Every legal document for your business—including your privacy policy—should be tailored to meet your specific needs. But when you’re busy growing your business, it may be tempting to simply “copy and paste” a similar company’s privacy policy and adopt it as your own.
However, using another company’s privacy policy is a risky strategy which could expose you to reputation damage, lost customers, and even lawsuits. Below, our attorneys explain why it’s never a good idea to copy a privacy policy, and how you can create your own privacy policy for your business needs.
What Is a Privacy Policy?
A privacy policy is a legal document outlining how your business handles “personal data.” Personal data is, broadly, any information which may identify a specific, living person. Examples of personal data include:
- Email address
- Account information
- Home address
- IP address
Personal data also includes “sensitive” data, such as health data and religious affiliations.
Every privacy policy should explain, at a minimum:
- What personal data you collect
- How you collect that data
- Your reasons for collecting the data
- Who you share the data with
- How long you retain the information
- What rights users have to control the collection and use of their data
- How users can contact you to exercise their privacy rights
The level of detail you’re required to provide depends on many factors, such as which privacy laws apply, and whether you’re collecting sensitive data.
Who Needs a Privacy Policy?
You should have a privacy policy if:
- You process any amount of personal data; or
- You use cookies or similar tracking technologies which are capable of collecting personal data.
Put simply, then, most—if not all—companies need a privacy policy. If you’re unsure whether you need a privacy policy, our business lawyers would be happy to help.
Why Can’t I Copy Someone Else’s Privacy Policy?
Although it may be tempting to “borrow” a privacy policy from another website, here are six reasons why that’s generally a bad idea.
1. Copyright Infringement
Let’s start with the basics: if you copy someone else’s privacy policy and use it without their permission, it could be considered copyright infringement. You could face a lawsuit for breaching copyright, which may result in civil penalties and reputation damage.
Even if you’re “transforming” the privacy policy by adding your own business details and information, it could still be considered plagiarism or a breach of copyright. Don’t take chances! Draft your own, original privacy policy and avoid running the risk of copyright infringement allegations.
2. Legal Inaccuracies
If you copy another website’s privacy policy, you could potentially use a policy which is outdated, inaccurate, or wrong. For example, an older privacy policy may not have been updated to reflect evolving compliance requirements and technology. Or it may contain unclear or inaccurate terminology.
By simply copying the privacy policy rather than writing your own, you risk using a policy which is unclear at best—and unenforceable at worst.
3. Compliance Issues
Your privacy compliance requirements vary depending on factors such as:
- The type of personal data you process
- The industry you operate in
- Which privacy laws apply
For example, many companies must meet the strict requirements of the California Consumer Privacy Act (CCPA) or Europe’s General Data Protection Regulation (GDPR) simply because they have website users in those locations. Or, if your company handles data belonging to minors, you face tougher compliance requirements than a business which only handles data belonging to adults.
So if you copy the wrong privacy policy, the policy will not meet your compliance requirements.
What does this mean for your business? Well, you could face significant penalties, including fines, reputation damage, and even lawsuits. Hiring an attorney helps to ensure that your privacy policy is not only clear and well-drafted, but also fully compliant with relevant privacy laws.
4. Lack of Relevance
Although privacy policies are often similar, no two privacy policies are alike. For example, even if you’re a marketer and you copy a privacy policy from a marketing website, they may share data in a way which you don’t.
Copying a privacy policy from another website means you risk including irrelevant clauses which might confuse users and make your policy seem unprofessional. Worse, if your privacy policy doesn’t include all the ways you collect and process data, you could risk legal trouble.
Privacy policies should be user-friendly and clear. Drafting your own privacy policy means you can focus solely on the relevant information your users need to make informed data sharing decisions.
5. Reputation Damage
Your reputation is critical to your company’s success. And consumers want to know they can trust you to keep their personal data safe. Being accused of copying another company’s policies could damage your brand’s image, because users might worry that you don’t take privacy compliance seriously. The result? You could lose business.
Don’t take risks with your company’s reputation! Devote time to drafting your own privacy policy and show users how committed you are to keeping their data safe.
6. Insufficient Information
To create a comprehensive privacy policy, you’ll need to fully understand your company’s data processing practices. This includes knowing, for example:
- How you process personal data
- Who you share personal information with
- How you store personal data
- When you delete personal information
Your processing activities are unique to your business. Only with a bespoke privacy policy, designed for your specific company, can you ensure that you communicate these activities effectively to your users. Copying a privacy policy means you risk sharing insufficient or even misleading information.
This means your privacy policy should also be updated regularly to keep up with new marketing practices and technology.
Can a Lawyer Help Me Draft a Privacy Policy?
Yes! Although you can, of course, legally write your own privacy policy, here’s why you might consider hiring a business attorney instead.
- Privacy laws are complex. An experienced business lawyer can ensure that your privacy policy complies with any applicable privacy rules.
- The global privacy landscape is constantly evolving. Your attorney will check that your policy addresses all relevant privacy concerns.
- Privacy policies are time-consuming to draft. Hiring a lawyer to help allows you to focus on running your business while they handle such legal matters for you.
To ensure that you have a legally binding privacy policy you can rely on, seek advice from our experienced business contract attorneys.
Need a Privacy Policy for Your Business? Call Gordon Law!
Need a privacy policy for your website but not sure where to start? Contact the Gordon Law team. We’ve helped numerous clients develop privacy policies tailored to their exact business needs. Whether you need advice on privacy law compliance or guidance on what clauses to include, our attorneys can make the process simple.
Don’t let privacy policies overwhelm you! Protect your business and meet your compliance requirements—call Gordon Law today to discuss how we might help.
