Privacy policies are different from data protection (or security) agreements and cookie policies. A data protection agreement is an internal document that outlines how you, your company, and any third-party vendors will work to safely handle your customers’ personal information. Your customers are unlikely to ever have a reason to read your data security agreement.
Privacy policies exist to protect customers from predatory data collection practices. A good policy will also protect your company by explaining which data you’re collecting from customers, why you’re collecting it, and how your company plans to use that data in the future.
In short: Yes! Several privacy regulation laws require privacy policies. This is a fairly recent development, and the laws aren’t the same everywhere.
The GDPR (General Data Protection Regulation) laws set guidelines starting in 2016 for how data can be collected and processed if you live or do business in the EU. The CCPA (California Consumer Privacy Act) is a state statute signed in 2018 meant to protect the residents of California from predatory data collection practices.
What about clickwrap?
A clickwrap (or click-accept, click-to-sign, or clickthrough) agreement is an online agreement that users “sign” by clicking a button or checking a box. Privacy policies and Terms and Conditions are two of the most common types of clickwrap agreements that companies can add to sign-up pages, checkout flows, and login pages.
Clickwrap agreements have become a common, legally binding way to enter into a contract with another party online. The transaction is comprised of a collection of trackable data points confirming that a user “actively assented” to an agreement through an action — in this case, clicking a button.
Because clickwrap agreements require users to affirmatively assent to a contract by checking a box or clicking a button, a clickwrap is far more enforceable than sign-in-wrap and browsewrap agreements. Ironclad Clickwrap provides any easy, legally binding way to manage online agreements while maintaining a seamless user experience on your website.
Managing privacy policies
Updating privacy policies can be daunting. You have to keep track of constantly changing regulations and update the policy frequently to make sure you’re in compliance. There’s also the question of keeping your policy live in the right place on your website, apps, and other digital assets.
The good news is that digital contracting can make managing privacy policies so much easier. You can track and manage all versions of your policies without getting lost in a sea of outdated documents with countless owners. Best of all, you can update all versions with quick and simple processes, like a dynamic repository to hold contract data and Workflow Designer, to make creating and updating new policies a breeze.
Ironclad is not a law firm, and this post does not constitute or contain legal advice. To evaluate the accuracy, sufficiency, or reliability of the ideas and guidance reflected here, or the applicability of these materials to your business, you should consult with a licensed attorney. Use of and access to any of the resources contained within Ironclad’s site do not create an attorney-client relationship between the user and Ironclad.
- What about clickwrap?
- Managing privacy policies
- Next steps
Want more content like this? Sign up for our monthly newsletter.