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Privacy Laws in Different Countries and How to Comply With Them

A privacy law or privacy policy is a legal text that is used to notify users or visitors of a particular website, or how their personal information will be used. In other words, if you are running a website that requires its users to leave their personal information, you should also have a privacy policy on that website.

Even though privacy laws or policies are legal documents, you should ensure that these texts are crafted so that they are easy to understand and accurate. It would be extremely unwise to use obscuring or hidden clauses within the text or to make it too vague since it can affect your credibility as a platform.

Basically, your privacy policy should have an introductory section that tells visitors some essential details about your organization. It should contain explanations that speak about the type of information you are collecting and also the method you use (ex. if it Is automated or if they need to fill in forms, etc.). Lastly, you need to include storage information that is used to clarify how the information will be stored and where this database will be located. It would be ideal for visitors to know that their private information is stored in a safe and secure environment.

Why privacy laws are important

Privacy laws are important for a couple of reasons. Primarily, they are an absolute necessity for some industries, like banking, medical professionals, lawyers, etc. Basically, the professions that incorporate privacy laws are obliged to maintain them both online and off. Furthermore, anyone who is in a regulated industry must have privacy laws that cover all of the issues, under the regulations of the industry, because they can suffer suspensions or fines otherwise.

In the event that you are not obliged to have a privacy law, it still does not mean you shouldn’t have a privacy policy on your website. Simply having one makes you seem more legit. You’ll come off as a more secure provider, which really helps with customer acquisition. In other words, it is something you should want to have regardless of whether you need it or not; otherwise, you’ll simply lose potential customers to your competitors who have implemented the policy.

Lastly, if you need to create a privacy policy, there are certain things you should never do throughout this process. You should never steal, or use the same privacy policy as your competition, considering how it can result in copyright violation. You should not assume that your competitor’s privacy laws are sufficient to meet your demands since you don’t know when exactly have your competitors adopted their policy and under which circumstances. You should not write the policy yourself unless you are proficient in this department, and even then, it would be wise to seek and an extra pair of eyes and wits to help you out. Finally, remember that having no policy is, in fact, better than having a bad privacy policy.

Privacy laws by country

Privacy laws that apply to your website are usually affected by the acting privacy laws in your country. Recently, in over 80 countries, these privacy laws have been enacted in order to increase or improve information privacy and security. Here, we will go over some of these privacy laws.

Argentina

The Argentina Personal Data Protection Act that was brought in October 2000 applies to individuals as well as legal entities within the territory of Argentina who operate with personal information. Personal information includes any sort of data which relates to individuals; basic information like name, occupation, address, or date of birth.

Personal data does, however, include browser cookies; in the event that you use them to track user activity. So, in Argentina, it is only legal to use them if the user has provided an informed consent, which implies you need to tell them the purpose for gathering the data using browser cookies.

Furthermore, the user has the right to demand personal data deletion at any given time. Also, there is still a debate whether IP addresses should be considered as personal information, so just to be sure, ask for consent for that as well.

Australia

Australia’s Privacy Principles (APP) is a privacy law in Australia that consists of 13 principles which serve as guidelines for managing personal information. These principles demand that the information is handled in a transparent manner, which implies that you have to have an up-to-date privacy policy on your website and that you know how to manage personal information.

According to these principles and Australian law, your privacy policy needs to elaborate how and why the data will be collected, and also to explain the consequences of refusing to provide personal information. So, make sure you include all of these details in order to avoid future issues and complaints.

Brazil

In 2014, the Brazilian Internet Act was passed and it delves into policies on the collection, treatment, as well as the use of personal data on the Internet. According to the act, in Brazil, before you acquire someone’s personal data, you must have that person’s consent, and individuals who are under 16 years old are not eligible to give consent at all, whereas those between 16 to 18 years old need to have assistance from their parents or legal guardian. It also necessitates the providers to have a clear and easy to understand privacy policy so that users cannot feel wronged in any way.

Bahamas

The Bahamas have a privacy policy which protects the personal data of its citizens in the public sector as well as the private sector. According to their Data Protection Act 2003, the law appoints someone as a data protection commissioner to the Office of Data protection, and this is done in order to ensure the safety of personal data. However, this act does not meet the standards of the European Union, even though it was created in the first place solely for that purpose. The problem is that the person appointed as the data protection officer is not required to be in the office, and any group or organization is not required to notify the Office of Data Protection in the event breaching privacy. In other words, the act lacks many enforcements and, as such, it is not a reliable privacy policy.

Canada

Canada’s Personal Information Protection and Electronic Data Act (PIPEDA) provides an insight into how you should collect, store and use the personal data of your online users or subscribers, for the purpose of digital marketing. The act states that you must make these privacy policies accessible to your users and that the document is easy to read and understand. So, make sure you provide specific and direct information, and if you need any additional guidelines, you can look up the Privacy Toolkit and Fact Sheet.

Columbia

According to Colombia’s Regulatory Decree 1377, the providers are obliged to inform the users as to why they are collecting the data. Again, it is illegal to obtain this type of data without prior consent, and the policy must also include the description of the purpose and methods of data processing. Additionally, you must supply users with their rights over data and go over how those rights are exercised.

Czech Republic

As you can see, there is a certain pattern here regarding privacy laws, and the same rules apply for the Czech Republic. Act No. 101/2000 Coll., on the Protection of Personal Data is the name of their policy for data protection and it has a conduct that you should adhere to when collecting personal data. You need to ensure your policy is easy to follow without any ambiguous language and, again, you are going to need user consent before gathering personal information.

Denmark

The Act on Processing of Personal Data was passed in 2000, and it appointed the Danish Data Protection Agency to enforce these privacy laws. In the event they discover any privacy law violations, they are authorized to issue a ban or enforcement notice. Again, the company needs explicit consent from the user in order to collect data, and they need to ask for their consent again, in case they want to disclose this information to third parties for the purposes of digital marketing.

Estonia

The Personal Data Protection Act of 2003 in Estonia also demands that personal information is obtained in an honest and legal fashion. Once again, you are going to need the user’s consent before gaining access to personal data and collecting it, and you will also have to inform them about the reason for collecting the data in the first place.

European Union

The privacy law in the European Union is regulated throughout The European Union Data Protection Directive of 1998. According to the data protection directive, the information must be obtained in a way that is fair and lawful. To elaborate, the data can only be collected for specified and legitimate purposes, and the explanation of the purposes must be provided. Users need to give consent in an unambiguous and explicit way. You are also obliged to inform the users if their data is going to be shared with third parties.

Finland

In Finland, privacy law is defined in The Personal Data Act, and it is considered as one of the basic rights. If you want to gather personal information in Finland, the Act necessitates that you have a clear purpose for that, and you are not allowed to use it for any other purpose. Again, user consent is required prior to data gathering, and the user needs to be provided with a data file that describes the gathering process as well as explains the purpose behind data gathering. There are certain restrictions as well that apply in the event that you are collecting data for personalized marketing or e-mail marketing, and your database is limited to basic information and contact information.

France

Data privacy in France is regulated using The Data Protection Act (DPA) of 1978, which was revised in the year 2004. This act also addresses collecting personal data for the purposes of sending e-mails, or the collection of any information which is used to identify a person. The act applies to all of those who are collecting data in France, which is why French Data Protection Authority was able to sue Google for privacy law violation. It goes without saying that, just like with the other laws we mentioned, you need the consent of the user before even collecting their personal information.

Germany

Germany has the Federal Data Protection Act of 2001, which prohibits you to gather personal data without authentic user consent (this also includes IP address). So, you need to get the data from the subject directly and are also not allowed to obtain it from another party, like buying email lists etc. Also, you are only allowed to use the data for the specific purpose you have mentioned in your privacy policy. The law applies to anyone who is collecting data on German soil and there are 16 different data protection agencies that enforce these laws.

Greece

The Processing of Personal Data laws in Greece is there to ensure the privacy of individuals who rely on electronic communication. After asking for the consent of a particular user, you will be allowed to obtain his or her personal data. You also need to inform the user about the type of data you will get, and tell them for what purpose the data is going to be used. Lastly, the users are allowed to withdraw their consent at any time they want.

Hong Kong

Hong Kong’s Personal Data Ordinance is the acting privacy law in Hong Kong and it points out how users must be informed about data collection and the ways that data can be used (if it is shared with a third party for example). The act has certain principles that state how personal data policies, along with practices, must be publicly available and transparent. In the event of privacy law violation, you can be charged with a fee that goes up to HK$50,000, or even spend two years in prison, so it is definitely a matter you should take seriously, considering how easily your users can sue you.

Hungary

The privacy of personal data in Hungary is protected by an act with a very long name – Act LXIII of 1992 on the Protection of Personal Data and the Publicity of Data of Public Interests. It was created with the purpose to make sure the individuals have control over their personal information. Just like with our previous acts, this one also requires you to have user consent before collecting and handling their personal information. In the event of act violation, you are prone to be sued by the users and you will be liable to pay for any damage that you have caused by misusing their personal data.

Iceland

Even though Iceland has the same principals regarding information and consent, its policy is a bit stricter than the others. Iceland has been labeled as the Switzerland of data due to this strictness and it all explained and stated in the Data Protection Act of 2000. Not only does it require you to make users aware of data collection, but also how the processing is being conducted and how you are going to protect the collected data. Users can also withdraw the consent at any given time and in the event of act violation, you can even end up in prison for 3 years.

