising, product direction? Define before you disagree.
  • Exit triggers. What happens if a founder wants to leave? What if you both want different things?

The cost of writing this in year 1 is ~$1k. The cost of fixing it in year 3 after a fight is often the company itself.

Privacy + GDPR for tiny teams

If you serve EU/UK users (you almost certainly do unless you've blocked them at the firewall), the minimum:

  • Privacy policy that's accurate, not boilerplate. Generic policies copied from another site fail any real audit.
  • Lawful basis documented for every data collection point (consent, contract, legitimate interest).
  • Data deletion mechanism. Users must be able to delete themselves.
  • Sub-processor list, kept current. Every SaaS that touches user data needs a signed DPA.

When to actually worry beyond this:

  • 250+ employees
  • Regulated industries (health, finance, education of minors)
  • Special category data (health, biometric, etc.)

The GDPR for Tiny SaaS guide covers the practical pieces.

When to call a lawyer

Most founders either over-lawyer (paying for unnecessary advice early) or under-lawyer (skipping advice when it would have saved a year of pain). Real triggers to talk to one:

  • Before you sign a term sheet, ever. Worth the $1-2k.
  • Founder split disputes beyond what your founder agreement covers.
  • First employment offer if you're operating in multiple countries.
  • Customer contract with a Fortune 1000. Their paper is built to bury you; you need help to negotiate the bury-clauses.
  • Trademark dispute of any kind.
  • Privacy / data breach. Even small ones in regulated industries.

Don't call one for: routine privacy policy boilerplate, basic SaaS terms, standard contractor agreements. Templates work; one annual review is enough.

Step-by-step action plan

Do these, in order

  1. 1Choose your entity type for your country
  2. 2Write or update your founder agreement
  3. 3Sign IP assignment with every contractor you've used
  4. 4Audit your privacy policy against actual data flows
  5. 5Identify your one annual legal review touchpoint

Frequently asked questions

Should I incorporate in Delaware?
If you're US-based and planning to raise venture: yes. If you're UK/EU/AU and planning to stay local: probably no. The 'flip-up' to Delaware can be done later if needed. Don't optimise for fundraising you're not yet doing.
Do I need a lawyer for my privacy policy?
Educational templates are fine for first launch. A lawyer review becomes valuable once you handle special category data, operate in multiple jurisdictions, or serve B2B customers who'll due-diligence your policy.
What about trademarks?
Run a search in your primary market before you spend money on a logo or domain. $300 of preventative search beats a $30k rebrand at seed.

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