Creating a Boilerplate Website Privacy Policy

Note: Want to skip the guide and go straight to the free templates? No problem - scroll to the bottom.
Also note: This is not legal advice.

Introduction

In the digital era, a website privacy policy is an absolute must for any business or organization that operates online. It’s an important legal document that outlines how a website collects, uses and stores data - as well as how it safeguards personal information. In other words, it serves to protect customers, maintain compliance with relevant laws and regulations, and engender trust in your company.

The Genie AI team have seen first-hand why having a website privacy policy is so essential. This document defines what data is collected from users, who can access it and how it’s stored; whilst also informing customers of their rights such as their right to access or delete their personal data. This transparency helps customers make informed choices about their data usage whilst still enabling companies to remain compliant with the law.

A website privacy policy also plays an integral role in any company’s data protection constitution; setting out stringent rules on collection of user information - thereby helping them stay within the boundaries of the law and avoid significant penalties for non-compliance. Moreover, by having such a clear display of respect for customer’s privacy rights businesses are likely to foster greater trust amongst users: giving them peace of mind that their data will be handled properly and securely at all times.

In conclusion then, from ensuring adherence to applicable legislation to protecting customers’ rights and creating trust in your business - having a website privacy policy is essential in today’s online climate. So if you don’t already have one then now is definitely the time to create one! Here you’ll find our step-by-step guidance on doing this as well as details on accessing our template library so you can get started today!

Definitions (feel free to skip)

General Data Protection Regulation (GDPR): A set of regulations in the European Union that outline how websites must collect, use, store, and disclose user data.

Data Inventory: A list of types of data that are collected and how it is used.

Consent: An agreement to allow a website to collect personal data.

Compliant: Meeting the requirements of a law or regulation.

Contents

• Understanding the importance of website privacy policies
• Identifying applicable laws and regulations
• Gathering data about what data is collected and how it is used
• Formulating a data inventory
• Identifying points of data collection
• Determining data storage methods
• Writing the policy in plain language
• Making the policy available and easy to find on the website
• Ensuring the policy is up to date
• Developing a process for review and updates
• Obtaining user consent
• Creating a process for obtaining consent
• Explaining the consequences of not complying with the policy
• Providing a way for users to contact the website owner with questions or concerns
• Setting up a contact form
• Providing contact information
• Ensuring ongoing compliance
• Establishing a process for monitoring
• Developing a plan for responding to changes in laws and regulations

Get started

Understanding the importance of website privacy policies

• Understand why having a website privacy policy is important for your business, customers, and website users.
• Determine the types of information you collect from visitors to your website and how it will be used.
• Be aware of any applicable federal, state, and international laws that require a website privacy policy.
• Understand the potential liability you can face if you do not have a website privacy policy.

When you can check this off your list:

• When you understand why having a website privacy policy is important, what information you collect from visitors, and any applicable laws that require one.

Identifying applicable laws and regulations

• Research the relevant laws and regulations for your website’s jurisdiction, such as the General Data Protection Regulation (GDPR) in the European Union.
• Refer to the Federal Trade Commission’s (FTC) website for information on the Children’s Online Privacy Protection Act (COPPA).
• Determine if your website is subject to any additional laws or regulations based on the type of data collected and the industry you are in.
• Check if any state or local laws apply to your website’s data collection.
• When you have identified all applicable laws and regulations, you can check this off your list and move on to the next step.

Gathering data about what data is collected and how it is used

• Research the website’s data collection activities and use of data
• Consult with the website’s developers and/or IT personnel to understand what data is collected, how it is used, and if any data is transferred to third parties
• Document the data collected and how it is used
• Include information regarding any third-party data processors
• Make note of any security measures used to protect the data

When you can check this off your list and move on to the next step:

• When you have a detailed list of what data is collected and how it is used, including any third-party data processors and the security measures used to protect the data.

Formulating a data inventory

• Make a list of all the types of data that your website collects from users
• Identify the methods and places where data is collected (i.e. through forms, cookies, analytics, etc.)
• Make a note of whether the data is collected passively or actively
• Make sure to include any third-party services that are used to collect data (i.e. analytics services)
• Note any data that is collected from users in other ways, such as from emails or chats
• Once you have a comprehensive list of data that is collected and how it is collected, you can move on to the next step.

Identifying points of data collection

• Gather a list of all the ways data is collected on your website
• This includes information collected through surveys, forms, cookies, web beacons, etc.
• Categorize the type of data that is collected, such as personal data, contact data, etc.
• Make sure to include any third-party services that may collect data from your website users
• Include any third-party plugins or services that may be collecting data from your website
• Once you have a comprehensive list of all the ways data is collected from your website visitors, you can move on to the next step.

Determining data storage methods

• Research the different methods for collecting and storing user data for your website
• Determine which method will work best for your website and privacy policy
• Consider best practices for data storage, such as encryption, password protection and secure servers
• Talk to your IT team or other data experts to ensure your data storage methods are secure
• Make a note of which method you will use and how it will be implemented
• Once you have determined the data storage method and how it will be implemented, you can move on to the next step: writing the policy in plain language.

