Privacy policies are a cornerstone of compliance in today’s rapidly evolving legal landscape. As privacy laws continue to expand at the state, federal, and international levels, businesses face increasing complexity in meeting their legal obligations. Whether you need a privacy policy for your website or app, working with a Privacy Policy Lawyer ensures your business is protected against legal risks while building trust with your customers.

Why You Need a Privacy Policy Lawyer

The privacy law landscape is dynamic and multifaceted. From international regulations like the General Data Protection Regulation (GDPR) to U.S. state laws such as the California Consumer Privacy Act (CCPA) and its amendment, the California Privacy Rights Act (CPRA), businesses must navigate a maze of legal requirements. Additionally, sector-specific laws like the Children’s Online Privacy Protection Act (COPPA) and health privacy laws add another layer of complexity.

A generic or templated privacy policy often fails to address these nuanced legal requirements, leaving businesses exposed to potential fines, reputational damage, or consumer lawsuits. Further, with tools such as privacy scanners proliferating, the risks of third parties uncovering non-compliance is increasing.

Even for companies with significant resources, the privacy compliance landscape is confusing, and accounting for all of the relevant legal considerations, including where there are complex data flows, can result in both financial and reputational harm. For example:

  • TikTok was fined £12.7 million for processing children’s data without parental consent.
  • Sonos faced public backlash over changes to its privacy policy despite its assurances of data protection.
  • Miscommunication of terms by Adobe Systems Inc. led to customer anxiety regarding generative AI practices.

These cases highlight the importance of having a custom-drafted privacy policy tailored to your business’s specific needs.

The Benefits of Working with a Privacy Policy Lawyer

As experienced privacy lawyers focused on website and app privacy compliance, we offer:

  • Custom Privacy Policies: Tailored to your business and drafted by an attorney focused on privacy law.
  • Terms & Conditions: Comprehensive agreements that complement your privacy policy for full compliance.
  • Cookie Compliance: Cookie banners and related consent and compliance are highly intertwined with a privacy policy, and we ensure that clients have proper interoperability between cookies and their privacy policy.
  • Regulatory Guidance: Assistance in responding to consumer privacy requests (e.g., access or deletion rights) or regulator inquiries.
  • Flat-Fee Pricing: Affordable solutions like our PrivacyExpress™ service ensure compliance without breaking the bank.

Unlike automated tools or free templates, we provide clarity by eliminating overbroad or irrelevant terms that could expose your business to unnecessary risks.

Stay Ahead: Protect Your Business with Confidence

In 2024, nearly 40% of U.S. consumers will be covered by comprehensive state privacy laws. This means more businesses than ever will need legally compliant privacy policies to avoid penalties and maintain consumer trust. With our tech-savvy approach, we not only draft policies but also audit existing ones to ensure they meet current legal standards.

By partnering with a seasoned Privacy Policy Lawyer, you gain peace of mind knowing that your website or app complies with all applicable laws, from GDPR and CCPA/CPRA to emerging regulations across the U.S. and beyond.

Contact Us Today

Don’t leave your business exposed to legal risks or reputational harm caused by inadequate privacy policies. Contact us today to schedule a consultation and learn how we can help you protect your business with a custom-drafted privacy policy.




    What Should a Privacy Policy Include?

    A privacy policy is a legal document that informs users about how their personal information is collected, used, shared, and protected. While the specifics of a privacy policy vary depending on the business’s operations, industry, and applicable laws (e.g., GDPR, CCPA/CPRA), certain key elements are commonly included. Below is an overview of what your privacy policy may cover:

    1. Types of Personal Information Collected
      • Examples: Names, email addresses, IP addresses, payment details, browsing history, or sensitive data like health or financial information.
    2. How Personal Information Is Collected
      • Methods: User-provided data (e.g., forms or account registrations), cookies and tracking technologies, or third-party integrations.
    3. Purpose of Data Collection
      • Examples: To provide services, personalize user experiences, process payments, or send marketing communications.
    4. Data Sharing and Disclosure
      • Details: Whether data is “shared” (as is regulatorily defined) with third parties (e.g., advertisers or analytics providers) and under what circumstances, as well as disclosures to service providers.
    5. User Rights
      • Rights: Access to data, correction of inaccuracies, deletion requests (e.g., GDPR’s “Right to Erasure”), and opting out of data sales (as required by laws like CCPA).
    6. Data Retention Policies
      • Explanation: How long user data is stored and the criteria for deletion.
    7. Security Measures
      • Overview: Steps taken to protect user data from unauthorized access or breaches.
    8. Children’s Privacy
      • Applicability: If your business collects data from children under 13 (or under 16 and even 18 in some jurisdictions), compliance with COPPA or similar laws must be addressed.
    9. International Data Transfers
      • Details: How data is transferred across borders and safeguards (such as via the Data Privacy Framework) in place (e.g., GDPR compliance for transfers outside the EU).
    10. Policy Updates
      • Notification: How users will be informed of changes to the privacy policy (e.g., email updates or website notifications).

