Not a lot of people know about website privacy policy requirements. If I were to guess, at least 80% of my clients ask me this question when they’re working through their onboarding materials: Do I need a privacy policy for my website?
They don’t quite understand why I’m asking them about privacy policies, terms of use, and disclaimers before any copywriting work gets completed. And worse…some clients even come to the project thinking that I’ll write these legal terms for them. (Copywriting is not the same as copyright!)
I’m going to just pause here to let you know that your copywriter is absolutely not responsible for writing your legal terms, and if they claim to be able to do this for you, RUN. Do not walk. Run in the other direction. And while we’re here, I might as well point out that copywriters do not do anything with copyright. But that’s a whole other blog post now, isn’t it?
Back to the point of what you’re here for today: website privacy policy requirements.
In this article, you’re going to learn what a website privacy policy is, why it’s a global requirement of all website owners, what to include in a website privacy, and how websites with privacy policies help both consumers and website owners.
Let’s start with the basics: What is a privacy policy?
A website privacy policy is a published document that explains, in detail, how a website collects, uses, and protects the personal data of its website viewers and users. You’ll find the privacy policy terms shared on a website page, and most often, you can find the link to view the website privacy policy in the footer of a website.
Now that you understand what they are, you too might be wondering “Do I need a privacy policy for my website?”
Yes, friend. Yes, you do. You absolutely do. Here’s why…
Legal Requirements (Why You Absolutely Need a Privacy Policy)
Let’s get straight to the point: Privacy policies aren’t optional anymore. They’re legally required in most countries, and the requirements keep getting stricter. The EU’s General Data Protection Regulation (GDPR) and California’s Consumer Privacy Act (CCPA) have set new standards for privacy protection, and other regions are following suit.
You may say, “But I’m just a small business!” I promise I’m not doing anything sus (like that younger generational slang I threw in there?) on my site! Doesn’t matter. If your website:
- Collects any personal information (even just name and email)
- Uses cookies (yes, even analytics cookies count)
- Has a contact form
- Sends newsletters
- Processes any kind of payments
- Uses remarketing or advertising
…then you need a privacy policy. Full stop.
And the consequences of not having one? They’re not pretty. We’re talking potential fines that could make your yearly revenue look like pocket change. As an example, GDPR violations can cost up to €20 million or 4% of global revenue (whichever is higher).
And, don’t think you’re in the clear if you don’t work with EU clients. Even if you’re not targeting European clients or customers, they might still land on your site, and if they do, you need to protect yourself.
What Your Privacy Policy Must Include
Think of your privacy policy as a contract between you and your website visitors. Here’s what needs to be in it:
(Quick disclaimer before we begin: I’m not a lawyer, and I am most certainly not your lawyer. I am simply providing researched information that may or may not change at any time. Please do your due diligence of fact checking anything in this article and ensuring your business is legally protected by working directly with a lawyer to make sure you’re in compliance.)
The Non-Negotiables:
- What personal information you collect (yes, IP addresses count!)
- How you collect it (forms, cookies, tracking tools, etc.)
- Why you’re collecting it (be specific!)
- How you use this information
- Who you share it with (including your email marketing platform, payment processor, and analytics tools)
- How long you keep the data
- How you protect it
- How visitors can control their data
Industry-Specific Requirements:
While those non-negotiables are a great starting place for every business, some industries require even more from your privacy policy. For example, if you’re in healthcare, finance, or work with children under 13, you’ve got extra requirements. HIPAA, COPPA, and other industry-specific regulations add another layer of obligations. (And that list isn’t exhaustive, so again, be sure to research your industry!)
Common Missing Elements (Don’t Skip These!):
- Third-party service providers (like Google Analytics or Zapier)
- Social media integration details
- Cookie policy (what cookies you use and why)
- Data transfer information (especially if you’re dealing with international visitors)
- Contact information for privacy-related questions
Real Talk: Privacy Policy Mistakes That Could Cost You
Let me tell you about some privacy policy disasters I’ve seen while working with clients or talking with other business owners online. I’ll start by saying that these scenarios below are completely fictionalized examples of stories I’ve heard many times before. The point is….I’ve heard these stories too many times to not share them with you.
Copy-Paste Catastrophe
Sarah grabbed her competitor’s privacy policy, changed the business name, and called it a day. Plot twist: That policy mentioned services her business didn’t even offer and forgot to cover half of what she actually did. 👀
Template Trouble
Mike used a free template from 2018 he found after Googling “Do I need a privacy policy for my website?” It didn’t include anything about CCPA requirements or current data protection measures, and he hasn’t updated the privacy policy since he originally published it. 👀
The “Set It and Forget It” Trap
Jennifer hadn’t updated her privacy policy since launching her site three years ago. Meanwhile, she’d added payment processing, a newsletter system, and social media integration—none of which were covered in her original policy. 👀
Getting Your Privacy Policy Done Right
Now that I’ve thoroughly scared you (Sorry, but this stuff matters!), let’s talk solutions:
DIY Options:
Yes, there are privacy policy generators out there. Some are better than others. I’m going to be honest with you here, this is not something I recommend—at all. Though, I want you to cover yourself as best as possible if you know you’re definitely still going to DIY it after reading this article: If you go this route:
- Choose a reputable platform
- Customize your privacy policy thoroughly for your specific needs
- Double-check all the legal requirements for your industry and location before publishing it
- Make sure it’s published on your website and accessible for all website viewers to read
- Make sure your privacy policy is updated regularly
Professional Options (Recommended):
This is one of those times when professional help is worth every penny. And the beauty is that you have two paid options to choose from. You could purchase an attorney-generated privacy policy template that you’re responsible for editing or you can hire a lawyer to write one specifically for your business and your website.
If you do want to go the template option, there are two companies I always recommend to my clients. I’ve purchased templates from them myself in the past, and both have price points that are very accessible to small business owners. They are Braden Drake’s Contract Club and The Contract Shop. Both links are affiliate links which means that I may receive a small commission for recommending them to you, at absolutely no cost to you.
Regardless of the route you choose, consider:
- Using a legal service that specializes in digital law
- Hiring a lawyer to review your fill-in-the-blanks templated privacy policy
- Getting your policy reviewed annually
And remember: Once you have a complete privacy policy, specific to your website and your business, be sure to publish your policy prominently on your site with clear formatting and easy navigation.
Privacy Policy Maintenance Requirements
Your privacy policy isn’t a “one and done” deal. You need to review and update it:
- When you add new features to your website
- When you start using new third-party services or connect different tools to your site
- When privacy laws change
- At least once a year as a general practice
Do I Need a Privacy Policy for My Website? Yes. Yes You Absolutely Do
Bottom line: Yes, you need a privacy policy for your website.
Not just because it’s legally required (though it is), but because it’s the right thing to do for your business and your visitors. Don’t cut corners here—get it done right, keep it updated, and sleep better knowing you’re protected.
Privacy laws and technology aren’t going to stop evolving anytime soon. The privacy policy you create today needs to be flexible enough to handle tomorrow’s changes. Think about it: five years ago, did anyone have a section in their privacy policy about AI data processing? Now it’s becoming standard. The key isn’t to predict the future— it’s to create a policy framework that can adapt to it.
Featured image by Sue Winston
