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Who needs a website privacy policy and how to develop one

Who needs a website privacy policy and how to develop one

We’ll figure out who needs a privacy policy and how to put one in place on your site.

Who needs a website privacy policy?

Only personal data operators are required by law to disclose a privacy policy. To determine whether such a document is required on your site, you must first determine what type of data is being collected and who the operators are.

The first idea, 152-FZ, is defined as follows:

Any information connecting directly or indirectly to a specific or identifiable natural person is referred to as personal data (subject of personal data).

Although the legislation does not provide an exact list, we may deduce from the definition that personal data includes everything that connects to a specific person and allows him to be identified. There are also notions of general, specific, and biometric data in the book.

Everything is easier with operators, who are any person, company, or government entity that collects, stores, processes, or otherwise interacts with personal data. If a site features order forms, comments, registration, or feedback, in which a person puts a name, surname, email address, phone number, or other information, the site’s owner might be traced to operators.

A privacy policy is not required if the user is just asked for their name or nickname when leaving a remark, as such information cannot be used to identify a person.

How to write a privacy policy

There is no statutory form. But there is a list of information that must be written in the document.

  • What basis do you gather personal data on, and for what purpose do you collect it?
  • Your name, phone number, and address.
  • Information on who processes the data, including whether it is done by another company and which third parties have access to it.
  • What data do you process and from what sources, including cookies, do you get it?
  • Personal data processing and storage terms.
  • How do you adhere to the subject’s rights as outlined in the “On Personal Data” law?
  • You are transmitting data outside of Russia, according to this information.

All of this data can be provided in a free-form fashion. The most important thing is that the document has all of the information that the law needs, as well as a clear explanation to the user of what happens to his personal data, how you can use it, and how you preserve his right to privacy and personal secrets.

It is not a good idea to duplicate the privacy policies of other websites. You must change the language to your data processing requirements at the very least.

The document’s name on the site can vary personal data policy, privacy policy, user agreement, and so on. This has no effect on the essence of the matter and is not regarded as a violation.

How to draw up a document and place it on the site

Personal data subjects must have free and unrestricted access to the privacy policy, which is the only legal requirement in this regard. Otherwise, it is up to the site owner to decide how best to apply it.

A document is typically published on its own page with one-click access from any other. Next to the forms where the user consents to the processing, links to the privacy policy should be displayed. A footnote to a document is frequently placed in the site’s footer or top menu.

It’s also necessary to check the box next to the forms that say “Consent to the processing of personal data.” With the exception of a few exceptions that do not apply to sites, the law allows for the collection and processing of information on users only with their consent. Furthermore, the resource owner should be able to demonstrate that authorization was given in the case of verification.

For designers and popular CMS, it is not difficult to meet this requirement; most developers responded swiftly and included this feature in their systems.

It meets the standards of 152-FZ and allows you to:

  • using the Contact Forms 7 plugin, automatically add checkboxes to comment forms and subjects;
  • make a privacy policy page and personalize it;
  • build up a cookie notification system;
  • alter the processing consent flag’s text;
  • set this checkbox as the default, albeit you shouldn’t do so – the user must consent, which requires him to check the box;
  • it will prevent the form from being submitted if it is missing.

There are still several old plugins, including English ones, that allow flags to be inserted for things like subscribing to the newsletter, accepting the user agreement, and so on. New goods, on the other hand, have been built particularly to comply with 152-FZ, making it easier to configure them for these reasons.

Finally, a few more requirements that you should not forget

  • You may not gather more data than is necessary to accomplish the privacy policy’s objectives.
  • Databases hosted on foreign servers cannot be used to store or process data.
  • You must notify Roskomnadzor in writing or electronically before beginning to collect personal data. Art. 22 152-FZ contains a list of information.
  • You must enter into an agreement to delegate the processing of personal data to other legal or natural persons.
  • Personal data operators are required to safeguard their security through organizational, legal, and technical means, such as training staff, developing local acts, and ensuring dependable database protection that prevents information leakage and access by third parties.

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