    Privacy Policy Contents at a Glance

    SectionDetails/ConsiderationsExample Questions to Address
    Personal Information CollectedSpecify types of data collected (e.g., name, email) and whether sensitive data is included.What specific information do you collect? Does it include sensitive categories like health data?
    Collection MethodsExplain how data is collected (e.g., forms, cookies).Do you use cookies or third-party trackers?
    Purpose of CollectionDescribe why the information is collected (e.g., marketing, analytics).Why do you need this data?
    Data Sharing/DisclosureState if data is shared with third parties and for what purposes.Explain how long data will be stored and the criteria for deletion.
    User RightsOutline rights like access, correction, deletion, and opting out of sales/sharing where applicable.How can users exercise their rights under GDPR or CCPA?
    Retention PoliciesExplain how long data will be stored and criteria for deletion.How long do you keep user data?
    Security MeasuresHighlight measures to protect user data from breaches or unauthorized access.What steps do you take to ensure data security?
    Children’s PrivacyAddress compliance with laws like COPPA if collecting children’s data.Do you collect information from children under 13 (or under 16 or 18 in some jurisdictions)?
    International TransfersDetail how international transfers comply with regulations like GDPR.Is user data transferred outside its country of origin?
    Policy UpdatesExplain how users will be notified about changes to the privacy policy.How will users know if this policy changes?

    Why Customization Matters

    While these elements are common across many privacy policies, it’s important to note that the specifics should align with your business’s unique operations and legal requirements. A one-size-fits-all approach often leads to overbroad or non-compliant policies that fail to address critical nuances.


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    MORE RISK
    Why Not Use A Generic Privacy Policy?
    The Risks Of A Generic Policy
    • Lack of specific advisory and potential inclusion of overbroad terms that increase legal risk
    • Lack of understanding of how to comply with the privacy policy
    • Lack of assurance that policy will stay updated in line with new laws and guidance being passed on a practically monthly basis
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    Privacy Policy Law FAQs

    Privacy policies geared toward companies operating online have been around practically since the advent of the Fourth Industrial Revolution when digital and the internet made the electronic collection of personal information increasingly ubiquitous. Thus, even before the flurry of recent privacy laws, such as the GDPR and the CCPA, came into effect, there was a steady move toward providing users of websites and apps with at least a minimum amount of clarity about what information was collected and processed.
    Though each law has nuances and compliance requirements, several core themes permeate practically all privacy-focused laws. One of these is that of notice. It generally refers to giving consumers information about what personal information is collected and how it is used (including if it is shared or sold), secured, and stored. It also relates to notifying users about how they can exercise any rights afforded under relevant regulatory frameworks. These rights commonly include rights to opt out of various forms of data use and deletion rights. Depending on the specifics of the business at hand and associated data processing activities, the particular clauses for inclusion in a privacy policy will vary.
    When embarking on securing a privacy policy, one of the more common courses of action that smaller companies embark on is via either an automated policy generator or simply copying and pasting from a policy on the internet. However, this path poses additional openings for legal action beyond the potential copyright infringement risk. First, making over-broad promises in a privacy policy, which can be construed as a contract with the website or other asset visitors, can be leveraged against a company. Specifically, suppose a company claims in its privacy policy to engage in a specific regimen of data collection, processing, and securing that is, in reality, in contravention of its actual practices. In that case, what can result is private action from consumers and enforcement from regulatory agencies, including the Federal Trade Commission (FTC) or State Attorney Generals. On the private action side, legal liability may be argued based on consumer protection statutes.
    The short answer is no; a lawyer is not legally required to create a privacy policy. With that said, as is often the case with legal matters, it is more complicated than just a yes or no answer. For starters, if you are a one-in-a-million business owner who is somehow an expert in privacy and data protection law, there is indeed no need for a privacy policy lawyer to do the drafting and analysis. Beyond that, while it is always better to have an expert perform a service, realistically, especially for smaller businesses, budgets are limited, and a cost-benefit analysis is necessary. The core factors to consider generally revolve around the business’s data processing practices, size, and overall risk profile.
    Privacy and other associated laws increasingly require specific procedures that companies must follow when making material changes to their privacy policy. For example, Minnesota recently passed its privacy law, called the Minnesota Consumer Data Privacy Act (MCDPA), which states that “[w]henever a controller makes a material change to the controller’s privacy notice or practices, the controller must notify consumers affected by the material change with respect to any prospectively collected personal data and provide a reasonable opportunity for consumers to withdraw consent to any further materially different collection, processing, or transfer of previously collected personal data under the changed policy.” The law further state that a “controller shall take all reasonable electronic measures to provide notification regarding material changes to affected consumers, taking into account available technology and the nature of the relationship.” The specific notification requirement aims to ensure that consumers are notified of material changes to data processing activities and have the opportunity to change their minds about whether to continue providing their personal information in light of the changes. Other laws, such as Colorado’s privacy laws, include similar provisions, and the Federal Trade Commission (FTC) has put out similar guidance.
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    TikTok Fined £12.7m For Illegally Processing Children’s Data

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