How do I Write a Secure Privacy Policy?


With the influx of data breaches and cyber-crime, it essential to make certain that you write a strong, secure privacy policy (SPP). It’s a safe bet that the next time a CEO testifies before Congress on privacy issues, they will be prepared.

What is an SPP?

If you plan to have an online footprint as a business in any way, shape, or form, you should consider having an easily accessible SPP. At times this consideration may be obligatory. Most notably, a number of laws may require you to have an SPP that addresses SPAM.  While the vast majority of SPP’s are voluntary from a legal standpoint, public policy may be another story altogether.

An SPP is your company’s privacy policy. It outlines how you will use the informational data you collect from your customers and visitors, as well as how you plan to protect the data that they do gather from those who click on your website.

Back up your Security Privacy Policy

An SPP is not an empty promise to those who may frequent your business. When making your business’s financial plan, you must make room in your budget for reasonable security measures which will allow your company to abide by your policy and protect the data you have promised to protect. Think of it as a security policy to avoid legal fees and lawsuit damages down the line.

No two businesses are the same, and an SPP that works for one online business may not be sufficient for another online business. This said some rules are golden in that they will work for the vast majority of online businesses.

Disclosure is your Friend – Divulge How You Plan to Collect and Use the Data

  • If you can’t control your inner Cookie Monster post a warning sign that warns your users that some of their cookies may be consumed: Provide a fair warning on how you plan to sue your cookies.
  • Sometimes you will need to set limits for your own protection: Viewers are more likely to trust you if you inform them about how you plan to use their data. To ensure that they rest assured, make sure they know that their information will be used to complete the current transaction only. Any other uses of their information such as the selling or giving of their data to others for any other reason than the transaction will require their written informed consent.
  • You can’t please everyone, and sometimes people will complain even if you do everything perfectly: Make your contact information (including how to file a grievance) easy to find and easy to read. Do the same with your privacy policy.

Key Mandatory Legal Requirements  

  • Tell your users how they can opt out, or you might risk criminal, and civil charges: TheCan-Spam Act requires that you give your users the choice to opt out of being emailed.
  • Children are entitled to special and unique protectionsif your online business is geared towards children who are 13 or younger, you must abide by the parameters of the Children’s Online Privacy Protection.

Call a Knowledgeable Palo Alto Intellectual Property Lawyer Today

To set up a solid security privacy plan that meets your business needs it is advisable work with an experienced corporate attorney. The Startup Company Counsel can help. Call us at 408-441-7555 or email us today.

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