Privacy Policy

Definition

A privacy policy is a comprehensive legal document that describes an organization's practices regarding the collection, use, disclosure, storage, and protection of personal information. Privacy policies serve as the primary transparency mechanism, informing users about data practices and establishing the contractual relationship regarding data handling. Most privacy laws require privacy policies, though requirements vary by jurisdiction. California's CalOPPA requires operators of commercial websites collecting personal information from California residents to conspicuously post a privacy policy. The GDPR requires providing detailed information to data subjects through privacy notices, often implemented as privacy policies. A comprehensive privacy policy typically covers: types of information collected, methods of collection, purposes of processing, legal basis for processing (for GDPR), recipients and third parties, international data transfers, retention periods, security measures, individual rights, cookie usage, children's privacy, policy updates, and contact information. Privacy policies must be easily accessible—typically linked in website footers and app settings. They should be written in plain language, organized logically with clear headers, and updated when practices change. The policy should accurately reflect actual practices—discrepancies expose organizations to regulatory action and FTC deceptive practices claims. Privacy policies are living documents requiring regular review and updates as business practices, technologies, and laws evolve.

Applicable Laws & Regulations

  1. 1CalOPPA Business & Professions Code § 22575-22579
  2. 2GDPR Articles 13, 14
  3. 3CCPA § 1798.130(a)(5)
  4. 4FTC Act Section 5

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