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These often overlooked pages can be critically important to your business and likely require legal help.
So, you have a nice new website. The architecture is edgy-cool. The images are high def and very professional. The content you’ve written pops off the page. You’re ready for visitors.
Whether you are a B2C or B2C, you will be interacting with “users”. They’re going to be using your website, clicking on its beautiful new pages, images and links. They may be filling out contact or comment forms, copying or linking to your content, or downloading and sharing it on the internet, providing payment or other sensitive information, and in some cases subscribing to and using your services directly.
For example, if your services may reach California residents, California’s Online Privacy Protection Act (CalOPPA) would provide a baseline for most B2C and B2B applications. The recently active Consumer Privacy Act (CPPA) adds more requirements for companies that fit additional commerce or user data requirements. Regardless of whether you currently have California users, you may consider a form of policy compliant with these laws as a “best practices” around which other states’ laws may evolve.
The Federal Children’s Online Privacy Protection Act (COPPA) has additional requirements you must meet.
If your website or services are targeting or reaching users outside the U.S. you may need to tailor your policies. European General Data Protection Regulation (GDPR) or Canada’s Personal Information Protection and Electronic Documents Act (PIPEDA) are examples.
• Identify who you are and how to contact you;
• Detail exactly what types of personal and non-personal data you collect;
• Disclose why you collect the data;
• Discuss how you use the data;
• State how you share the data with third parties; and
• Explain the user’s rights—how they can opt-in or opt-out of having their data collected, request changes to the information you’ve stored, or request that their data be deleted
Again, some laws may require more than this.
You should consult an attorney experienced in creating these documents, and who can help you to write and implement contracts that fit your business needs and the legal requirements that apply to your business.
Then you should post them prominently to your new website. With handsome new links.
Written by guest author Scott Gingold, Owner and Principal Attorney, Gingold Legal.