Privacy Notice: How do you make the right document

The more websites require the users’ data to store and process, the stronger users feel towards privacy. Having all the rights to do so, they have a backup from the laws governing the usage of data on the Internet. These laws require websites to create a Privacy Notice stating how they protect their visitors. Avitar helps you understand the Privacy Notice and structure it correctly to protect yourself and your users.

What is a Privacy Notice?

The Privacy Notice is a document that informs users about the information you collect from them, why you do this, and how. Unfortunately, many people don’t read it, just because they think there will be nothing too personal that the website will store. Generally, legal documents are lengthy and complicated, so it is not surprising that people are unwilling to spend their time.

If they do, they know that the Privacy Notice contains information about the controller, methods the website uses to collect the data, and how people can limit the data they share.

The most popular information that websites collect is people’s names, emails, IP addresses, and Passport numbers. But, don’t forget about cookies as well. Almost every website now gathers these small pieces of information called cookies that help them identify your computer when you open the site. In addition, some websites ask for financial data if the users make purchases on the website.

Reasons to have a Privacy Notice:

Apart from the Privacy Notice being a required document for the websites that collect information from users, there are also many reasons why it is essential.

The Privacy Notice ensures that the website owner is transparent about its actions. This indicates that users can trust this company and that their personal information will be safe.
The users can control what information they share with the users and feel confident that they know how it is used.
Most obviously, having the Privacy Notice is required by law. Some laws demand the websites have this document:some text
- General Data Protection Regulation (GDPR).
- California Privacy Rights Act (CPRA).
- Personal Information Protection and Electronic Documents Act (PIPEDA).
- Virginia Consumer Data Protection Act (CDPA).

Consequences of not having the Privacy Notice

Having the Privacy Notice is required by law, so this is why not placing it on the website can have legal consequences. Also, while structuring your document, you should consider the regulations mentioned above.

For instance, if you are not adhering to the GDPR, you can become subject to fines of over $20 million or up to 4% of your company's global annual turnover, whichever is bigger.
By knowingly failing to adhere to the PIPEDA, your website can get a fine of up to $100,000.
If you accidentally break the CPRA, you will have to pay $2,500 in fine, and if the violation is made knowingly — $7,500.
You have to pay the same amount of money, $7,500 if you knowingly violate CDPA.
Reputational losses.

What is Included in the Privacy Notice?

Every Privacy Notice is different, as it highly depends on the website type that prepares it. GDPR has a detailed list of the information that the websites can include in the document. Mainly, it has to have some primary data, such as:

Clarify who is the “owner” of the data. That means you as a user should understand who makes decisions about collecting and processing personal data.
Say whether you use users’ data or not. If you do so, you must confirm that you are using personal data because the Privacy Notice is a must-have.
Mention all types of information you collect.
State the methods you use to collect this information.
The use of cookies is also essential to mention.
If you share users' data with third parties, you must include this information in the Privacy Notice.
Also, every website owner must explain in the Privacy Notice what rights users have regarding their information on your website.some text
- Some users forget they have control over the information they share with the website. However, in the Privacy Notice, the website owners must tell how users can limit their data usage.
You should state your contact details in the Privacy Notice because if they want to ask questions about their data usage, how can they reach you?

The Privacy Notice is the most important and complex document the website owners must create. Simply, it is tricky because it has a lot of legal nuances to think through. Therefore, if you are working on the Privacy Notice, I recommend consulting with a lawyer. Avitar can help you through all the stages to prepare the correct document - from discovering what data you collect to creating the document draft that answers every regulation.

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