Ireland

There are two acts for privacy regulation in Ireland. One of them is the Data Protection Act 1988 and ePrivacy Regulations 2011 (S.I. 336 of 2011) for regulating privacy in the field of electronic communication. In Ireland, there is a difference between an organization’s Privacy Policy and a public Privacy Statement. Basically, a privacy policy is a legal document that elaborates on how an organization applies the 8 data protection principles and a privacy statement is website documentation which clarifies how the data is being collected and handled on that website. Websites have a legal obligation to include privacy policy statements and they can be fined up to 100,000 euros for neglecting this duty.

India

The Information Technology Act demands that websites in India have a privacy policy published and accessible to their users, regardless of whether you dealing with sensitive data or not. Much like other policies, it needs to describe the type of data you are collecting, the purpose behind the collection, and security practices implemented for protecting that data. Sensitive data like passwords or financial information can only be collected with the user’s consent.

Italy

It is similar to other policies so far, but again a bit stricter in terms of electronic marketing. The Data Protection Code demands that you need consent before even tracking your user and using data for advertising or marketing communications. Users need to be provided with specific information before gathering or processing their personal facts, and you also need to include a purpose behind such a request. Much like with France, Italy threatened Google for violating Italian privacy regulations and requested a fee of up to one million euros.

Japan

The Personal Information Protection Act is created for protecting the rights of the individuals regarding their personal information. Personal information, however, has a very broad definition in this act and it even extends to the data found in the public directory. Other limitations are pretty much exactly the same; it requires prior consent and a detailed explanation of the reason for gathering intel.

Latvia

As far as Latvia is concerned, the law pretty much abides the basic formula. Privacy regulations are quite common and under the established rules. Collecting and using data requires consent as well as from you to provide users with specifics regarding its use and implementation. You must also inform them if any third party will also have access to the data you are collecting. The name of the act is The Personal Data Protection Law of Latvia.

Luxembourg

On the 2nd of August, an act was created for the purpose of protection and processing of personal data. As far as its name is concerned, it is a bit unconventional – Coordinated Text of the Law of 2 August 2002 on the Protection of Persons with regard to the Processing of Personal Data. It also states how you need consent to provide users with detailed information about why the data is being collected and the name of the parties who will have access to it.

Malta

In Matla, one of the fundamental human rights is the right to privacy, and for that reason, the Data Protection Act of 2001 was created. The difference between this act and most other acts here is that it requires extra steps for providing consent. To be specific, for the user’s consent to be valid, you must provide them with information about your identity and place of residence, you must also give them a reason for collecting data and the list of other data recipients, and ask them if their participation is in fact voluntary. They also have rights to access that data as well as erase it.

Mexico

In Mexico, the Federal Law for the Protection of Personal Data Possessed by Private Persons is there to regulate and protect the privacy of one’s personal information. The reasons for collecting data must align with the ones stated in this policy and you also need to have consent if you want any type of personal information that is not publicly available. Additionally, you are obliged to tell users what their rights are concerning the data you collected.

Morocco

In Morocco’s Data Protection Act personal data is defined as information of any nature, which allows one to identify certain individuals. Providing users with a reason behind data gathering and having their consent is once again obligatory. However, the act will not require you to do this in the event that the individual has personally made the information public. Once again, in order for the consent to be considered valid, you are required to provide the users with your specific and personal information. In the event you break the law, you can be punished either financially, or even with imprisonment.

New Zealand

New Zealand’s Privacy Act of 1993 demands that, when collecting this type of data, you are obliged to seek any nonpublic personal information straight from the individual. The user whose information you require needs to know your name and the purpose for requesting this data. You must also tell them whether the information is required by law, or if it is optional, and they need to be aware of their own rights regarding that data. A complaint by the user can trigger an investigation and you’ll be placed under scrutiny to ascertain if you collected the data in accordance with the privacy law.

Norway

There are no exceptions as far as Norway is concerned Norway’s Personal Data Act gives you an obligation to collect data directly from the user after you have acquired his or her consent. The purpose behind collecting data and its visibility to third parties must also be provided, as well as the identities of you and possible third parties.

The Philippines

The Philippines are known for their strict privacy law; in fact, it is the strictest one in the region. You still need to do the common procedures mentioned in the most of the acts above, but there is also the Republic Act No. 10173. According to this act, individuals are allowed to know your personal identity, your purpose for collecting data, and they have the right know how the data is being processed and also the identities of the third parties, if any, who will have access to it.

Poland

Poland’s Act of the Protection of Personal Data from the year 1997 demands that prior to data processing, you must obtain the subject’s consent, otherwise collecting information is prohibited. Additionally, just like with previous examples, you must provide your personal information like name and address, along with the purpose of collecting data. The subject must also know his or her rights and whether the participation is necessary or voluntary.

Portugal

Act on the Protection of Personal Data in Portugal states that the processing of data must be done in a transparent manner, with full respect towards the user’s privacy. In order to collect personal information, you must have a specific and legitimate purpose for doing so, and you will also need the subject’s consent. You must also give your information to the user, as well as information about all other data recipients.

Romania

In Romania, privacy law regulations are very similar to the common practices mentioned so far. Consent, purpose, and your identification must be provided to the subject prior to requesting data processing, and if you are interested to find out more specific you may read in-depth information about their privacy laws.

Russia

There are two legal documents that are used for regulating privacy in Russia. One is the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data, from 2005, and the Law of the Russian Federation “On Personal Data” which applies to operators who use automated equipment for gathering personal data.

User consent is required prior to gathering, processing, modifying or altering, using, or even destroying the subject’s data. This rule does not apply however if the information is required by law, or if it is necessary.

Slovenia

Slovenia’s Personal Data Protection Act requires you to obtain legal and valid consent from the subject before collecting data. The consent is only considered valid if the person is aware of your identity and the purpose of collecting the information. They also need to be informed that data will be processed in a legal and fair manner.

South Africa

South Africa’s Electronic Communications and Transactions Act is the law that is applicable to any personal data which is collected through the website. The act consists of nine principles which you must fulfill prior to collecting personal information from an individual. Also, just like with previous cases, your information needs to be given to the subject and the act warrants his or her consent in order for you to gain the rights to access their personal information.

South Korea

According to the Act on Promotion of Information and Communications Network Utilization and Data Protection in South Korea, any personal information that is acquired by the communication services provider warrants legal consent from the user. If the consent is to be considered valid, you need to give all the necessary information like in all of the previous examples.

The Framework Act on Telecommunications defines information and communication services as the following – “services that mediate a third party’s communication through the telecommunications facilities and equipment or to provide the telecommunications facilities and equipment for the third party’s telecommunications.”

Spain

In Spain, personal information is regarded as one of the constitutional rights and you need to supply the user with fair processing information as well as your personal information in order to receive their consent and for it to be valid. They also need to know if leaving their personal information is voluntary or mandatory, as well as the consequences of providing that information to you.

Switzerland

Switzerland’s Federal Act on Data Protection allows for personal information to be collected only in good faith, and if the user is aware of the purpose for this request. You must also provide the subject with your personal details or personal data. In both cases, personal data is defined as – “all information relating to an identified or identifiable person.”

Taiwan

The Computer-Processed Personal Data Protection Law defines personal data as information related to individuals which includes their name, date of birth, and even social activates, or any kind of detail which allows for that individual to be identified. The collection of personal data must be conducted in good faith and you must also take into consideration the user’s rights. This implies that you as an organization need to give them your personal information as well, which includes your name address and all other details, along with methods and the purpose of collecting this data.

United Kingdom

The Information Commissioner’s Office is responsible for upholding the privacy laws in the UK and it requires very much the same procedure for gathering data as the ones mentioned so far, but also to explain the mechanism behind the browser cookies you are using for this purpose.

United States

In the US, privacy laws are not strictly regulated by federal laws as in other cases mentioned in the text. However, the US does leave up to the state to decide on the strictness of their privacy policy. In other words, laws differ depending on the state as well as the industry which implements them.

The FTC (Federal Trade Commission) is in charge of regulating business privacy laws, and they are not required to have a privacy policy, but they are prohibited from using deceptive methods. They also have the Children’s Online Privacy Protection Rule (COPPA), which deals with websites that collect information from children who are under 13 years old. The first law in the US that warrants you to post a privacy policy on your website is the California Online Privacy Protection Act (CalOPPA), and it applies to any website in California that collects data from users in California.

CalOPPA requires that policy from websites that collect personal data to contain the following information:

  • The type of personal data you are collecting
  • Naming any third parties that will have access to it
  • How users can review and change the collected data
  • How you’ll update users regarding the alterations to the privacy policy
  • Your privacy policy’s effective date

So, if you collect data from anyone in California you need to comply with laws.

As you can see, privacy policies and laws from different states and countries are, in their essence, very similar. There are minor differences, and some are more strict than others, but when you are creating your privacy policy, make sure that it is compatible with the laws in your country.

https://www.websitepolicies.com/blog/privacy-laws-in-different-countries

 

 


This page is designed to help businesses, especially BBB Accredited Businesses, create an online privacy notice for use on the Internet. A privacy notice should be based on the following five elements:

  • Notice (what personal information is being collected on the site)
  • Choice (what options the customer has about how/whether personal data is collected and used)
  • Access (how a customer can see what data has been collected and change/correct it if necessary)
  • Security (state how any data that is collected is stored/protected)
  • Redress (what customer can do if privacy policy is not met)

Whatever final notice you develop is up to you, and will be your responsibility to maintain. The Better Business Bureau does not recommend any one set of privacy practices, nor any single privacy notice.

Below is a sample privacy notice that you may want to use as a guide for your privacy notice. Note that there is a place for your company name or URL in the first paragraph and a place for your phone number and email address in the last paragraph. Please make sure to personalize these. DO NOT simply cut-and-paste this policy as is.

