In order to know whether your website needs a privacy policy, you should first understand what exactly a privacy policy is.
So, What is a Privacy Policy?
A Privacy Policy is a document that discloses what personal information you collect on your website, what you do with that information, and who you share it with, amongst other disclosures.
Do I Need A Privacy Policy?
Your website needs a Privacy Policy if you use it to collect, use or share personal information, also known as PII (personally identifiable information). Most websites collect personal information such as name and email through the use of contact forms or email newsletter sign up forms, and that’s all it takes. So if you have a simple contact form on your website, then by law you are required to have a privacy policy for your website.
Why is a Privacy Policy Important?
In a nutshell, it can help you avoid fines and lawsuits. Currently, there are seven laws in the United States and the European Union that require most websites that collect personal information to have a Privacy Policy:
- European Union’s General Data Protection Regulation (GDPR);
- The California Online Privacy Protection Act (CalOPPA);
- The California Consumer Privacy Act (CCPA); and
- Nevada’s Revised Statutes Chapter 603A and SB220.
- Delaware Online Privacy and Protection Act (“DOPPA”)
- Personal Information Protection and Electronic Documents Act (“PIPEDA”)
- Australia Privacy Act of 1988
These laws were created to protect the consumers of those states and countries, not the businesses. This means that these laws can apply to businesses outside of those states and countries and may apply to you if you collect the personal information of or enter into transactions with consumers from the European Union, California or Nevada. Find out more by reading What Laws Require Websites To Have A Privacy Policy.
Fines for violations of privacy laws start at $2,500 per violation (per website visitor) in the United States.
Why You Need To Keep Your Privacy Policy Up To Date
NEW PRIVACY BILLS AND THEIR EFFECT
Several states have proposed privacy bills that, if passed, would require websites that collect personal information to have a compliant Privacy Policy. These bills all have different requirements for the disclosures that need to be made in a Privacy Policy and would impose heavy fines for failing to include those disclosures. In fact, some states are proposing to allow consumers to sue businesses directly for not having a compliant Privacy Policy.
Find out more information about potential new privacy laws in the USA here.
If your website gets inquiries from states, provinces and countries other than your own, your business may be required to comply with multiple local, national and international privacy laws.
The Solution? An Auto-Updating Privacy Policy Tool…
Website Policies Pro
Website Policies Pro are specially generated to automatically update your website’s policies whenever the laws change. You are ALWAYS protected. No matter what.
If you have questions about your website or legal policies reach out and schedule a call today.
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