If you run an online business, you must comply with legal and privacy obligations. For data controllers, a website privacy policy is essential, clearly outlining what data you collect (e.g., names, contact details, IP addresses), why you collect it, how you store it, and who you share it with.
A well-crafted policy demonstrates UK GDPR compliance, reassuring customers, partners, and regulators. Many UK websites still fall short, risking regulatory scrutiny, enforcement action, and lost business.
Our data protection solicitor address key questions on why privacy policies matter, when you need one, and how to get it right.
We'll consider:
- Why is a privacy policy important?
- Why is it important you draft your privacy policy with careful thought and detail?
- Why shouldn’t you copy someone else’s privacy policy?
- Which pitfalls should you be aware of in your privacy policy?
- How do you draft a compliant privacy policy?
- How can a lawyer help with your privacy policy?
Why is a privacy policy important?
Data protection law rules require your business to be transparent about how you use personal data as a data controller. A privacy policy (sometimes also referred to as a ‘privacy notice’) is a common way to communicate this. The key purpose is to give individuals a clear understanding of how you use their personal information and why. This rule applies whether you run an e-commerce store, offer online services, or allow users to contact you through a ‘contact us’ feature.
There’s a range of key information you must include in your privacy policy (including the types of personal data you collect and why, who you share it with, how long it’s kept and your lawful basis for using it). It’s critical you have all mandatory information covered off correctly, or your policy could fall short of compliance standards.
Remember that your website privacy policy is public, and anyone can review it. If it raises red flags, it can lead to non-compliance risks and evidence of non-compliance in the event of an ICO investigation.
Why is it important you draft your privacy policy with careful thought and detail?
Your privacy policy must be specific to your business. A generic or copied policy won’t protect you and could create legal risks. Every business is different, and the policy needs to be worded carefully to specifically lay out the information you collect or process and how you use it.
You’ll also need to think about how you display it and bring it to the attention of your website users. This includes making sure there’s a clear reference to your privacy information at the points your website collects data from individuals – so they know how you’ll use their data before they hand it over to your business to process.
Why shouldn’t you copy someone else’s privacy policy?
Your privacy policy must accurately reflect how your business uses data and should not be a copy paste job. Copying another business’s policy could leave you with incorrect or misleading information, not to mention potential infringement of another company’s website content. Regulators expect privacy policies to be tailored to your actual data processing activities. If your policy doesn’t match reality, it can be used as evidence that you’re not meeting your legal obligations.
Which pitfalls should you be aware of in your privacy policy?
There are some risky pitfalls to watch out for when drafting your policy:
- Don’t be too generic or miss out details – you’ll need to be crystal clear about all the personal information about your business processes. For a website, this will typically include technical information such as IP addresses too – so you might need to involve your technical teams to make sure you’re capturing all the correct details.
- Don’t use overly complex legal language – individuals should be able to easily understand your privacy policy as this is vital for transparency.
- Don’t forget to update your policy regularly – things change fast in business and your website data collection practices may change too.
- Make sure your privacy policy is easy to find – don’t bury your privacy policy within long terms and conditions, make it visible on your website’s home page.
- Know what your policy means and stick to it – it’s all very well promising data subjects you’ll allow them rights and secure their data. But you need to be able to do this before you start collecting their data.
Your business should fully understand your privacy policy and prioritise all aspects of compliance laid out within it.
How do you draft a compliant privacy policy?
To draft a UK GDPR-compliant privacy policy, you’ll need to do some initial digging and preparation work to make sure you have the correct information in hand. Consider the following:
- Before drafting your privacy policy, you’ll need to carefully review and map out how your business collects, uses, and shares personal data so your policy reflects reality. Understanding your data is the first key step before you begin to draft and this often involves a research exercise across the business to map your data flows.
- Identify your lawful basis for processing each type of data. A data protection lawyer can help guide you with this.
- Determine your data retention periods or criteria.
- Check which third parties you’re sharing data with, including service providers and if they’re based internationally – these points need careful disclosure in your privacy policy.
- Make sure you understand your data security measures.
- Understand individuals’ rights and how they can exercise them – remember you’ll need to be able to facilitate these rights as well as just list them out in your privacy (e.g. subject access requests).
Drafting a UK GDPR-compliant privacy policy needs careful thought and attention to detail. So, make sure you take the time to get this right from the outset to reduce risk.
How can a lawyer help with your privacy policy?
In a business market where data protection is a growing global concern, trust is a key currency. Customers, partners, and regulators expect transparency, and a well-crafted privacy policy helps build that trust. A generic, one-size-fits-all policy won’t suffice – you need one that accurately reflects how your business collects, uses, and stores personal data. Getting this right goes beyond compliance; it demonstrates accountability and strengthens your reputation. Certain activities, like processing special category data (e.g., health information) or children's data, require specific legal considerations, and a data protection solicitor can ensure your policy addresses these nuances.
Privacy laws evolve, so your policy must keep up. A solicitor can draft a compliant policy from the outset and update it as your business, data practices, or regulations change – providing long-term peace of mind and risk protection. A clear, transparent, and legally sound privacy policy is essential for demonstrating compliance and building trust in your business.
The rules around privacy policies can be complex, and tailored documents are crucial for minimising risk. If you need support, our data protection solicitors are here to help you get it right.