Privacy Notice
This privacy notice discloses the privacy practices for (website address). This privacy notice applies solely to information collected by this website. It will notify you of the following:

  1. What personally identifiable information is collected from you through the website, how it is used and with whom it may be shared.
  2. What choices are available to you regarding the use of your data.
  3. The security procedures in place to protect the misuse of your information.
  4. How you can correct any inaccuracies in the information.

Information Collection, Use, and Sharing
We are the sole owners of the information collected on this site. We only have access to/collect information that you voluntarily give us via email or other direct contact from you. We will not sell or rent this information to anyone.

We will use your information to respond to you, regarding the reason you contacted us. We will not share your information with any third party outside of our organization, other than as necessary to fulfill your request, e.g. to ship an order.

Unless you ask us not to, we may contact you via email in the future to tell you about specials, new products or services, or changes to this privacy policy.

Your Access to and Control Over Information
You may opt out of any future contacts from us at any time. You can do the following at any time by contacting us via the email address or phone number given on our website:

  • See what data we have about you, if any.
  • Change/correct any data we have about you.
  • Have us delete any data we have about you.
  • Express any concern you have about our use of your data.

Security
We take precautions to protect your information. When you submit sensitive information via the website, your information is protected both online and offline.

Wherever we collect sensitive information (such as credit card data), that information is encrypted and transmitted to us in a secure way. You can verify this by looking for a lock icon in the address bar and looking for “https” at the beginning of the address of the Web page.

While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. The computers/servers in which we store personally identifiable information are kept in a secure environment.

If you feel that we are not abiding by this privacy policy, you should contact us immediately via telephone at XXX YYY-ZZZZ or via email.

 

The above notice (or policy) probably does not describe your privacy practices exactly. You need to personalize your statement to fit your business practices. Following are some sample clauses that you can use to help describe other specific practices that fit your business model.

Optional Clauses
If your site has a registration page that customers must complete to do business with you, insert a paragraph like this in your privacy notice:
Registration
In order to use this website, a user must first complete the registration form. During registration a user is required to give certain information (such as name and email address). This information is used to contact you about the products/services on our site in which you have expressed interest. At your option, you may also provide demographic information (such as gender or age) about yourself, but it is not required.If you take and fill orders on your site, insert a paragraph like this in your privacy notice:
Orders
We request information from you on our order form. To buy from us, you must provide contact information (like name and shipping address) and financial information (like credit card number, expiration date). This information is used for billing purposes and to fill your orders. If we have trouble processing an order, we’ll use this information to contact you.If you use cookies or other devices that track site visitors, insert a paragraph like this in your privacy notice:
Cookies
We use “cookies” on this site. A cookie is a piece of data stored on a site visitor’s hard drive to help us improve your access to our site and identify repeat visitors to our site. For instance, when we use a cookie to identify you, you would not have to log in a password more than once, thereby saving time while on our site. Cookies can also enable us to track and target the interests of our users to enhance the experience on our site. Usage of a cookie is in no way linked to any personally identifiable information on our site.If other organizations use cookies or other devices that track site visitors to your site, insert a paragraph like this in your privacy notice:
Some of our business partners may use cookies on our site (for example, advertisers). However, we have no access to or control over these cookies.

If you share information collected on your site with other parties, insert one or more of these paragraphs in your privacy notice:
Sharing
We share aggregated demographic information with our partners and advertisers. This is not linked to any personal information that can identify any individual person.

And/or:
We use an outside shipping company to ship orders, and a credit card processing company to bill users for goods and services. These companies do not retain, share, store or use personally identifiable information for any secondary purposes beyond filling your order.

And/or:
We partner with another party to provide specific services. When the user signs up for these services, we will share names, or other contact information that is necessary for the third party to provide these services. These parties are not allowed to use personally identifiable information except for the purpose of providing these services.

If your site has links to other sites, you might insert a paragraph like this in your privacy notice:
Links
This website contains links to other sites. Please be aware that we are not responsible for the content or privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of any other site that collects personally identifiable information.

If you ever collect data through surveys or contests on your site, you might insert a paragraph like this in your privacy notice:
Surveys & Contests
From time-to-time our site requests information via surveys or contests. Participation in these surveys or contests is completely voluntary and you may choose whether or not to participate and therefore disclose this information. Information requested may include contact information (such as name and shipping address), and demographic information (such as zip code, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the use and satisfaction of this site.

 


Privacy Policy Template Generator

A privacy policy is a legal document that details how a website gathers, stores, shares, and sells data about its visitors. This data typically includes items such as a user’s name, address, birthday, marital status, medical history, and consumer behavior. The specific contents of this document depend upon the laws in the legal jurisdiction in which your business operates. Most countries have their own set of guidelines regarding what information is eligible for collection, and how that information may be used.

When it comes to legal documents, it is best not to take chances. Fortunately, it’s easy to get a free website privacy policy in just a few minutes. All you have to do is fill up the blank spaces below and we will send you an email with your own personalized privacy policy for your business.

Also looking for a Terms and Conditions Template? Check out termsandconditionstemplate.net

The accuracy of the generated document on this website is not legally binding. Use at your own risk.

What’s Good About A Privacy Policy Template?

Practically every single website worth anything out there has a Privacy Policy page that it can turn to whenever issues about privacy come up with users. That’s why you really need to have one for yours, but it’s not exactly that easy to make one, not if you really want to cover all of your bases. This is why you may want to look into the matter of privacy policy templates since it comes with quite a few benefits.

What Is It?

For the most part, a privacy policy template is just what it sounds like. It’s a template that was already made by somebody else and that you can use for your own website if you wanted to. This is incredibly helpful because creating a privacy policy from scratch can be a troublesome affair if you have no legal training. You would have to commission the help of a lawyer in order to do it right.

If your website is aiming for legitimacy, you definitely don’t want to take this issue lightly. You can easily get in trouble with your customers and with the law if you don’t have a privacy policy or if you have a bad one.

How Can You Use It?

Usually, privacy policy templates are pretty straightforward. You can get one from a reputable source, copy the template and then paste it on your privacy page. Many of the relevant details will either be left blank or will need to be replaced. Either way, you need to be careful about the information that you put in the page.

You want to focus on company name or website name, the name of the site owner, company CEO, or web manager, and a few important details about purchases, service charges, and so on. Other than a few tweaks, a good template won’t require much else from you.

Is It Necessary?

In a word, absolutely. A privacy policy isn’t just about telling your users what they can expected from your website, products, and services. It’s about protecting you against potential liabilities that could arise from those aspects. It doesn’t even have to be the users that go after you but also government agencies since they can be real sticklers for details.

More than the actual consequences of not having a privacy policy, it also helps to legitimize your website’s authority if you have one. It just comes parts and parcel with having a successful online business.

 

 


 

 

Our Free Privacy Policy Generator is consistent with these laws and 3rd party initiatives:

CalOPPACalifornia Online Protection Act (CalOPPA)

GDPRGeneral Data Protection Regulation (GDPR)

Google AdWordsGoogle AdWords

Google Play StoreGoogle Play Store

Apple App StoreApple App Store

Plus many more

Welcome to FreePrivacyPolicy.com

The #1 Online Privacy Policy Generator! Here at Free Privacy Policy, we’ve helped 815,960 website owners create easy-to-read, highly effective, custom privacy policies.

Our intuitive, easy-to-use system allows you to create a custom privacy policy using our free website privacy policy generator.

All you do is answer a few simple questions about your business and your website privacy policy is created and ready to add to your site. In fact, for most people it takes less than 15 minutes.

Our Privacy Policy Creator includes several compliance verification tools to help you effectively protect your customers privacy, while limiting your liability, all while adhering to the most notable state and federal privacy laws and 3rd party initiatives, including:

  • California Online Privacy Protection Act (CalOPPA)
  • General Data Protection Regulation (GDPR)
  • Google AdWords requirements for a Privacy Policy
  • Personal Identifiable Information (PII)
  • Federal Trade Commission Fair Information Practices

 


QUICK & EASY PRIVACY POLICIES: THE 12 BIGGER GENERATORS RANKED

How do you create a privacy policy page for your website? Here we look at some of the most popular and free tools you can use to generate a privacy policy page for your website or blog.


How To Write A Privacy Policy For Website

 

Summarized overview

In this article you will find information about:

  • What a privacy policy is
  • Why you should have one
  • Guidelines for creating a policy
  • A sample privacy policy specific to setting cookies
  • Link to an automated policy generator

a Privacy policy for Website is

A privacy policy is a document telling visitors to your site what information you collect and what you do with that information.  Very simply: it is a short explanation of what you are doing to observe visitors to your website.

Information to include in a Cookie Specific Privacy Policy:

  1. What cookies are
  2. What info is collected
  3. What is done with the information
  4. How to reject / delete / accept cookies
  5. Explain there are no harmful technical consequences/risks
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Two good reasons to develop a privacy policy for website

  1. Create a better electronic environment on the internet
  2. Laws / legislation may pertain to your business

By letting people know what info is collected and what is done with that information, you can create a transparent environment in which people / consumers are more confident. You can eliminate stress and concerns about abuse of personal info.

Various legislations and legal guidelines, for example in the US and in the UK, are being developed and may affect your website, depending on what information you collect, how you do it, and what you do with it. The European Union has developed similar guidelines that contain a bit too much legal rhetoric to be completely useful.
See resource list below for reference websites.

Formatting an Online Privacy Policy

Your policy should be written in plain readable language. Consider the policy to be a part of your site. Design the policy and publish it like the rest of your site. Design it as if you actually want people to read it. Make it short, friendly & intuitive. It should be easily accessible throughout your site.

