Privacy policy – should it be placed on every website?
Every website should have a clearly worded and easily accessible privacy policy to inform users about how their personal data is collected, processed and used.
In the digital age where personal data is the new gold, protecting this data becomes essential for every website. Privacy policy is no longer just a matter of building user trust, but has become a legal requirement, especially after the introduction of GDPR (General Data Protection Regulation) in the European Union.
What personal data may be obtained by the website?
Websites may collect a variety of personal data from users. Starting from simple information such as IP address, through more detailed data such as name, email address, shopping preferences, to sensitive data, websites have become a powerful data collection tool. Understanding what data is collected and how it is used is crucial to ensuring compliance with data protection regulations and building user trust.
GDPR, privacy policy and information obligation
What is the information obligation?
The GDPR introduced a number of requirements for informing users about the processing of their personal data. The information obligation is the obligation to clearly, transparently and easily understandably communicate to users how their data is processed, who is the data controller, what rights they have and how they can use them.
How to fulfill the information obligation?
To fulfill the information obligation, it is necessary to ensure that information about data processing is easily accessible, understandable and precise. This means that the privacy policy must be written in clear and understandable language, and information on the processing of personal data should be presented in an orderly and clear manner.
Information obligations of website owners in accordance with the GDPR
Website owners face the challenge of ensuring compliance of their websites with the GDPR (General Data Protection Regulation), which introduces a number of important requirements for the protection of users' personal data. Here are the key responsibilities that must be met:
Transparent and Complete Privacy Policy
- Content: The privacy policy must clearly define what data is collected, for what purpose, who is the data administrator, how long it will be stored, and also indicate users' rights regarding their data (e.g. the right to access, rectify, delete data).
- Language: The policy should be written in clear, understandable language, avoiding excessive legal jargon, so that it is accessible to the average user.
Process of Collecting Consents
- Clarity and Awareness: Consents must be collected in a conscious and unambiguous manner. This means that users must be fully aware of what they are agreeing to.
- Separate Consents: Consents for different data processing activities (e.g. marketing, analytics) should be collected separately, giving users the opportunity to choose what exactly they consent to.
- Ease of Withdrawal of Consent: The user must be able to easily withdraw consent at any time, which should be clearly indicated in the privacy policy.
Informing about Privacy Policy Updates
- Communication of Changes: If the privacy policy is updated, users should be informed about it clearly. This may be done through website notifications, e-mail or other means of communication.
- Change Documentation: It is advisable for the website to include a history of changes to the privacy policy so that you can track how your data practices have evolved.
Process Registration and Monitoring
- Documentation of Data Processing Processes: Website owners should keep a register of data processing processes, including the purposes of processing, categories of data, recipients of data and the expected period of data storage.
- Data Protection Impact Assessment (DPIA): Where data processing may involve a high risk of breach of privacy, a Data Protection Impact Assessment should be carried out.
Responding to User Requests
- Request Handling Systems: Website owners must be prepared to quickly respond to user requests regarding their personal data, e.g. requests for access, rectification, deletion of data (the so-called "right to be forgotten").
Cookies – do they require consent and how to inform about them?
Cookies, being a key element of online interaction, play an important role in improving user experiences on websites. However, their use is subject to strict legal regulations, especially in the light of the GDPR. It is important that users are aware of the use of cookies and how they can manage their preferences.
Is consent mandatory in every case?
Consent to the use of cookies is required, especially when they are used for non-standard purposes, such as tracking user behavior, analyzing preferences or personalizing advertising. The GDPR requires that consent be express, unambiguous and informed. This means that users must actively consent to the use of cookies that are not strictly necessary for the website to function.
- Strictly Necessary Cookies: For cookies that are necessary for the website to function, such as those that enable login or maintain a user's session, consent is not required. However, users should be informed of their presence.
- Functional and Analytical Cookies: In the case of cookies that improve the functioning of the website or collect analytical data, it is recommended to obtain consent.
- Marketing and Tracking Cookies: For cookies used for advertising purposes or tracking user behavior, consent is always required.
Advanced cookie settings
To comply with GDPR and other data protection regulations, websites should offer advanced cookie management options. This allows users to choose which cookies they want to accept and which to reject. It is important that these settings are easily accessible, understandable and allow easy management of cookie preferences.
- Cookie Management Panel: A tool such as the cookie management panel should be easily available on the website, preferably on the user's first visit. It should clearly indicate the different categories of cookies (e.g. necessary, functional, analytical, marketing) and allow users to make choices.
- Clear Communication: Information about cookies should be presented in a clear, understandable way, avoiding technical jargon. They should also explain the benefits of each type of cookie.
- Ability to Change Consent: Users should be able to easily access their cookie settings at any time to change their preferences.
Filing a complaint
In the event of a breach of personal data processing, users have the right to submit complaints to the appropriate supervisory authorities. Websites should inform users about this possibility and provide contact information for relevant institutions.
FAQ
What information should a privacy policy contain?
The privacy policy should clearly specify what personal data is collected, for what purpose it is processed, who is the administrator of this data, how long it will be stored and what are the users' rights in terms of access, rectification, deletion or transfer of data.
Does every website have to have a privacy policy?
Yes, especially if the site collects any personal information, which is the case in most cases. This is a legal requirement under the GDPR and other local data protection regulations.
How often should the privacy policy be updated?
The privacy policy should be updated whenever the methods of data processing change or when there are changes in the legal provisions regarding the protection of personal data.
Is consent to the use of cookies always required?
Consent is required for cookies used for purposes other than those necessary for the functioning of the website, such as user tracking or ad personalization. For essential cookies, such as those enabling the functioning of the shopping cart or logging in, consent is not required.
What actions should be taken in the event of a personal data breach?
In the event of a personal data breach, the data controller is obliged to inform the relevant supervisory authority and, in some cases, data subjects about the breach and its potential consequences.
What are the consequences of not meeting GDPR requirements?
Failure to meet GDPR requirements may result in the imposition of high financial penalties, legal investigations and loss of trust of users and customers.
What security measures should be used to protect personal data?
Website owners should implement appropriate technical and organizational measures, such as data encryption, regular security audits, limiting access to data and training employees in the protection of personal data.
Adam Naworski
