Plain Language
Definition
Plain language is a communication approach that prioritizes clarity, simplicity, and accessibility over legal jargon and complex terminology. In privacy law, plain language requirements mandate that privacy notices, policies, and consent requests be written in a way that ordinary people can understand, not just lawyers. The GDPR explicitly requires that information provided to data subjects be concise, transparent, intelligible, and easily accessible, using clear and plain language. This is particularly important when addressing children. Plain language doesn't mean oversimplifying to the point of inaccuracy—it means explaining complex concepts clearly using everyday words, shorter sentences, active voice, logical organization, and helpful examples. Instead of "the controller shall implement appropriate technical and organizational measures," plain language would say "we use security measures to protect your data." Regulators increasingly scrutinize privacy policies for readability. Studies show most privacy policies are written at college reading levels, making them inaccessible to many people. Using plain language builds trust, improves informed consent, reduces disputes, and demonstrates respect for users. Tools like readability scores (Flesch-Kincaid, Gunning Fog Index) can help assess whether language is truly plain. Best practices include writing at an 8th-grade reading level, defining technical terms, using formatting to improve scannability, and testing policies with actual users.
Applicable Laws & Regulations
- 1GDPR Article 12(1)
- 2GDPR Recital 58
- 3CalOPPA Business & Professions Code § 22575(b)(4)
- 4Plain Writing Act of 2010 (5 USC § 301)