Privacy Policies are often required on commercial websites

If a commercial website collects personal information from consumers and users, it is often required that a Privacy Policy be posted to the website.  Here are FOUR things to know about Privacy Policies:

  • ITS THE LAW, to post a Privacy Policy if a website is directed to children under 13 or a website operator knows that personal information is being collected from kids under 13
  • ITS THE LAW, to post a Privacy Policy if any personally identifying information is collected from consumers based in California
  • The EU, Canada and Australia require that website operators who collect personally identifiable information from consumers in within their borders post Privacy Policies.  Even if you are operating a website from another country, posting a Privacy Policy is recommended if you are collecting information from people in these countries.
  • POST AN ACCURATE PRIVACY POLICY.  This sounds obvious, but it’s important that the Privacy Policy that you post is accurate, relevant to your business, clear and is not deceptive.

For more information see: State Laws: http://www.ncsl.org/default.aspx?tabid=13463; Children’s Online Privacy: http://business.ftc.gov/privacy-and-security/children%E2%80%99s-online-privacy; EU ‘safe harbor’ arrangement: http://www.ita.doc.gov/td/ecom/menu.html; @iplegalfreebies and www.kasterlegal.com.

BY: Vanessa Kaster, Esq., LL.M.

vk@kasterlegal.com