A Sample Privacy Policy

www.mysite.com uses www.opentracker.net to collect visitor data and analyze traffic on our site. This information helps us understand customer interests and helps us improve our website. When you visit our site, the pages that you look at, and a short text file called a cookie, are downloaded to your computer. A cookie is used to store small amounts of information. This information is collected for traffic analysis only. The cookie does not contain personal details. Depending on the browser that you use, you can set your preferences to block/ refuse cookies, and/ or notify you before they are placed. Opentracker does not sell, give, or trade the statistics they store to any 3rd parties for data-mining or marketing purposes. Please visit www.opentracker.net for their privacy policy.

Designing your privacy policy for website

Tell your visitors why tracking cookies are good, why the information is beneficial, that it is used to improve websites and their content. Give an example. If you are collecting information, tell them what you do with that information. Give people an opportunity not to have their info collected, for example by blocking cookies. Explain how people can block cookies. Also explain that cookies are not harmful and cannot introduce viruses or extract personal contact information.

Why all the fuss?

There is an important distinction to be made here between cookies and spyware. Spyware collects information about your surfing habits across the internet and sends this information out from your computer. Cookies collect information about your surfing habits only on the site of the provider of the cookie, in other words just on one site.

From our research it appears that most people are concerned that their personal information may be passed on. In this case, there is an important distinction to make between Two Types of Information which are collected:

  1. Personally identifiable info/ personal contact info
  2. Clickstream/ navigation info

Specific to concerns about cookies, the information being collected does not contain personally identifiable information. Clickstreams are used to see if people return to the same sites, and identify patterns.

When databases are combined, for example a membership & login base, with a clickstream tracking system, it is possible to combine personal information, such as an email address, with clickstreams. This is where the main cause for concern seems to lie.

The companies that do this; with the resources to combine clickstreams, past purchases, and personal information, are household names, such as amazon.com, ebay, bbc, yahoo, etc.

Further Reading

We also recommend taking a look at the privacy policy of a company or website that you like or respect to see what information they consider to be important.

Here is a privacy policy generator where you can also find information about legislation:

https://privacypolicygenerator.info/

Legislation in the UK:

https://www.cookielaw.org/the-cookie-law/

Obviously there is a very real concern for a lot of people that their privacy is being abused. We would like to respond to these concerns, primarily through education, but also by opening up a dialogue on any related questions or ideas. Please feel free to write us, or post feedback on our support center.

 


Privacy Policies are Legally Required

Privacy Policies are Legally Required

Privacy laws around the world dictate that if you collect personal information from your website visitors, then you need to have a Privacy Policy posted to your site.

Many third party services used to enhance website performance also require you to have a Privacy Policy.

What is a Privacy Policy?

What is a Privacy Policy?

A Privacy Policy is a legal agreement that explains what kinds of personal information you gather from website visitors, how you use this information, and how you keep it safe.

Examples of personal information might include:

  • Names
  • Dates of birth
  • Email addresses
  • Billing and shipping addresses
  • Phone numbers
  • Bank details
  • Social security numbers

A Privacy Policy generally covers:

  • The types of information collected by the website or app
  • The purpose for collecting the data
  • Data storage, security and access
  • Details of data transfers
  • Affiliated websites or organizations
  • Use of cookies

To get an idea of what a Privacy Policy might include, here is an example of Etsy’s Privacy Policy:

Screenshot of Etsy Privacy Policy Statement

What to Include in a Privacy Policy

What should be inside my Privacy Policy?

The content of Privacy Policies varies from one business to another. How a website collects and manages information, and how it interacts with third parties is unique to every company. Additionally, where a website’s users live can impact the company’s Privacy Policy.

At minimum, your Privacy Policy should cover the following points:

Business Name and Contact Details

Your Privacy Policy needs to contain your official business name and contact information.

Here is an example from Whole Foods:

Whole Foods Privacy Policy: General clause showing company contact information

Types of Personal Data You Collect

You are required to itemize the various types of personal data you collect from users directly and indirectly.

Budweiser provides a nice example:

Budweiser Privacy Policy: List of Personal information collected

Why You Collect Personal Data

Privacy laws require you to collect only the personal data you need, and to explain why you need it.

Here’s an example from Nestlé:

Nestle Privacy Policy: Why Nestle collects personal data clause

How the Data is Used

How you use the data is another important component of a Privacy Policy.. You must spell this out in your Privacy Policy.

Here’s how Airbnb does this:

AirBnb Privacy Policy: How personal data is used clause

How You Share Data with Third Parties

Most websites use one or more third party tools to enhance site performance and user experience. Examples might include Google Analytics to understand website visitors, or AdSense for personalized advertising.

Most sites also use cookies, which are technical tools that record user behavior to personalize their web experience.

All instances of third party data sharing must be explained in your Privacy Policy, and you should provide links to those third party companies’ policies as well.

See how Instagram does this:

Instagram Privacy Policy: Parties with whom we share personal data

How to Opt Out of Data Collection

Your Privacy Policy must include instructions for opting out of ongoing data collection, as well as for getting a copy of any data already collected.

Nike clearly provides this information it its Privacy Policy:

Nike Privacy Policy: How users can opt-out clause

How to Create Your Privacy Policy

PrivacyPolicies.com: Privacy Policy Generator - How to Create your Privacy Policy

Need a Privacy Policy? Our Privacy Policy Generator will help you create a custom policy that you can use on your website and mobile app. Just follow these few easy steps:

    1. Click on “Start creating your Privacy Policy.”
    2. Select the platform/s where your Privacy Policy will be used.

PrivacyPolicies.com: Privacy Policy Generator - Create your Privacy Policy - Step 1

    1. Answer the questions related to your entity type and location.

PrivacyPolicies.com: Privacy Policy Generator - Answer questions - Step 2

    1. Answer the questions relating to what type of information you collect from your users.

PrivacyPolicies.com: Privacy Policy Generator - Answer questions about type of information you collect - Step 3

    1. Select all the ways you wish to allow your users to contact you with questions regarding your Privacy Policy.

PrivacyPolicies.com: Privacy Policy Generator - Select ways you wish to allow your users to contact you - Step 4

    1. Select what kind of Privacy Policy you want to create.

PrivacyPolicies.com: Privacy Policy Generator - What kind of Privacy Policy you want - Step 5

    1. Enter your email address where you’d like your Privacy Policy sent and click Create Privacy Policy.

PrivacyPolicies.com: Privacy Policy Generator - Enter your email address - Step 6

    1. Now you can copy or link to your hosted Privacy Policy.

PrivacyPolicies.com: Privacy Policy Generator - Copy or link to your hosted Privacy Policy - Step 7

Privacy Laws in the US

Flag of US

Unlike other countries, there is no single governing privacy law in the US. However, several laws affect your Privacy Policy and must be taken into consideration.

These include:

  • The Americans With Disabilities Act
  • The Cable Communications Policy Act of 1984
  • The Children’s Internet Protection Act of 2001 (updated in 2013)
  • The Computer Fraud and Abuse Act of 1986
  • The Computer Security Act of 1997
  • The Consumer Credit Reporting Control Act
  • The Children’s Online Privacy Protection Act (COPPA)
  • The California Online Privacy Protection Act (CalOPPA)

CalOPPA is one of the strictest privacy laws in the US. Let’s take a closer look at CalOPPA and its impact on your Privacy Policy.

CalOPPA

CalOPPA’s purpose is to provide protection of personal data collected from California residents. While CalOPPA is a state law and not a federal law, it very likely affects your website regardless of where you operate from because of the chance your website will attract California residents.

CalOPPA requires websites and apps to have a clearly visible and accessible Privacy Policy. Here’s how the Consumer Federation of California Education Foundation describes CalOPPA:

Consumer Federation of California Education Foundation: Who does CalOPPA apply to?

CalOPPA classifies “personally identifiable information” as:

  • First and last names
  • Physical addresses
  • Email addresses
  • Telephone numbers
  • Social Security numbers
  • Any other contact information shared with a business either physically or online
  • Birthdates
  • Details of physical appearance (height, weight, hair color)
  • Any other information stored online that may identify an individual

How a Privacy Policy Can Comply with CalOPPA

In order to comply with CalOPPA, a Privacy Policy must include the following information:

  • Details of exactly what types of personal data are collected through the website or app
  • Any affiliated organizations this data may be shared with
  • A clear explanation of how users can request amendments to any personal data that is collected
  • The process for informing users of any changes to the Privacy Policy
  • The effective date of the Privacy Policy
  • What happens if a user makes a “Do Not Track” request
  • Details of third parties who collect personal data through the website or app

Include a “Do Not Track” Clause

“Do Not Track” — DNT for short — is a setting that can be activated on certain browsers to block behavioral tracking from third party services like Google Adwords.

Under CalOPPA, it is not mandatory for a website or app to follow a DNT request. However, websites must inform users if their website or app will respond to a DNT request or not.

Here’s how Whole Foods lets users know that DNT requests will not be honored and provides a link to additional information about the topic:

Whole Foods Privacy Policy: DNT (Do Not Track) clause

How to Display a CalOPPA-compliant Privacy Policy

In order to comply with CalOPPA, a Privacy Policy must:

  • Be clearly visible and easily accessible for visitors to your website or users of your app
  • Contain the word “privacy” in the display link

Here is an example from Amazon where a Privacy Notice is clearly linked in the website footer:

Amazon Website Footer Screenshot

Privacy Laws in the EU

GDPR

Flag of EU

On May 25, 2018, the EU Data Protection Regulation (GDPR) replaced the existing EU Data Protection Directive which had been enforced since 1995.

The EU Data Protection Directive regulated the gathering and handling of personal information in the EU and protects it from misuse.

