Writing a privacy policy may seem like a hassle, but it is a crucial step for every compliant website.
In this guide, I will explain, in a simple and practical way, everything you need to know to create a clear, effective privacy policy that is fully GDPR-compliant. We’ll cover what to include, why it’s important, and how to structure the document to build trust with your visitors.
Whether you run a blog, an e-commerce site, or a simple landing page, this guide will help you do things right without overcomplicating the process. Let’s get started!
What is a privacy policy?
The privacy policy is a document that clearly (or at least it should!) explains how a website or app collects, stores, shares, and protects users’ personal data.
It’s not just a formality: it’s a legal requirement to comply with laws like the GDPR in Europe or the CCPA in the United States, which aim to safeguard personal information in the digital world.
Besides being a legal obligation, a well-crafted privacy policy is a statement of transparency and respect for users, a key value for anyone looking to build trust and credibility online. So, it’s not just about rules: it’s also a strategic choice to show your users that their privacy matters to you.
Why is a privacy policy important?
A well-written privacy policy is not only a necessary document but also a critical protection for you and your business. Without it, you risk not only fines that can reach up to €20 million or 4% of annual global turnover (as stated in the dreaded Article 83 of the GDPR) but also something equally valuable: your visitors’ trust.
In a world where online privacy is increasingly under the spotlight, a clear privacy policy shows that you take data protection seriously. This not only keeps you legally safe but also helps you build a relationship of transparency and trust with your users, an essential foundation for the success of your site.
What does the GDPR say about privacy policies?
The GDPR sets out specific rules on how personal data should be handled. According to Article 13, every site must provide users with transparent information on:
- What data is collected.
- Why it’s collected.
- Who will have access to the data.
- How long the data will be retained.
Additionally, the document must be easy to understand, free from overly complex technical jargon.
Remember, if you operate a website within the European Union or handle data of European citizens, it is mandatory to comply with the GDPR.
What should a privacy policy include?
The privacy policy must be easily accessible on the site (usually in the footer or cookie banner) and written clearly, avoiding overly complex legal terminology.
Moreover, the privacy policy must contain the following elements
- Introduction
The privacy policy should start with an introduction that includes information about the company, such as name, contact details (address, email, phone), and legal registration details.
It should also specify the purpose of the document, i.e., to inform users about how their personal data is handled.
- Types of data collected
You need to list the types of personal data collected, such as name, email, phone number, address, and payment information. If sensitive data is processed, it should be explicitly stated. Additionally, mention browsing data automatically collected, such as cookies, IP addresses, and geolocation data.
- Data collection methods
The policy should explain how data is collected, for example, through registration forms, transactions, emails, or cookies. It should also clarify how user consent is obtained, such as via cookie banners or checkboxes, especially to comply with GDPR.
- Purpose of data processing
It is essential to specify the purposes for which the data is used, such as order management, sending newsletters, marketing, or service improvement. You should also indicate the legal basis for processing, which can be user consent, contract execution, legal obligations, or legitimate interests of the company.
- Data recipients
You must indicate who has access to the personal data, such as service providers, legal consultants, or public authorities. If data is transferred outside the European Union, specify the measures adopted to protect the data (e.g., standard contractual clauses or Privacy Shield protections).
- Data Retention Period
Specify how long the data will be stored and the criteria used to determine this duration. For example, you can state that personal data will be stored for as long as necessary to provide the service or as required by legal obligations.
If different types of data have varying retention periods, provide a breakdown (e.g., transactional data stored for 10 years, cookies retained for 6 months, etc.).
- User rights
Users have specific rights regarding their personal data, and these must be clearly listed, including:- Right of access: the right to obtain confirmation of the existence of processing and access to one's data.
- Right to rectification: the right to correct inaccurate or incomplete data.
- Right of erasure: the right to request the deletion of data in certain circumstances.
- Right to restriction of processing: the right to restrict the processing of data.
- Right to data portability: the right to receive one's data in a structured format and transfer it to another data controller.
- Right to object: the right to object to the processing of data for legitimate reasons or for direct marketing purposes.
- Right to withdraw consent: if processing is based on consent, the user can withdraw it at any time without affecting the lawfulness of the processing based on consent before the withdrawal.
- Data protection measures
Describe the technical and organizational measures implemented to ensure data security, such as encryption, firewalls, access controls, and regular audits.
While you don’t need to reveal sensitive security details, assure users that their data is protected against unauthorized access, alteration, and breaches.
- Updates to the privacy policy
Inform users that the privacy policy may be updated periodically and provide the date of the most recent revision. Encourage users to check the policy regularly to stay informed about changes.
For significant updates, consider sending a notification or requesting renewed consent if required.
- Contacts
You must provide the contact information of those responsible for personal data protection, including the Data Protection Officer (DPO) if applicable. - Legal references
The privacy policy must refer to applicable regulations, such as the GDPR in the European Union or the CCPA in California.
How to write a privacy policy?
Writing a privacy policy that is clear and compliant with regulations may seem like a daunting task, but with the right approach, you can simplify the process and create a document that meets legal requirements and is easy for readers to understand.
