Website Privacy Policy Requirements

If you have a business and your business has a website, chances are you need a privacy policy to be compliant with privacy laws. Failure to do so can result in huge fines or prosecution.

This week I’m researching privacy laws for my own purposes as I develop a website for my law firm but I thought I’d share some of the things I’m learning.

A privacy policy is basically a type of online contract between a company and the users of its website. Though a user may never read it, they impliedly agree to its terms by using the website.

PRIVACY POLICY ARE REQUIRED

Commercial website operators and online services that are accessible to California consumers are legally obligated to develop and post privacy policies on their websites. This means that you do not need to be a California company to be required to abide by this law, you just need to possibly service someone in California. Similar laws apply to other states, countries, and for companies dealing with residents of Europe under the GDPR.

The basic purpose is disclosure. You must tell consumers what data you are collecting and for what purpose.

All privacy policies must be catered to the individual company. No single privacy policy works for all companies doing business online. A good privacy policy must be specifically tailored to a company’s requirements.

The GDPR or CCPA may apply to your website depending on your location and business activities. An accurate opinion for your situation should be obtained from a lawyer who can draft and implement a policy that complies with applicable laws and reflect your business and data collection practices.

If you have a website that serves California residents, feel free to send me your email if you’d like a copy of a general privacy policy that is in compliance with California privacy laws. It is probably not sufficient as-is for your needs, but it’s a good base to start off of.

Lastly, I will leave you with a quote from a privacy & cybersecurity law professor Shaun Jamison, whom I consulted regarding this post:

“Honestly, if you don’t have a privacy policy, you just aren’t living up to industry standards. Some people will refuse to do business with you.”

You may also like