It demanded that all companies operating from an EU country must have a Privacy Policy.

The GDPR requires all companies operating in the EU as well as foreign companies that handle personal data of EU citizens to have a Privacy Policy. This is part of its goal to make sure personal information is obtained and processed fairly.

Data Protection Commissioner's Guide for Data Controllers: Obtain and Process Information Fairly - GDPR

GDPR applies to both EU and international companies collecting personal data from EU citizens.

GDPR requires that:

  • All personal data must be processed in an ethical manner.
  • Data should be collected for predetermined reasons only, and the data must be used for these reasons alone.
  • Data must be accurate and updated when requested.
  • With the exception of specific circumstances, such as scientific research data, the user must be identified only for as long as needed.
  • The business collecting data is responsible for monitoring its own adherence to GDPR regulation through the appointment of a Data Protection Officer.
  • The user must be able to contact the business collecting the data and its Data Protection Officer.
  • Users must be made aware of the reasons why their data is being gathered and the length of time that it will be stored.
  • Users must be advised of their right to access, update or request removal of their personal data.
  • There will be a supervisory body to deal with users’ complaints and the contact information for this body must be provided.
  • Users must be informed if their data is to be shared with any third parties or affiliated organizations, or if it will be transferred outside of the EU.
  • Any other information the user needs to know to ensure fair processing of their personal data.

If your website or app collects personal data from EU citizens, then you are required to comply with GDPR.

While there are a number of factors to consider for your GDPR compliance plan, one of the things you’ll absolutely need is a compliant Privacy Policy.

Your Privacy Policy needs to be easily accessible and you must obtain active consent from users before collecting any of their personal data.

Here’s a good example of how IKEA gets consent to collect personal information. Users must check a box when creating a profile that says they agree to having their personal information saved:

IKEA Create an account: I agree to Privacy Policy checkbox

The GDPR represents a big change for data protection. This is true for both EU-based and non-EU businesses that collect personal data from EU citizens.

The enforcement of GDPR is much stricter than with previous regulations and will carry greater penalties for non-compliance.

Privacy Laws in Canada

Flag of CA

Canada’s Personal Information Protection and Electronic Documents Act (PIPEDA) protects personal data belonging to Canadian citizens and requires companies operating online in Canada to have a Privacy Policy:

Privacy Commissioner of Canada: PIPEDA in brief intro

Privacy Laws in Australia

Flag of AU

The Australian Privacy Act of 1988 requires all businesses collecting personal information online in Australia to have a Privacy Policy.

One of its key features is a list of 13 Privacy Principles that govern the gathering and processing of personal data.

All businesses are required to be open and transparent about their data collection activities, and they must disclose these in an up-to-date Privacy Policy.

OAIC, Privacy fact sheet 17: Australian Privacy Principles - APP Privacy Policy clause

Privacy Laws in the UK

Flag of UK

Personal data is protected in the UK by the Data Protection Act (DPA). Like Australia’s Privacy Act, at its heart are 8 Core Principles of Data Protection which all companies collecting personal data online in the UK must adhere to:

ICO UK Data Protection Principle 1: Fair and lawful processing of personal data

Privacy Policies Required by Third-party Services

Many third-party services commonly used by website and apps also require that a Privacy Policy be made available.

For example, email newsletter service providers generally require a Privacy Policy in order to use their service.

Campaign Monitor’s Terms of Service includes this clause covering personal information:

Campaign Monitor Terms of Service: Personal Information clause

The best way to satisfy this requirement of informing customers is with a Privacy Policy.

You also need to make a Privacy Policy available on your website or app if you use third-party services that track user browsing behavior or that use location data, like Google Analytics or Google Adsense.

StudioPress discloses all third-party services that collect user information through their website as follows:

StudioPress Privacy Policy: Personal Data collected for services clause

Google Analytics

Logo of Google Analytics - 02

If your website or app uses Google Analytics, then you need to update your Privacy Policy to meet the Google AnalyticsTerms of Service. Because Google Analytics uses cookies to track user behavior and cookies collect personal information, a Privacy Policy is required.

Privacy Policy Requirements for the Standard Features of Google Analytics

According to Google Analytics, if you are using the standard features of Google Analytics to track user behavior on your website or app, then your Privacy Policy must:

  • State that you use Google Analytics to track user behavior
  • Explain how data is collected and processed
  • Inform the user of the use of cookies

The Privacy Policy should be displayed in a prominent location, such as a website footer or in the main menu of an app. Here’s an example from the footer of the BBC’s website:

BBC Website Footer Screenshot

Additionally, you should have a pop-up or banner that alerts users to the use of cookies on your website and allows users to block this if they wish.

Here’s an example of a cookie banner from Net-A-Porter:

Net-a-Porter Cookies Notifications Pop-up Example

Privacy Policy Requirements for Google Analytics Advertising Tools

Logo of Google Analytics - 02

If you use Google Analytics Advertising tools in addition to the standard features, there are further Privacy Policy requirements.

The advertising features covered by these additional requirements include:

  • Remarketing
  • Google Display Network Impression Reporting
  • Google Analytics Demographics and Interest Reporting

If you use these tools, Google Analytics requires you to inform users of this fact by including the following information in your Privacy Policy:

  • The Google Analytics Advertising tools that you use, and how and why you use these features.
  • Your Cookies Policy, including a notice that cookies are used by third-parties to display relevant advertising to the user.
  • Instructions on how users can opt-out of the Google Analytics Advertising features through Google’s Ad Settings.

Google does not provide guidance on the exact language to use in your Privacy Policy. However, it should always be written in plain English and in a way that is easy to understand.

Google Adsense

Logo of Google AdSense 02

If your website or app uses Google AdSense, then you need to update your Privacy Policy in line with the Google AdSense Terms and Conditions.

You must provide a Privacy Policy that discloses your use of Google Adsense, including:

  • A statement that third-parties, including Google, use cookies to display relevant advertising to a user based on previous browsing behavior.
  • Information on Google’s DoubleClick cookies.
  • Instructions on how users can opt-out of the use of DoubleClick cookies through Google’s Ad Settings.

Google also requires that you use “commercially reasonable efforts” to make sure you get consent to use cookies on a user’s device.

This is generally done by using a pop-up or banner that alerts users to the use of cookies on your website and allows users to block this if they wish.

Additional Requirements for EU Businesses

The above points apply to all websites and apps that use Google AdSense. However, there are additional requirements for EU-based companies that use this service.

Users must be alerted to your website or app’s use of cookies, and give their informed consent, before any cookies may be placed on that user’s device.

This includes:

  • The different types of cookies that are used
  • Details of any cookies from third parties that may be used
  • Why cookies are used and how they are placed on devices

As with other cookie alerts, this is usually done through a pop-up or banner that clearly explains that cookies are in use and directs the user to further information on this matter.

Cookies Consent

Consent to place cookies must be obtained from the user actively, meaning users must click a button or check or box or take some other action to confirm they consent.

Active consent, also called informed consent, involves requiring the user to confirm consent with a checkbox or an “I agree” button.

Here is an example of active consent for cookies from Wembley that includes a user-friendly explanation of the type of cookie used and why. The blue “I’m Happy With This” button is what distinguishes this type of consent from passive consent.

Wembley: Cookies notification in the footer as example of user active consent

Passive consent to place cookies on a user’s device is no longer allowed. Here is an example of passive consent for cookies from Calvin Klein’s website:

Calvin Klein: Cookies notification banner in header of website as passive user consent example

Remember

Laws around the world require websites to have a Privacy Policy in place. From California’s broad CalOPPA law, to the EU’s new General Data Protection Regulation and other laws in Canada, the UK and Australia, there is much to understand about privacy laws and compliance.

The various laws share essential goals centered around protection and proper use of private consumer data. They vary in some ways but one thing is certain: if you own or operate a website anywhere in the world, you likely need a Privacy Policy in place that complies with the laws in the jurisdictions where your website users live.


Everything you need to know about GDPR

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GDPR gives companies a new set of rules for sharing data online

May 25th marks the first day of enforcement for Europe’s General Data Protection Regulation, otherwise known as GDPR, a set of rules that could fundamentally flip the relationship between massive tech companies that gather data, and the users they gather it from.

Not everyone is ready for GDPR, but companies from Google to Slack have been quietly updating their terms, rewriting contracts, and rolling out new personal data tools in preparation for the massive shift in the legal landscape. So far, it’s mostly been a problem for legal departments, but as policy changes and contract fights go public, it’s started affecting the average web user, too.

Still, for many on the internet, GDPR remains a black box of legalese and obscure policy. Here’s what you need to know about it.

WHAT IS THE GDPR?

The General Data Protection Regulation is a rule passed by the European Union in 2016, setting new rules for how companies manage and share personal data. In theory, the GDPR only applies to EU citizens’ data, but the global nature of the internet means that nearly every online service is affected, and the regulation has already resulted in significant changes for US users as companies scramble to adapt.

Much of the GDPR builds on rules set by earlier EU privacy measures like the Privacy Shield and Data Protection Directive, but it expands on those measures in two crucial ways. First, the GDPR sets a higher bar for obtaining personal data than we’ve ever seen on the internet before. By default, any time a company collects personal data on an EU citizen, it will need explicit and informed consent from that person. Users also need a way to revoke that consent, and they can request all the data a company has from them as a way to verify that consent. It’s a lot stronger than existing requirements, and it explicitly extends to companies based outside the EU. For an industry that’s used to collecting and sharing data with little to no restriction, that means rewriting the rules of how ads are targeted online.

