Privacy Policies and the Clear and Conspicuous Rule. There still is confusion about the posting requirements for website privacy policies. The following examples should help clarify what is required to help you comply with the law.
As to the present state of the law, the following applies to almost all state and federal laws about privacy policies and disclaimers. That wording is “clear and conspicuous,” without defining precisely what that is. However, the common definition given by most state and federal regulatory agencies is the language in the body of a form is “conspicuous” if it is in larger or other contrasting type or color.” At a minimum, it should be at least the same size font as the surrounding text.