Multiple states across the USA are proposing privacy laws to protect its citizens and their “Personally Identifiable Information” (PII). Some states are proposing laws that will enable its citizens to sue businesses (of any size) located anywhere in the United States. In addition to that, multiple countries have implemented their own strict privacy laws which can apply to businesses outside of those countries.
Does Your Website Need a Privacy Policy?
If your website has a contact form, it needs a Privacy Policy.
Contact forms ask for a “name” and “email”, which are examples of “Personally Identifiable Information” (PII). Multiple countries and states have enacted privacy laws that impose heavy fines for not having an up to date compliant Privacy Policy. Also, over a dozen states are proposing laws that can apply to businesses regardless of their location. Several of these proposed laws will enable its citizens to sue businesses of any size located anywhere.
It’s simple: if you ask for PII through a contact form (and you want to avoid fines and lawsuits) then you must provide a compliant Privacy Policy.
Can I Just “Set It and Forget It?”
No.
The days of simply adding a Privacy Policy to our website and never looking at it again are over. Privacy Policies are changing and evolving at an increasingly fast pace. As a result, if you are not keeping up with that pace you could be putting your business at risk of privacy-related fines and lawsuits.
Reasons why Privacy Policies need to be updated include:
- Increased enforcement of existing privacy laws;
- Updates to existing privacy laws that change the required Privacy Policy disclosures;
- Passage of new privacy laws; and
- Changes to privacy practices.
How Are a Privacy Policy and Terms of Service Different?
Does your website offer links to third party websites? If it does then it should have a Terms & Conditions.
A Terms & Conditions limits a company’s liability. If a user clicks a link to a 3rd party site that is hacked, and then that user gets hacked, a Terms & Conditions helps prevent that business from being sued.
Does My Website Need to Have a Disclaimer?
If your website offers affiliate links, then it should have a Disclaimer. Also, if your website provides information that could be considered health advice or legal advice (law firms!), then you should also a Disclaimer on your website.
A lot of affiliate programs will require you to have a disclaimer, and consumers want to know when you’re getting paid for links you put on your website.
How Do You Keep Track of and Update All of These Policies?
We highly recommend using Termageddon.
Termageddon is the longest-running Privacy Policy generator listed as a vendor by the International Association of Privacy Professionals (iapp.org). The company is founded and run by a licensed privacy attorney who also serves as the Chair of the American Bar Association – ePrivacy Committee.
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