Second, the GDPR’s penalties are severe enough to get the entire industry’s attention. Maximum fines per violation are set at 4 percent of a company’s global turnover (or $20 million, whichever is larger). That’s a lot more than the fines allowed by the Data Protection Directive, and it signals how serious the EU is taking data privacy. Google and Facebook could withstand a fine like that (they have before), but it would be enough to sink a smaller firm. If the new consent rules ask companies to reshape their data policies, the proposed fines give them the motivation to make it happen.

Most importantly, the GDPR gives companies a hard deadline: the new rules go into effect on May 25th, 2018 — so if you’re not following the rules by now, you’re in trouble. The result has been a mad dash to adapt current practices to the new rules and avoid one of those crushing fines.

WHAT’S GOING TO CHANGE?

The most visible and immediate changes are coming in Terms of Service and other warnings. The GDPR’s idea of consent requires a lot more than previous regulations, which means companies will be asking permission to collect your data a lot more often. In concrete terms, that means a lot more “click to proceed” boxes, although the transparency requirements mean the text inside may be a little clearer than you’re used to.

There will also be more opportunities to download all the data a company has on you, something companies are already starting to roll out. Services like Google Takeout have existed for a while, and smaller services like Slack are starting to roll out similar options to satisfy the GDPR’s data portability requirements. That helps in two ways: it lets you check what companies are collecting, and it could help unwind platform dominance by letting you transfer data between networks. If you want a way to export your Facebook messages to Ello, the new portability requirements will ensure there’s a way to do it.

The most important changes will be happening behind the scenes. The GDPR also sets rules for how companies share data after it’s been collected, which means companies have to rethink how they approach analytics, logins, and, above all, advertising. A single site could easily have 20 ad-targeting partners, often invisible to the person whose data is being shared. But the GDPR adds complex new requirements for any company that gets user data secondhand, requiring a lot more transparency on what a company is doing with your data. As a result, all of those partners have to be brought into the open, and their contracts have to be rewritten to comply with the GDPR. That means unearthing a notoriously messy system that’s been built on the idea that there’s no cost to sharing data.

Rewriting those contracts isn’t as simple as adding some extra “I Agree” dialogs. There are hard political issues in play, like whether publishers will retain control of their audience dataor whether ad networks like Google can piggyback on publishers’ consent forms. When I talked to Shannon Yavorsky, a lawyer who has been following the GDPR requirements at Venable, she said clients were particularly stymied by the question of who would be liable if data was breached from a sharing partner. “I get asked all the time, what’s the market standard?” Yavorsky says. “We just don’t know. There haven’t been any penalties, so we don’t know what the enforcement is going to look like.” There’s no obvious fix to any of those issues, and the underlying disagreements will rage on long beyond the May deadline.

WILL THIS ACTUALLY MAKE ONLINE DATA COLLECTION LESS CREEPY AND INVASIVE?

It’s too early to say. We know roughly what compliance looks like, but we still don’t know what enforcement will look like or how aggressive the EU regulators will be. The simplest takeaway is that breaches will get a lot more costly, and that cost will be spread a lot further through the network. It will get more expensive to share user data, and sites will probably try to make do with fewer partners, which would certainly be a win from a privacy perspective. Regulations like this tend to hit small companies the hardest, so the GDPR might also tip the scales even further toward big players like Google and Facebook, even as the overall pool of data shrinks.

The rule could also create a divide between the European Union and the rest of the internet. So far, most companies have aimed for a single set of privacy rules for all users, which is why so many US users are noticing new privacy features and terms of service. But in many cases, it’s still easier to split off EU data, which could result in European users seeing a meaningfully different internet from the rest of the world.

On the other hand, it would be hard to make data collection more creepy at this point. So much of the internet is based on the free exchange of user data, especially the gnarly hairball that is the targeted advertising industry. That has real political consequences: the NSA can use the same system to track users across the web, and political firms like Cambridge Analytica can use it to quietly single out particular subgroups. We’ve spent the last 15 years thinking of lucrative things to do with that data, on the assumption that it would always be freely shareable. The GDPR is starting to roll it back, but the most profound changes will take years to play out, potentially reshaping the web as we know it.

Update May 25th, 9:49AM ET: This story has been updated to reflect the launch of GDPR.

https://www.theverge.com/2018/3/28/17172548/gdpr-compliance-requirements-privacy-notice


Privacy Policies are Mandatory by Law

Privacy Policies are Mandatory by Law - update

Why is a Privacy Policy mandatory by law while a Terms and Conditions or a Terms of Use agreement is not?

Before we answer this question, let’s define what a Privacy Policy is:

Privacy Policies are agreements where you need to specify what personal data you collect from your users.

Privacy Policy agreements are mandatory because you’re collecting data that can be used to identify an individual, and this data is legally protected around the world.

What kind of personal data is personal enough to identify an individual? There’s a lot that can fall into that category:

  • Email address
  • First and last names
  • City or town plus country
  • Shipping or billing addresses. Most ecommerce stores will need a Privacy Policy as each transaction data of a purchase will involve personal data from users.
  • Social security number

Anonymous data (that doesn’t include personal data) can also be classified as “personally identifiable information” if used in connection with another type of data that can result in identifying an individual.

Privacy laws

*Editor’s note: The video above has outdated content regarding EU laws. The article content is updated as of November 21, 2018. We apologize for any inconvenience this may cause.

In United States

US Flag

While there isn’t a single federal law that requires companies in the US to have a Privacy Policy, the sum of various federal and states laws suggest that you should.

There are several laws, including federal and state laws, that have provisions on data privacy. The FTC, the Federal Trade Commission, regulates data protection on all consumers in the USA.

  • The Americans With Disability Act
  • The Cable Communications Policy Act of 1984
  • The Children’s Online Privacy Protection Act (COPPA)
  • The Computer Fraud and Abuse Act of 1986
  • The Computer Security Act of 1997
  • The Consumer Credit Reporting Control Act
  • The California Online Privacy Protection Act (CalOPPA)

The Consumer Federation of California’s Education Foundation makes it clear that under CalOPPA, any operator of a commercial website or online service that collects personally identifiable information through the internet about individual consumers residing in California must have a Privacy Policy on its website:

The FTC on requirements of CalOPPA

In Australia

Australia Flag

In Australia, the Privacy Act 1988 is the law that governs data privacy. The same Privacy Act requires companies from Australia to have a Privacy Policy.

This Act regulates the handling of personal information of individuals and mentions the collection, use, storage and disclosure of personal information.

It groups 13 Privacy Principles that each company that’s required to comply with the Privacy Act should follow.

The first Privacy Principle is to have a Privacy Policy and for the agreement to be up-to-date.

In the UK

Flag of UK (Great Britain)

The Data Protection Act 1998 (or DPA) is the law on privacy in the United Kingdom.

Companies that must comply with UK’s DPA act must follow the 8 principles, condensed here:

  • Any kind of personal data from users must be collected in a specified and lawful way. The data also cannot be processed in any way that’s incompatible with that purpose.
  • The personal data you collect should be adequate, relevant and not excessive in relation to the purpose for which you’re collecting the personal data.
  • The personal data should be kept up to date and accurate.
  • Any kind of personal data collected from users should not be kept longer than is necessary for the purpose which it was collected for.

In Canada

Canada Flag

PIPEDA, the Personal Information Protection and Electronic Documents Act, is the law of Canada on protecting user data.

PIPEDA is the law that requires companies from Canada to have a Privacy Policy.

Under the PIPEDA Act, personal information means:

any identifiable information about an individual whether recorded or not and it applies to the collection, use, and disclosure of personal information by organizations during commercial activities.

“Organizations” include associations, partnerships, persons and trade unions. “Bricks-and-mortar” and e-commerce businesses are covered by the Act.

In the European Union (EU)

Flag of EU

The General Data Protection Regulation (GDPR) regulates the processing of personal data within the European Union. This directive has strict, global requirements for companies who deal with residents of the EU.

One of the main requirements of the GDPR is that you have a Privacy Policy that’s easy to locate and understand.

In other countries

India

India incorporates data protection provisions in its Information Technology (IT) Act 2000.

Singapore, Malaysia, South Korea and Vietnam

In Southeast Asia, various national laws require companies to have a Privacy Policy agreement.

  • In Singapore it’s the Personal Data Protection Act 2012 (PDPA).
  • It’s also called the Personal Data Protection Act (PDPA) in Malaysia. Malaysia’s PDPA Act came into force in November 2013.
  • In South Korea it’s called Personal Information Protection Act and it came into force in 2012.
  • In Vietnam, it’s Article 21 of the Law on Information Technology

TermsFeed Privacy Policy Generator: How to Create a Privacy Policy for Your Website

Our Privacy Policy Generator makes it easy to create a Privacy Policy for your website. Just follow these steps:

    1. Click on the “Start the Privacy Policy Generator” button.
    2. At Step 1, select the Website option and click “Next step”:

TermsFeed Privacy Policy Generator: Create Privacy Policy for Website - Step 1

    1. Answer the questions about your website and click “Next step” when finished:

TermsFeed Privacy Policy Generator: Answer questions about website - Step 2

    1. Answer the questions about your business practices and click “Next step” when finished:

TermsFeed Privacy Policy Generator: Answer questions about business practices - Step 3

    1. Enter your email address where you’d like your policy sent, select translation versions and click “Generate My Privacy Policy.” You’ll be able to instantly access and download your new Privacy Policy:

TermsFeed Privacy Policy Generator: Enter your email address - Step 4

*Editor’s note: The presentation above has outdated content regarding EU laws. The article content is updated as of November 21, 2018. We apologize for any inconvenience this may cause.