Writing the policy in plain language

• Break down the policy into easily understandable sections
• Explain what types of data is collected, how it is used, and how long it is kept
• Use plain language, avoiding any legal jargon
• Explain the measures taken to protect data security
• Include an opt-out option for users who do not want to have their data collected
• Make sure the policy is complete and all necessary information is included
• When complete, proofread and edit the policy to ensure accuracy
• When the policy is finalized, you can check this step off your list and move on to the next step.

Making the policy available and easy to find on the website

• Add a link to the Privacy Policy page in the footer of your website
• Ensure the link is visible on every page of your website
• Test the link to make sure it works
• Once you’ve added the link and tested it, you can move on to the next step!

Ensuring the policy is up to date

• Set a timeline for reviewing and updating the policy, such as every 6 months or 1 year.
• Make sure any changes to the policy are clearly communicated to any users and provide a way for them to opt-in to any changes, such as via email or in-app notifications.
• Track updates to the policy and document the dates of any major changes for future reference.
• Know the legal requirements for privacy policies in your jurisdiction and ensure the policy meets or exceeds those standards.

Once you have set a timeline for review and updates, have a method for communicating any changes to users, have tracked all updates and ensured the policy meets legal requirements, you can check this step off your list and move on to the next step.

Developing a process for review and updates

• Create a process for regularly reviewing and updating your website privacy policy.
• Decide on a timeline for review and updating, such as once every six months.
• Assign an individual or team to be responsible for the review and updating process.
• Make sure the individual or team has the necessary skills, knowledge and resources to review and update the policy.
• Set up a schedule for the review and update process, including when the review will take place and when the updates will be published.
• Document the process and train those responsible for carrying it out.

Once you have established the process for review and updates, you can check it off your list and move on to the next step.

Obtaining user consent

• Make sure that all users have a way to provide clear consent for the website’s Privacy Policy
• Ensure the consent process is easy to understand, and that users understand the Privacy Policy and its implications
• Make sure that consent is obtained before any user data is collected
• Make sure that the user has the option to revoke their consent at any time
• When you have a system in place to obtain clear user consent, check it off your list and move on to the next step.

Creating a process for obtaining consent

• Create a process for obtaining consent from users, such as a checkbox or opt-in form, that is easily understandable and accessible on your website.
• Ensure that users have the ability to withdraw their consent at any time.
• Clearly state what users are agreeing to when they give their consent, such as which data will be collected and for what purpose.
• Make sure that consent is given in writing and kept on record.
• Once your consent process is in place, you can check this off your list and move on to the next step, which is explaining the consequences of not complying with the policy.

Explaining the consequences of not complying with the policy

• Identify the law, regulations, or industry standards that may be violated if the policy is not followed
• Explain the consequences of non-compliance with the law, regulations, or industry standards
• Outline the potential penalties or fines that could be issued by authorities or industry bodies
• Explain any other potential consequences that could arise from not complying with the policy, such as loss of data or reputation
• Include a statement that makes clear that any non-compliance is not tolerated

You’ll know you can check this step off your list when you’ve identified the applicable law, regulations, or industry standards, outlined their potential consequences, and included a statement that any non-compliance is not tolerated.

Providing a way for users to contact the website owner with questions or concerns

• Include a contact page on your website with an email address and/or physical address.
• Make sure the contact page provides clear instructions on how customers can reach out with questions or concerns.
• Provide a clear policy on how long customers should expect a response to their inquiries.
• Once you have the contact page in place, you can check this off your list and move on to the next step.

Setting up a contact form

• Create a contact form on your website for users to submit their questions or concerns
• The form should collect the user’s name, email address, and their message
• Make sure to include a checkbox for the user to confirm they have read and accepted the website’s terms of service and privacy policy
• Once you’ve created the contact form and it is functioning properly, you can check this off your list and move on to the next step.

Providing contact information

• Provide a contact name, email address, and physical mailing address on your website.
• This will allow users to contact you with questions or concerns related to your privacy policy.
• Include a phone number if you have one.
• Make sure this information is easily accessible and up-to-date.
• Once you have provided the contact information, you can check it off your list and move on to the next step.

Ensuring ongoing compliance

• Have a process in place to regularly review and update the Privacy Policy as needed
• Work with legal counsel to ensure the Privacy Policy is kept up-to-date with applicable laws and regulations
• Monitor changes in industry standards, court decisions, and guidance from regulatory bodies
• Maintain records of any changes made to the Privacy Policy
• Make sure the Privacy Policy is easily accessible to website users
• Establish a process for notifying users of any material changes to the Privacy Policy

You’ll know you can check this step off your list when you have implemented processes to regularly review and update the Privacy Policy, monitor changes in industry standards, court decisions and guidance from regulatory bodies, maintain records of any changes, and make sure the Privacy Policy is easily accessible to website users.

