How to Write a Privacy Policy | Privacy Attorney or Not

Jan 20, 2024

Privacy Attorneys, Privacy Lawyer, Privacy Lawyers

Nearly everything in our lives nowadays involves some measure of having an online presence. For socializing, networking, shopping, and business. Do you have an online business? Many small and medium sized business owners ponder over the issue of their privacy policy. They might be trying to figure out if they need a lawyer to write the privacy policy? If their business will benefit from hiring an attorney to write it? And/or, if it’s even necessary to consult a lawyer when writing a privacy policy? 

Initially, we’d like to point out that no business owner is legally required to use a lawyer to write a privacy policy. You don’t need one. Just because you don’t need an attorney, though, doesn’t mean they won’t help you. Many businesses, depending on the size of the operation, will find a lawyer very useful when creating their privacy policy. The size of your business matters, as well as how complex your business actually is. 

Using a Lawyer to Write a Privacy Policy is Up to You

Anyone who is capable and confident that they can write their privacy policy can do so. Lots of people can conduct their own research online and generate an appropriate policy without the aid of an attorney. The available resources are abundant. Whether it be privacy policy templates, articles describing how to draft them and what to include, and policy generators. 

If writing a privacy policy yourself, you may read articles and blogs that are super helpful and informative. You can check out loads of examples that businesses truly use. This method of research can give businesses a solid idea of what they should do. Also, what they should avoid doing. And, give an overview of the process of writing a privacy policy. 

Maybe you’ve decided to use a privacy policy template. There are a number of free templates you can find online. The affordability of taking this route is very attractive. When considering going forward with a privacy policy template, be sure to know that often these documents are not customized and general in terms of composition. You’ll benefit from adjusting the template to suit your actual business needs. Double-check that the source is reputable and that you’ve included any sections that are required by law!! 

Concerning privacy policy generators, these more frequently ask business owners for fees. For sure, these fees are not as pricey as retaining an attorney. Basically, the generators prompt businesses to submit details about their business practices. It’s a fairly straightforward transaction and can satisfy the privacy policy needs of many people at a relatively low cost.

What Details Are Included in a Privacy Policy?

What’s a privacy policy encompass? Largely, they address collected personal information, why and how a business collects that information, how the information is used, how long the business keeps it, how it’s protected, what rights customers or users have, and the contact information of the business. As we touched upon earlier, if your business operation is not that complicated, writing a privacy policy on your own is totally feasible! 

Let’s talk about businesses that are a bit complicated! If your operation has users or consumers around the world, if you are an e-commerce business, if you collect a sizable quantity of personal information, or if you transfer any data – this could mean your business is complex. This is the kind of situation that might warrant the use of a lawyer when writing a privacy policy. The content of your policy should reflect the complexity of your business. 

Privacy Policies for E-Commerce Businesses

Many folks run e-commerce stores. It may seem obvious, but e-commerce operators are collecting a lot of sensitive information about their customers. That means, mailing addresses, phone numbers, financial information, and more. If you sell or have sold products on Amazon – a massive company with tentacles across the globe that sells virtually everything imaginable – you might have reviewed their privacy policy. To say it’s somewhat dense is an understatement! A small-scale blog based website that offers users written content about baking and urban living – the privacy policy for that business will be considerably less complicated. 

Any business with customers or users located in the European Union will need to adhere to the rules outlined in the General Data Protection Regulation (GDPR). Likewise, any online selling business owner with consumers in California needs to address that which is described in the California Consumer Privacy Act (CCPA). Again, you’ll have to state the type of data that’s collected, why it’s collected, and how the business uses that data. 

Any business that collects a copious amount of personal information or which has consumers/users in various countries may benefit from the help of a lawyer when writing their privacy policy. If your business collects sensitive information, has a teen or child consumer base, or transfers data on an international scale – these are also good reasons to use an attorney. Of course, business owners can draft what they believe will be a good foundation for their privacy policy and then present that to a lawyer, which can save some time and money. 

Still wondering whether you should write your own privacy policy or use the help of a lawyer? Contact our team today for a free consultation! We can walk you through the best way forward based on the specifics of your business operation.

Up next we will be discussing the Corporate Transparency Act 2024.

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