Requirements from third-parties

Besides national laws requiring you to have the agreement, third parties are also requiring you to have a Privacy Policy if your app collects personal information:

  • All iOS apps need a Privacy Policy. Apple’s App Store Review Guidelines states that apps that will collect personal information from users without consent and proper notification will be rejected.
  • Android Apps have the same requirement. The Developer Distribution Agreement from the Google Play Store requires you to have privacy procedures and notices in place.
  • Developers of Windows Phone apps are required by the Microsoft App Developer Agreement to have a Privacy Policy.
  • Even if you operate a simple website and only use Google Analytics, you’ll still need a Privacy Policy. Google’s Terms of Service requires all users of Analytics to have a Privacy Policy in place.
  • Facebook requires you to have a Privacy Policy for Facebook apps you may develop.
  • If you use Login with Amazon, Amazon requires that you have a Privacy Policy available before you can use the sign-in functionality.

 


3 Things You Should Know About Europe’s Sweeping New Data Privacy Law

The U.S. takes credit for creating the Internet, and the European Union seems determined to govern it. On Friday, a sweeping new directive goes into effect called the General Data Protection Regulation, or GDPR. Taken together, its 99 articlesrepresent the biggest ever change to data privacy laws. The new rules have implications for U.S. Internet users too.

Here are answers to three questions you might have about the new law and its potential impacts.

What is GDPR?

It’s a new law that protects residents of the EU — people living there, including Americans. (If you’re a European and live in the U.S., you’re not protected.) Under GDPR, all companies that have an Internet presence — including large American companies like Google, Microsoft and Facebook — have to comply.

At the most basic level, GDPR expands what counts as personal data and your rights over that data. Your data is, for example, what you post on social media, your electronic medical records and your mailing address. It’s also your IP address (a string of numbers that’s unique to your smartphone or laptop), as well as GPS location.

The directive says people have to give permission for a company to collect their data. A company can’t just sign you up without explicitly asking. And the more personal the data — say, biometrics, which is considered a special category under the law — the ask must be even more clear.

Europeans have a right to have their data deleted if they don’t want a company to keep it. Companies have to delete the data without undue delay, or face a penalty.

I live in the U.S. How does it impact me?

If you’re American, you’re probably getting a lot of emails and push notifications from your apps and maybe even newsletters you forgot you signed up for. For example, new privacy notices from Spotify and eBay say you can request to delete personal data they’ve stored.

“But there’s nothing binding about it,” says attorney Michael R. Cohen, who is based in Minneapolis. “In the U.S., the business model is pretty much, companies can do what they want, so long as there isn’t a specific law prohibiting it.” The U.S. has laws protecting data privacy for health and financial records, and and for children. “Other than that, we’re pretty much the Wild West,” Cohen says.

That’s how as many as 87 million Facebook users had their profiles land in the hands of a political operative. Last month, in testimony before Congress, Facebook CEO Mark Zuckerberg said he’d give Americans all the same controls Europeans have.

“We believe that everyone around the world deserves good privacy controls. We’ve had a lot of these controls in place for years. The GDPR requires us to do a few more things, and we’re going to extend that to the world,” he said.

In reality, Zuckerberg isn’t offering the same protections. For Facebook users, there is a big difference between Europe and the U.S. when it comes to what is collected by default. In Europe, Facebook has to get permission to do facial recognition — and it’s not the default setting. But in the U.S., it is. American users have to click through screens to opt out.

Will the new law hurt businesses that rely on data collection?

That is a key debate right now. One side argues that GDPR will be terrible for competition, giving big businesses a leg up over small ones. Small companies won’t be able to afford the millions of dollars in expenses that come with managing and protecting data. So they won’t survive.

Another camp argues that consumers don’t trust businesses on the Internet anymore anyway (as evidenced by the rise of ad blockers). If that’s the real problem, the laws will make a difference by making businesses think more deeply about what data they collect and why, and GDPR may improve the quality of the Internet.

But it’s too early now and this is all a guessing game at this point.

https://www.npr.org/sections/alltechconsidered/2018/05/24/613983268/a-cheat-sheet-on-europe-s-sweeping-privacy-law


GDPR for US Websites: Here’s What Businesses Need To Know About Site Compliance

GDPR for US WebsitesIt’s one of the biggest data privacy laws in over 20 years. The European Union’s General Data Protection Regulation (GDPR) will go into effect on May 25, 2018. These regulations will impact businesses that utilize personal data of EU citizens, even if the company does not have a physical presence in Europe. This means that the GDPR will be applicable for US websites as well.

If you are a US company with a website and you receive traffic from European Union visitors, regardless whether you market your products or services to European markets, listen up.

Here’s what every US business needs to know about the new data privacy rules, GDPR requirements and deadlines.

Define GDPR

What is GDPR and Why Should I Care?

GDPR, which stands for General Data Protection Regulation, was passed back in May 2016. In an effort to establish “digital rights” for European Union citizens, the EU gave websites two years to comply with the new set of personal data protection and privacy rules.

GDPR Goes Into Effect May 25, 2018.

No matter where you are based, the GDPR will apply to any organization that collects and stores personal data* on European Union users on their website as of May 25, 2018.

What Does Personal Data Include Under GDPR?

According to the European Commission, personal data* includes, “any information relating to an individual, whether it relates to his or her private, professional or public life. It can be anything from a name, a home address, a photo, an email address, bank details, posts on social networking websites, medical information, or a computer’s IP address.”

  • Identification information: name, telephone, physical and email address and government ID numbers
  • Website data: location, IP address, cookie histories and RFID tags
  • Health, mental and genetic data
  • Biometric data
  • Racial, cultural or ethnic data
  • Political opinions
  • Sexual orientation
  • Tagged photos

How will GDPR Impact US Websites?

Considered data controllers, all US business websites that collect personal information will be held accountable for any data collected, processed or dispersed on an EU citizen.

If an infringement of a customers’ information occurs on a US website or a breach of security is not reported correctly, organizations could risk steep financial and legal penalties. If you don’t do anything to comply, you’re looking at potential fines of up to 4% of annual global revenue or 20 million euros ($23,714,240 U.S. dollars), whichever is greater.

Steps to Ensure GDPR Compliance for US Websites

As you can imagine, compliance will be difficult for small (even large) U.S. businesses who operate websites and may receive web visits from European residents.

GDPR requires companies that collect personal data on their websites to first ask for consent.

For example, let’s say you run an advertisement promoting a white paper. But in order for users to access your piece of content, you ask them to complete a form with their name and email address.

What can be done with this captured data?

In a business to business (B2B) scenario, you can use the email to send the white paper, however, you must give the recipients the option to opt-out of future emails, include a privacy notice on how their data will be processed and link to your GDPR compliant privacy policy as well.

You no longer have the right to keep their details on your US website since the “transaction” has been fulfilled by sending them the white paper. Unless you make some changes…

Thankfully we have some tips to help you get started with GDPR website compliance right away:

  • Edit all forms by asking for their company name and adding a description of what the user is signing up for
  • Ensure all forms and other data collection methods on websites are explicitly opt-in (note, a tick-box must not be pre-ticked)
  • Make it easy for users to opt-out or unsubscribe
  • Add a cookie alert banner
  • Update privacy policy/ terms and conditions to reference GDPR terminology

GDPR for US Websites

If you already have a form that has a pre-ticked box, you’ll need to update that before May 25 to reflect the above.

Now, what about all that personal information that’s already stored within US. websites?

By law, organizations are not allowed to market to anyone on that list who did not explicitly agree to be marketed to. So, before May 25, send all of your contacts an email with a form asking them to re-consent to receiving your newsletter and product or service offerings.

Facebook GDPR

As a Facebook advertiser, GDPR has changed the rules for collecting, processing and storing data on EU individuals. Additionally, those using Facebook pixels on a website and/or custom audiences are also liable to comply with GDPR regulations.

Marketers may continue to advertise on Facebook, but they are responsible for ensuring GDPR compliance. Complying with GDPR within Facebook means that brands must first gain users’ consent before utilizing their information, inform subscribers on how their data will be used and show or delete users’ information, if requested.

Mailchimp GDPR

One of the key requirements of the GDPR regulation is that user consent must be “freely given, specific, informed and unambiguous.” This means that if your business collects personal data, such as names and email addresses and has been sending email newsletters or promotions without confirming their consent, you could be in hot water.

Mailchimp offers simple tools related to consent to help businesses stay compliant with the latest GDPR laws.

  • Start a new GDPR-compliant list for all future email campaigns.
  • Design GDPR-friendly forms that are consistent with your brand.
  • Respond quickly to data requests from contacts.
  • Stay protected with transparent data policies.

Google Analytics GDPR

The changes brought on by GDPR directly impacts online marketing efforts, particularly those used for Google Analytics. Every businesses must adapt to the new requirements, which can be tricky at first.

To ensure your business is using Analytics in compliance with GDPR, start by auditing all current data, anonymize potentially personal identifying information (PII) on users, such as an IP address and obtain explicit consent before moving forward with loading the Google Analytics script. Pop-ups or widgets offer first-time visitors – as well as returning visitors – the opportunity to opt in/out.

GDPR Countries

The physical location of an organization does not impact GDPR compliance; it is the physical location of the individual whose data is being collected, processed or stored that matters. Even if you’re a US company, chances are probably that you have European Union residents in your database.

GDPR covers all of the European Union (EU) Member States, which includes: Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain and Sweden. The United Kingdom, including Channel Isles, England, Northern Ireland, Scotland and Wales, is still part of the EU, thus governed by GDPR.

