Privacy Policy Requirements – 10-Point Checklist

James Chiodo, Certified Information Privacy Professional CIPP/US

Privacy Policy Button Shows The Company Data Protection TermsIs Your Privacy Policy Really Protecting You? 

Here is a checklist to find out if your privacy policy is compliant with the law and actually protecting you:

Does your privacy policy…..

1. Disclose what type of Personally Identifiable Information (PII) you collect from customers, what you do with it, and who you share it with? If you sell products or services, you are required by law to have such a disclosure.

2. Have a security policy describing how you protect “Personally Identifiable Information?” If you sell products or services, you are required to have such a disclosure.

3. Guarantee the security of your users and customer’s personal information? If the answer is “yes” you are opening yourself up to potential lawsuits and fines.

4. Include a provision explaining how you respond to the new “Do Not Track Law” It should, if not, you are in violation of the law and subject to a $2,500 fine if you do not comply.

5. Have a “Google Ad and Content Network Provision” if you are running Google AdSense on your website? If not, you are violating Google’s terms of service, and they can terminate your AdSense account.

6. Have a “Google Analytics” disclosure if you are using Analytics on your website? If not, you are violating Google’s terms of service, and they can terminate your Analytics account.

7. Include instructions on how users and customers can change their personal information you have collected from them. If you sell products or services, you are required to provide these instructions.

8. Include a provision to let you release information when legally required? If you do not, you could be in a real bind if you are ever required by law to disclose your users or customer’s information.

9. Include (“COPPA”) compliant provisions and disclosures if you are selling products or services to children.

10. Comply with the legal requirement of “Clear and Conspicuous” when posted on your website.

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