The privacy policy must indicate the terms and conditions regarding the processing of users' personal data.
Privacy policy is a concept that refers to how an organization manages the personal data of its clients or users . These criteria are reflected in a document of legal scope that the entity is obliged to respect.
The privacy policy is very important on the Internet . Through their publication, websites detail how they use and protect visitor data . Thus, when collecting the information that Internet users must provide in a registration process and that which they automatically provide while browsing, there is informed consent .
Privacy Policy Origins
The privacy policy is linked to data protection . Its origins date back to the late 1960s , when various organizations began to analyze the use of citizens' personal information, especially taking into account the consequences of the use of technology.
Although the State has always collected personal data, with the advancement of telecommunications, said content began to be collected, transmitted and processed in multiple ways. In this way, to already existing concerns linked to issues such as the departure of data from their country of origin or credit reports, other issues derived directly from computer tools and especially the Internet were added.
Today the privacy policy is usually associated with the management of Web surfers' data . Internet users, in addition to providing their data directly and consciously (by completing a form), also provide it through cookies that track their activities and other resources. Digital platforms, in this framework, have to inform them how they store and care for the information and how they use it.
Pseudonymization and anonymization of data are often part of a privacy policy.
The legal framework
The privacy policy seeks to guarantee the security of personal information. There is a commitment on the part of the company in question that it assumes from the moment of data collection , which must be informed to the user.
Although this is an issue of global relevance, privacy regulations vary by country. There are no universally applicable privacy laws, which is challenging given the virtual nature of online relationships and actions.
In the European Union , the GDPR (General Data Protection Regulation) governs. It is integrated into the Charter of Fundamental Rights of the EU , revolving around the processing of personal information and its circulation in the region.
The GDPR (or RGPD , according to the acronym in our language) includes everything from warnings to million-dollar fines for those who fail to comply with the rules. In force since May 2018 , its principles were adopted and adapted in various nations beyond the European bloc.
Another general data protection law that is often taken as a reference is the CCPA (California Consumer Privacy Act) . This legislation is considered the strictest on the matter in the territory of the United States .
The CCPA came into effect on January 1, 2020 to protect consumers' right to know what information companies collect about them and for what purpose. California consumers, in this context, have the power to prohibit companies from disclosing and selling their data to third parties. They may also demand that your records be expunged.
At the federal level, the Children's Online Privacy Protection Act (COPPA) governs the United States. In this case, we specifically target websites that collect data on children under 13 years of age and/or information aimed at that population sector; These publications have to respect various restrictions. COPPA also contains a Safe Harbor provision to encourage the industry to self-regulate.
The right to data portability must be contemplated in the privacy policy.
What is included in a privacy policy
A privacy policy should detail what type of information is intended to be collected (name, telephone number, email address, etc.) and for what purpose (send promotions, generate statistics, optimize the browsing experience).
You must also mention the legal identification of the person responsible who will assume the management of the data with contact methods that allow updating, modifying or deleting the information. All this, of course, must be in line with the limits set by law.
Rule Violations
As we have already indicated, violating the privacy policy is an infraction that can be punished in different ways. A paradigmatic case took place in May 2023 , when the European Union applied a million-dollar fine to Meta Platforms Inc. (the company that owns Facebook ).
At that time, the European authorities sanctioned Meta with 1.2 billion euros and gave it a period of five months to stop the sending of information from Facebook users in the EU to the United States . The decision was made by the Irish Data Protection Commission , which acts as the most important privacy regulator for Meta in the European territory.
It should be noted that the Irish Data Protection Commission is also responsible for regulating the operation of Google , Apple and TikTok , among other technology companies that, as far as the EU is concerned, have their headquarters in Ireland .