GDPR also includes European Economic Area Countries, such as Iceland, Lichtenstein, and Norway as well as dependent territories/countries that are technically in the EU – though not in Europe – governed by GDPR. These include: Azores, Canary Islands, Guadeloupe, French Guiana, Madeira, Martinique, Mayotte, Reunion and Saint Martin.

GDPR For Dummies

In the most simple terms, the General Data Protection Regulation (GDPR) is a game-changing data privacy law that has set guidelines for collecting and processing personal information of individuals within the European Union (EU).  It is the biggest change in data protection laws in the past 20 years.

The rule enforces the following:

  • The right for people to lawfully agree with companies to use their private information
  • The right for users to have their private information no longer accessible by a company
  • The right to for individuals to allow their private information to become public or not

Those who don’t comply with the GDPR law may face a fine of up to 20,000,000 euros, or up to 4% of the company’s profits from the previous year, whichever is higher.

Simply put, GDPR is a regulation that businesses must take seriously.

California Consumer Privacy Act

Following in the footsteps of GDPR, California approved a new regulation set to go into effect January 1, 2020. The California Consumer Privacy Act is very similar to the GDPR law, providing residents living in CA the right to control the data that companies collect on them.

To prepare for this new regulation, businesses must first become aware. Check. And then start identifying potential data risks, keeping only the personal information necessary to service direct business and legal needs.

GDPR Article 28: What Processors Need To Do

According to Article 28, a data processor must be GDPR compliant; processing data according to the requirements of the data controller. Under the GDPR, processor refers to a legal person, public authority, agency or other body which processes personal data on behalf of the controller. The controller is “a natural or legal person, which alone or jointly with others, determines the purposes and means of personal data processing.” Two common examples of a controller are a business obtaining client or employee details or a school holding student records.

These requirements must be specified in a controller/processor contract and must also contribute to any compliance audits.

Facebook and Google Hit with GDPR Lawsuits

On the first day that the GDPR law went into effect, both Facebook (WhatsApp) and Google (Android operating system) were hit with lawsuits accusing them of coercing users into sharing their personal data through terms and conditions.

The lawsuits suggest that both companies were in breach of GDPR because they followed a “take it or leave it approach” to gaining users consent. Both Facebook and Google claim that the necessary steps have been taken to ensure compliance with the new regulations.

Google’s GDPR Lawsuit: Just the Tip of the Iceberg

As one of the largest handlers and processors of people’s data in the world, it’s not a surprise that Google was one of the first to be hit with a record fine for breaching the GDPR. But it’s not just global businesses that need to be aware. Almost all large companies, as well as many small to medium sized businesses must be prepared for the GDPR and modify business models and provision of services.

Amazon, Netflix, Spotify, YouTube Accused of Breaking Data Regulations

In January, a data privacy activist, noyb, targeted YouTube, Netflix, Amazon, Apple, Spotify, and Soundcloud, alleging that they’re all in violation of GDPR. According to the GDPR, data must be both machine-readable and easily understood by customers. Noyb said that only some of the data was “intelligible,” as some parts were supplied in a format that could not be understood by individuals.

Also, each of these “streaming giants” failed to supply additional information to which people are entitled, such as a list of other companies with whom their data was shared.

Shopify GDPR: What Online Store Owners Need to Know

While every business is different, GDPR compliance remains the same for shop owners. First, regardless of where a business is based, GDPR applies to all companies that offer products or services to consumers located in Europe. The law empowers Europeans to have a say in exactly how their data is being used. As a result, store owners should only collect the data they need, not assume compliance, and make terms and conditions really (really) clear.

Put it all out in the open. It’s the simplest (and safest) ways to stay protected from concerns about GDPR compliance.

GDPR WordPress: What You Need To Know

Unsure how GDPR is impacting your WordPress site? If you are storing or processing data, such as contact forms, analytics, online marketing, membership sites, online stores, etc., it’s vital to ensure your website is GDPR compliant.

Consider adding an extra layer of transparency, especially if you are storing information for marketing purposes. Do this by getting explicit consent from users via a simple consent checkbox with a clear explanation and also complying with data-deletion requests.

WordPress GDPR Plugin

Several WordPress plugins can help to automate compliance for GDPR. From privacy preference management, data breach notification logs and telemetry trackers for visualizing website data, this plugin is designed to assist Controllers, Data Processors, and Data Protection Officers (DPO) in their efforts to meet the obligations enacted under the GDPR.

However, be aware that due to the dynamic nature of websites, no single plugin can offer 100% compliance. Therefore, it is advised to double check all settings, refine consent management and assess unique responsibilities to meet obligations required by law.

7 GDPR Principles

When collecting, processing and/or managing personal information data, organizations must follow seven key principles, according to GDPR. These principles should lie at the heart of your approach to processing personal data.

  • Consent- You need clear and affirmative action from individuals to process their personal data.
  • Right to Access – Individuals have the right to know what data you have of theirs and what you are going to do with it. You must be prepared to provide them an electronic copy upon request.
  • Right to Erasure – Individuals have the right to require the deletion of their data at any time.
  • Data Portability – Individuals have the right to require organizations transmit their data to another company.
  • Breach Notification – In the event of a data breach, individuals must be notified with 72 hours.
  • Privacy by Design – Data protection measures must be incorporated into the design of systems from the very beginning, not just added later. And companies can only hold and process the data unless absolutely necessary (data minimalization). They must also limit access to that data.
  • Data Protection Officers – Large-scale data processing companies must hire a Data Protection Officer, who acts independently in order to assess regulatory compliance.

GDPR and Salesforce

Ensuring that your Salesforce is GDPR compliant for e-commerce begins with reviewing existing customer data you have on file, monitoring the customer data you collect, and establishing a strategy.

Always document compliance, copies of privacy notices and consent forms; conduct regular risk assessments to review controls and processes; and notify data controllers of any data breaches as soon as they occur.

GDPR Hubspot

While every business is different, data collection and storage practices (including marketing and sales processes) must comply with GDPR. If you use tools like Hubspot or Salesforce, make sure you have a system for recording consent. Include the how and when you received it and any updates made to consent information.

The GDPR regulation builds in two new rights for data subjects: a “right to be forgotten” that requires controllers to alert downstream recipients of deletion requests and a “right to data portability” that allows data subjects to demand a copy of their data in a common format. In other words, your contacts should be able to easily opt in or out of different kinds of communication (email, SMS, phone messages, marketing messages, etc.).

The Cost of Non-Compliance

It pays to play nice. If you take steps to mitigate any possible damage, warnings may be issued. However, negligence or any attempt to hide bad practices can lead to steep penalties.

As stated above, expect to see fines of up to 20 million Euros ($22,734,300) or 4 percent of annual global turnover, whichever of both is highest.

Understanding which infringements these penalties apply to could be key to your business avoiding fines. If you receive a written warning, take it seriously, as you most likely won’t get one again.

Twitter GDPR

According to the FAQ page, Twitter complies with the GDPR by using the Twitter International Company (an Irish commercial entity) as the controller of data outside the United States. In addition, Twitter International Company has Data Transfer and Processing Agreements with Twitter, Inc., within the U.S., and its affiliates, which allow Twitter, Inc., to process personal data.

In other words, if you are using Twitter for business (or Instagram, Facebook, LinkedIn, etc.), ensure your organization is taking good care of the data you’re working with and that you are providing clear consent for the data gathered.

Opt-In: GDPR-Friendly Email Marketing

One of the biggest questions when it comes to GDPR and email marketing is the contact list and if you can keep emailing those who were on your mailing list prior to May 25, 2018.

If your mailing list includes subscribers who were automatically opted-in – whether through a pre-checked box or via a purchased mailing list, then you will need to gain consent from them again. Recital 32 states, “Silence, pre-ticked boxes or inactivity should not constitute consent.”

In addition, make it easy for them to withdraw consent. And explain how. According to Article 7(3), “The data subject shall have the right to withdraw his or her​ consent at any time. (…) It shall be as easy to withdraw as to give consent.”​

Unsure how to regain consent? Just ask! Just remember to get permission and store record of it when you do.

GDPR Examples

Consent doesn’t just mean gaining affirmative consent. It also requires your organization to make it easier for people to understand what their consent actually means. As you might imagine, urging your audience to actively consent to having their data used for marketing purposes is much easier said than done.

When it comes to best practices, provide a straight forward message with clear consent wording and include a cookie consent notice. Google provides a concise description about how they use cookies along with a video to ensure users understand.

GDPR Unsubscribe Rules

If contacts want to unsubscribe from emails and newsletters, make it easy for them. The unsubscribe process must be clear and simple with a visible unsubscribe link in every email where you subscriber can do the following:

  1. Unsubscribe to that particular marketing communication
  2. Easily unsubscribe to all of your communications
  3. Contact a specific return email address

GDPR Website Checklist

According to GDPR, websites must notify visitors that they are using cookies, location data and any other personal information that users are about to provide.

Are you ready? Here are a few points that website owners should take care of to be GDPR compliant:

  • Offer the option to withdraw consent (opt-out).
  • Provide a separate consent from the Terms & Conditions.
  • Ask for less information.
  • Ensure nothing is checked off by default.
  • Boost overall security of the website through an SSL certificate.
  • Secure the company data with a Data Protection Officer.
  • Notify users if a website has integrated a 3rd party tool to track IP addresses.
  • Gain clear consent to process data for cookies.
  • In the event of a data breach, have a procedure in place to notify all users.
  • Create a unique privacy policy so customers know what data they are providing and what information websites are acquiring.

As you can see, this transition is going to be tricky. If you need help making your US websites GDPR compliant, get in touch ASAP to see how CMDS can help.

GDPR for US Websites: Here’s What Businesses Need To Know About Site Compliance



 

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