But compliance is more than a policy

A privacy policy is a document that states what personal data you collect from your users, why, and how you keep it private. The purpose of the privacy policy is to inform your users about how their data is being handled.

Most countries have privacy laws requiring that websites collecting personal data have a proper privacy policy in place. Failure to comply can result in heavy fines and even prosecution.

You probably do. If your website collects personal data, you need a privacy policy. Most websites collect user data. Often, it happens without the website owner even being aware of it, by means of cookies. If your website is hosted, or if you use plugins, social media buttons, analytics tools and the like on your website, then it does set cookies and collect user data. Find out if your website uses cookies or online tracker with our free cookie checker tool.

A privacy policy should include the following:

• Identification of the site owner
• Details of the data being collected and its duration
• The legal basis for data collection and the purpose behind it
• Specific purposes for which the data is collected
• Categories of personal information collected from website visitors
• Exclusion section for whom the policy does not apply (e.g. minors)
• Third parties with access to the information
• Information on cross-border data transfer and related safety measures
• User rights and how to exercise them
• Link to the cookie policy
• Process for notifying users/customers about changes or updates to the privacy policy
• The effective date of the policy

Depending on the nature of your website or business, your policy may require more information. Your website may also require other policies or legal agreements to be in place.

From time to time laws and third-party requirements are amended and updated; it's important to ensure that your policies meet these latest requirements. You should seek legal counseling to ensure you know when your policy needs to be updated.

Some websites and businesses may require more than just a privacy policy. If your business needs to adhere to regulations such as the GDPR, you might also need to consider implementing a cookie consent solution. Depending on the nature of your website or business, you may also require other legal agreements. For instance, ecommerce websites may need a return policy and a shipping policy.

Legal agreements like Terms and Conditions also play a crucial role in safeguarding your business. These agreements, also known as Terms of Service or Terms of Use, serve as a contract between the website and its users. You can use them to outline the rules for using your website or to define what’s considered prohibited user conduct.

A separate cookie policy may not be necessary if all the necessary cookie information is already included in your privacy policy. In such a case, your privacy policy should encompass the essential privacy details along with the required cookie information. However, for clarity and to adhere to cookie regulations, maintaining a distinct cookie policy alongside your privacy policy might be preferable. This can ensure readability and compliance with all cookie-related requirements.

The GDPR privacy policy serves as a public declaration outlining how your online platform handles the personal data of its users and other relevant parties and how data protection principles are applied. You can find detailed guidelines for crafting a privacy policy in Articles 12, 13, and 14 of the GDPR.

The privacy policy requirements in Germany, governed by The German Telecommunications and Telemedia Data Protection Act (TTDSG) and referencing the GDPR, include the need to provide the controller's identity and contact details, the Data Protection Officer's contact details, a detailed description of processing activities and their purposes, information about the data processed, the legal basis for processing, details about special categories of personal data, recipients of the data, usage of third-party services, data transfers to third countries, data storage duration, guidance on exercising Data Subject Rights, consent withdrawal options, complaint procedures, and disclosure of automated decision-making.

In Denmark, the Databeskyttelsesloven (Data Protection Law) incorporates GDPR article 13, stipulating the essential information to be provided to individuals when collecting their personal data. This includes disclosing your identity, contact details, possible Data Protection Officer (DPO) contact information, the purpose and legal basis for processing, legitimate interests if applicable, categories of recipients, data transfer to third countries, the right to object to processing, and categories of personal data if not obtained from the data subject.

Additionally, based on a specific assessment, supplementary details such as guidance on access rights and the right to file complaints with the Danish Data Protection Agency may be necessary.

The Portuguese Data Protection Law, which adapted the GDPR into Portuguese law, and the Article 29 Working Party Guidelines on Transparency are the key legislations governing privacy policy requirements in Portugal.

The requirements for privacy policy in Portugal are aligned with those of the GDPR. This includes providing detailed information to data subjects and conducting privacy impact assessments where "high-risk" processing is carried out. While there is no strict requirement to provide information in Portuguese, there is a risk that English may not be considered intelligible.

The implementation of the EU's new legal framework, including the GDPR and the Personal Data Processing Act 2019 (ZZOÚ), modernizes data protection in the Czech Republic. ZZOÚ re-creates a supervisory authority for data protection - the Data Protection Authority (Czech DPA). The GDPR has a direct effect in the Czech Republic, but ZZOÚ provides additional provisions to accommodate national requirements, especially in sections 5 to 15.

The Czech Republic's privacy policy, in line with GDPR, mandates the inclusion of specific information, such as the controller's identity and contact details, purpose and legal basis for processing, recipients of personal data, details of international transfers, data storage period, data subject rights, consequences of failing to provide data, and information on automated decision-making and profiling. Controllers must also inform data subjects of any further processing of existing data for a new purpose.

The initial version of the privacy policy generator will launch in English and Italian, with more languages coming soon.

The initial version of the privacy policy generator will support GDPR compliance, with additional regulations to follow soon.