Establishing a process for monitoring

• Define the criteria used to assess what changes in laws and regulations require review
• Establish a process for monitoring changes in laws and regulations
• Develop a process for updating the Website Privacy Policy when necessary
• Create a timeline and schedule for monitoring changes in laws and regulations
• Define the responsibilities of the stakeholders involved in the monitoring process
• Establish a process for communicating changes to the Website Privacy Policy
• When you have set up a process for monitoring changes in laws and regulations, you can check this off your list and move on to the next step.

Developing a plan for responding to changes in laws and regulations

• Determine which laws and regulations have a direct impact on your website’s activities and operations
• Develop a plan and process for responding to changes in these laws and regulations as they occur
• Assign a team or individual to be responsible for monitoring changes in laws and regulations and implementing necessary updates
• Ensure the plan includes regular reviews and updates
• When the plan has been created, documented and implemented, you can check off this step and move on to the next.

FAQ:

Q: How do I know if I need to create a privacy policy?

Asked by Rachel on May 5th 2022.
A: Creating a privacy policy is an important step for any business, especially those operating online. Depending on the type of business, industry, and jurisdiction, there are certain laws and regulations that require businesses to have one. In most cases, if you are operating an online business, developing software, or offering services, it’s best to create a privacy policy for your customers. Additionally, it can be beneficial to have a privacy policy even if it’s not legally required, as it can help your customers understand how you collect, store and use their data.

Q: What are the differences between laws governing websites in the US, UK, and EU?

Asked by Cameron on August 11th 2022.
A: Laws governing websites in the US, UK, and EU vary significantly. Generally speaking, the US has fewer regulations regarding data privacy than the UK or EU. In the US, businesses must comply with state laws when collecting and using personal information. The UK has more stringent regulations governing data privacy than the US does and requires businesses to comply with the General Data Protection Regulation (GDPR). Finally, the EU has implemented some of the most comprehensive data privacy regulations in the world with its GDPR legislation. Each jurisdiction also has its own specific set of regulations that businesses must adhere to when collecting and using personal data.

Q: How does my industry or sector affect my website’s privacy policy?

Asked by Emma on February 4th 2022.
A: Every industry or sector has different legal requirements when it comes to data privacy. For example, some industries may require companies to obtain consent from their customers before collecting or using personal information while others may not. Additionally, different sectors such as banking or healthcare may have additional obligations when it comes to data security or compliance with certain regulations like HIPAA or PCI DSS. It’s important to research your industry or sector to determine what obligations you must adhere to when creating your website privacy policy.

Q: What should I include in my website privacy policy?

Asked by Alex on November 27th 2022.
A: Your website’s privacy policy should include detailed information about how you collect and use personal information from your users. This includes things like what type of information is collected (such as names and email addresses), how it is stored and secured, how it is used (such as for marketing purposes), who has access to it (such as employees or third-party vendors), how long it is stored for (such as for archiving purposes), and how users can contact you about their data (such as via an email address). Additionally, you should include a clear opt-out option for users who no longer want their data collected or used for any purpose.

Q: How can I make sure my website’s privacy policy is GDPR-compliant?

Asked by Daniel on July 15th 2022.
A: To ensure your website’s privacy policy is GDPR-compliant you must ensure that it covers all of the necessary aspects such as what personal data you collect and why as well as how users can access and control their data (including opting out of certain activities). Additionally you must provide clear instructions on how users can contact you with any questions or complaints regarding their data and include details about any third-parties that have access to user’s data. Finally, you should ensure that all staff members who have access to user’s personal data are trained on GDPR compliance and that all security measures such as encryption are in place to protect user’s data from unauthorized access or misuse.

Q: What other legal requirements should be included in my website’s privacy policy?

Asked by Jacob on April 1st 2022.
A: Depending on your business model and jurisdiction there may be other legal requirements that must be included in your website’s privacy policy such as obtaining consent from users before collecting their personal information or providing them with detailed information about how their personal information will be used (such as for marketing purposes). Additionally there are certain laws that relate specifically to certain types of businesses such as those offering services related to children or health care which require additional disclosures in their privacy policies. It’s important to research your specific legal requirements when creating your website’s privacy policy so that you are compliant with all applicable laws.

Example dispute

Suing Companies for Unfair Use of Personal Data

• Violations of website privacy policy can lead to a lawsuit against companies who have wrongfully collected or used personal data.
• Plaintiffs may be able to sue for violations of privacy laws, such as the California Consumer Privacy Act or the General Data Protection Regulation.
• To prove their case, plaintiffs must show that the company failed to fulfill its obligations under the privacy policy and how this resulted in harm or damages.
• If the plaintiff is able to prove their case, the company may be liable for damages, such as compensation for emotional distress, loss of privacy, or financial losses.
• The court may also order the company to take steps to improve their privacy practices, such as deleting the personal data or notifying customers of the breach.
• In some cases, the court may also impose fines or penalties for the company’s failure to comply with the privacy policy.

Templates available (free to use)

Website Privacy Policy

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