Here are some practical tips to create an effective one:
Be clear and simple
Write in a clear manner, avoiding complex technical or legal language. Users must easily understand how their personal data is processed without being privacy experts.
Use simple, direct sentences and short paragraphs: people tend to skim through legal documents, so break the text into clear sections with headings.
Example:
Instead of: "The data will be processed for proprietary purposes and marketing, unless the data subject expresses their objection."
Write: "We will use your data to send you personalized offers, but you can opt out at any time."
Adapt the tone to your audience
Consider who your users are and how they interact with your site or service. For a younger audience, for instance, you might use a more informal and accessible tone, but without compromising the necessary legal formality.
- Remain professional but use language that is easily understood by everyone.
- Tailor your approach: if the site is related to a specific service (e.g., healthcare app, e-commerce, banking), make the policy relevant to the context.
Be transparent
Don't leave room for ambiguity in your data processing practices. Users should clearly know what data you collect, how it is used, who processes it, and how long it is retained.
- Detail the purposes of processing carefully, always highlighting the benefits for the user.
- Don’t hide information: avoid making the policy overly short or superficial to obscure certain practices. Instead, be complete yet concise.
Example: "We collect your email address to send you updates about our products, but if you no longer wish to receive these emails, you can easily unsubscribe at any time."
Maintain consistency with other policies
If you have other policies on your site (e.g., a cookie policy), ensure that your privacy policy aligns with them. Cross-references are helpful to avoid discrepancies between documents.
- Explicitly reference the cookie policy if your site uses cookies, explaining that the two policies are interconnected and complementary.
- Ensure consistency within sections: if one section states data will be retained for five years, do not mention a different retention period elsewhere without clarification.
Link to additional documentation
Make it easy to access all policies: allow users to easily find information related to privacy and data management.
Remember that under the European privacy regulation, privacy and cookie policies must be available on every page of the website. For example, they can be accessed through a footer or cookie banner.
Use an automatic generator
If you're unsure how to structure the policy correctly, you can use a tool like Avacy CMP, which helps you generate a privacy policy by answering simple questions, customizing the text based on your business needs, or uploading an existing version.
Automatically generate the privacy policy, then review it to ensure it meets your legal and informational requirements.
Provide a contact for questions
Always include a contact (email, phone number, etc.) where users can ask questions or seek clarifications about the privacy policy. This helps build trust and transparency.
When is a privacy policy mandatory?
A privacy policy is mandatory whenever a website collects, processes, or shares personal data of users, such as names, email addresses, payment information, or sensitive data.
Additionally, a privacy policy is required for sites that use cookies or other tracking technologies to inform users about how their data is collected and used.
Here are some practical examples of when a privacy policy is mandatory:
- E-commerce, for sites where purchases are made;
- Sites with a personal area, where users can register;
- Sites where users can submit a CV;
- Forms for sending marketing communications or newsletters;
- Websites offering free or paid services;
- Sites with a review or comment system;
The privacy policy must be provided before data is collected, such as during registration, payment information collection, etc.
How to create a privacy policy?
There are various ways to generate a privacy policy, some free and others paid.
Using an online privacy policy generator
If you don't have legal expertise, you can use online tools that generate a customized privacy policy for your website or app. These generators will guide you through a series of questions, such as:
- Do you ask users to fill out a contact form?
- Do you use analytics tools like Google Analytics?
- Do you manage newsletters or e-commerce systems?
- Do these data include names, email addresses, IP addresses, cookies, and even browsing preferences?
Avacy is a consent management platform that guides you step by step in the automatic generation of your privacy policy. How does it work? Simply answer a few straightforward questions about your data processing methods, such as the type of information collected, purposes of use, recipients, and other important details. Based on your responses, Avacy generates a customized privacy policy for you, already compliant with regulations like the GDPR.
Avacy è una piattaforma di gestione del consenso (consent management platform) che ti guida passo dopo passo nella generazione automatica della tua privacy policy. Come funziona? Ti basta rispondere a semplici domande sulle modalità di trattamento dei dati, come il tipo di informazioni raccolte, le finalità d’uso, i destinatari e altri dettagli importanti. In base alle tue risposte, Avacy crea per te una privacy policy personalizzata, già conforme a normative come il GDPR.
And that's not all: you can further customize the document, editing its content to perfectly fit your site or business. If you already have a privacy policy, no problem! You can upload it directly to Avacy, which will integrate it with advanced consent and cookie management features, making everything simpler and compliant with privacy laws.
Easy, fast, and free: what more could you ask for?
Manually drafting the privacy policy
If you prefer, you can choose to manually draft a customized privacy policy.
Follow the basic structure and include all the required information, as described earlier.
Consulting a lawyer or privacy expert
If your business handles particularly sensitive data or if you have doubts about legal compliance, consult a lawyer or a privacy expert to ensure your privacy policy is complete and compliant with regulations. A professional can provide assistance specific to your case and the applicable laws.
Conclusions
With these tips, you're ready to write a clear, professional, and fully compliant privacy policy for your site. Remember: a well-crafted privacy policy is not just a legal requirement but also a powerful tool to demonstrate transparency and build trust with your users. In an increasingly privacy-conscious digital world, doing things right truly makes a difference!
