Data privacy protection is a hot-button issue with consumers these days. By now, you’ve most likely caught wind of the complex patchwork of data privacy laws sweeping the globe — the General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA) being among the most robust of the game changers. The aim of these laws is to give consumers greater control over how businesses collect and use their personal data.
But what do the new laws mean for you and your website?
Read on for a primer, and to learn what steps you might need to take get a privacy policy created and published on your website (spoiler alert: Most likely you need one, and most likely I can help :).
What is a Privacy Policy?
A privacy policy page is a statement from you, disclosing the information you collect on your website about visitors. This includes information you collect through cookies, registration, comments, subscription forms, etc. Usually, site owners collect this information by installing web analytics software such as Google Analytics, or stats counters. Users also voluntarily provide information by filling out their information in contact forms, registrations, checkout forms, and comments.
A privacy policy page is also a statement disclosing how you use this information. For example, if you are building an email list, then you need to assure users that their email addresses will not be sold or shared with any third-party websites.
Who Needs a Privacy Policy?
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. This is true whether you are a small-time casual blogger or a billion dollar multinational corporation.
What Kind of Information Do Websites “Collect”?
Here are some of the ways in which a typical WordPress site collects user information.
- Name and email address in blog comment forms.
- Name and email addresses submitted by user by using a contact form.
- Name and email address submitted to sign up for an email list.
- Information collected when users register on a website.
- Google Analytics tracking.
- Facebook page plugin and “like” button cookies.
- Other social media platform widgets that track users.
- Payment processing checkouts requiring name, contact, and credit card/bank account details
- Advertising programs like Google Adsense which track users.
Why Should I Have a Privacy Policy Page on My Website?
In short, if your website collects personal information, a privacy policy will:
- help build consumer trust by providing information and transparency
- help to protect your small business from legal liabilities
- is required by law
What Are the Laws Governing Website Privacy Policies?
There is no single comprehensive federal law that governs data privacy in the United States. Recent times have seen a patchwork of privacy laws emerging across the globe as consumers grow ever more concerned about their privacy. changing the landscape of regulated data protection law But for California businesses, three key laws to get familiar with are the California Consumer Privacy Act (CCPA), the California Online Privacy Protection Act CalOPPA, and the General Data Protection Regulation (GDPR).
Do I Need a Lawyer to Write My Privacy Policy?
You don’t necessarily need a lawyer to draft your privacy policy. The good news for many small businesses is that there are a number of attorney-crafted-policy generators that make it easy — and in some cases free — to generate a basic, custom, compliant privacy policy. Such policies contain clauses written by legal teams that apply to common information collection practices.
How Can You Help Me?
Currently I am using an online policy generator available through a free/basic plan with a company called Termly. Like most such tools, Termly’s generator is designed to satisfy the guidelines of such key laws as CalOPPA, GDPR, and CCPA — and for the needs of most of my clients, the free/basic plan is sufficient. You can have a look at my own privacy policy page here.
If you would like assistance with getting a privacy policy generated and published on your website, please contact me and we will get you up to speed.
Disclaimer: I am not a lawyer. Nothing on this post should be considered legal advice.
More Information, Please!
Here’s a 5-minute video I recommend watching:
And for those wanting to take a deeper dive, a few good articles:
- Complete Guide to Privacy Laws in the US
- https://termly.io/resources/articles/
- https://termly.io/faq/
