Privacy law and, by extension, privacy policies are one of the most dynamic areas of the law, with new regulations at the state, federal, and international levels being passed at a rapid pace. As of 2024, the ever-evolving privacy law “state of play” and compliance landscape make the advantages of utilizing a privacy policy lawyer all the more evident. From privacy laws that are international in scope, such as the European Union’s General Data Protection Regulation (GDPR), to those on the state level, such as the California Consumer Privacy Act (CCPA) as amended by the California Privacy Rights Act (CPRA), legal risks are proliferating. Moreover, as we look to the future, the rate of new privacy legislation is expected only to increase. With a privacy policy legally mandated for most businesses, the entanglement of the many privacy laws combined with the specificity of application to each business scenario results in complex and confusing situations for the average business owner trying to ensure compliance.

The Value Of Working With A Privacy Policy Lawyer To Gain Clarity In An Area Of Increasing Complexity

As a lawyer focused on privacy and cybersecurity, we offer clients clarity and peace of mind by providing privacy policies and related agreements, such as terms and conditions for websites and apps drafted by an attorney specific to each business. In contrast to free privacy policies generated online, privacy policies from a lawyer help wade through the complexity of privacy policies and eliminate the inclusion of overbroad or inapplicable terms provided by a generic or automated tool. As privacy lawyers who are tech-savvy, we also get to know your business and provide unique value. For example, suppose there are issues from a regulator or a consumer exercising their privacy rights or pursuing other legal action. In that case, you have a trusted attorney who already knows the nuances of your business when helping you most effectively navigate the legal challenge. We offer custom privacy policies as well as auditing of existing policies for affordable flat fees so that our clients can comply with privacy laws confidently while not incurring a cost-prohibitive expense.

In 2024, nearly 40% of U.S. consumers will be protected by a state comprehensive privacy law.

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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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Cookie Compliance & Consent

Have an Existing Privacy Policy? We Can Audit It To Ensure Compliance.

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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.
    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.
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    Featured Privacy Law Video

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    The Markup

    How to Quickly Get to the Important Truth Inside Any Privacy Policy

    Privacy policies can be long, impenetrable, and full of legalese that amounts to a take it or leave it offer. But the privacy policy is one of the only places where you can find the truth about what personal data is being collecting or otherwise processed.

    Privacy Policy Law
    The Verge

    Don’t Date Robots — Their Privacy Policies Are Terrible

    Research from Mozilla found many AI companion apps fail privacy checkups and often don’t stand by what their chatbots ask of users.

    Privacy Policy Law
    Future Of Privacy Forum (FPF)

    Five Big Questions For The U.S. State Privacy Law Landscape in 2024

    Exploring five big questions about the state privacy landscape that will shape how 2024 legislative developments will impact the protection of personal information in the United States.

    Privacy Law

    How Threads’ Privacy Policy Compares to Twitter’s (and Its Rivals’)

    Here’s what personal data is collected by Meta’s Threads, as well as by Twitter, Bluesky, Mastodon, Spill, and Hive Social.

    Privacy Law
    The Guardian

    TikTok Fined £12.7m For Illegally Processing Children’s Data

    TikTok has been fined £12.7m for illegally processing the data of 1.4 million children under 13 who were using its platform without parental consent, Britain’s data watchdog said.

    Privacy Law
    The New York Times

    Here’s What You’re Actually Agreeing To When You Accept a Privacy Policy

    Almost every new app or product that is connected to the internet forces you to accept a long, indecipherable privacy policy in order to use it. These documents outline the company’s data-collection practices. But what exactly are you agreeing to when you accept?

    Privacy Law

    White House OSTP publishes report on privacy-preserving data sharing, analytics strategy

    The U.S. White House Office of Science and Technology Policy released a report on a “National Strategy to Advance Privacy-Preserving Data Sharing and Analytics.”

    Privacy Law
    New York Times

    Facebook’s WhatsApp Fined For Breaking The E.U.’s Data Privacy Law

    Regulators in Ireland, where many tech giants have their European headquarters, have been criticized for not enforcing Europe’s data-protection law, once heralded as a global standard.

    Privacy Law
    New York Times

    The State of Consumer Data Privacy Laws in the US (And Why It Matters)

    The United States doesn’t have a singular law that covers the privacy of all types of data. Instead, it has a mix of laws that go by acronyms like HIPAA, FCRA, FERPA, GLBA, ECPA, COPPA, and VPPA.

    Privacy Law

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