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As a Startup, do you want your Privacy policy to comply both with your existing and future privacy legislation?If the answer to the above question is yes then you should dive into the blog to extract the ways by which you can achieve it.
Thu Nov 10, 2022
"Privacy is not an option, and it shouldn't be the price we accept for just getting on the internet." — Gary Kovacs
Wondering what a Privacy policy is all about? Let’s explore it.
A privacy policy is a thorough legal document that every digital medium should have. Be its e-commerce sites, mobile applications, blogs, websites, and so on. It is also known by various other names such as Privacy page, Privacy information, Privacy Notice, and Privacy statement.
A privacy policy has all the relevant information related to the collection of data from the visitors preserved it. The personal information that is collected from visitors digitally may include name, address, nationality, e-mail address, phone number, etc.
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A privacy policy is of paramount importance as companies or startups need to collect personal information from visitors to their websites. And it is required by the law that personal information must be protected, that’s why you need a Privacy policy.
By mentioning its Privacy policy, startups can stay protected from the misuse of personal information by third parties as well. The main aim of the Privacy policy is to build the trust of Startups with their customers.
Ensuring an all-inclusive Privacy policy will make the visitors feel safe and they will stay for a longer time on the site. They can also refer your site to their family and friends if they like it.
The policy should be clear, transparent, readable, concise, and complete. It needs to be modified from time to time. The policy should clearly state which personal information Startups need from the visitors and for what reason. It should be kept in mind that a privacy policy should be what you do in real terms.
A startup’s privacy policy should be realistic. They must adhere to all the terms and conditions stated in the policy. Generally, policy should comprise an average total of 2500 words and require a reading time of 10 minutes.
Some of the important information that can be found in every privacy policy includes the use of cookies to collect and store information, sharing data with third parties, data storage and retention, the collection and storage of geolocation data, and so on.
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Data privacy matters can be very well handled by a Data Privacy Officer (DPO). Therefore, one of the foremost steps to building your startup’s privacy policy is the employment of a Data Privacy Officer in your company or organization.
The essential qualifications of the Data Privacy Officer must be that he should have good expertise in legal subject matters and the IT field.
The main tasks of the Data Privacy Officer are to educate the employees of the company related to the data privacy rules and regulations, conduct periodic audits, and monitor adherence to GDPR (General Data Protection Regulation).
Though it is not stated in the law that there is an essential requirement of a Data Privacy Officer still it is recommended to have one.
The data life cycle includes collecting, storing, processing, and deleting data. To scrutinize the data cycle well, you need to develop a chart that consists of everything from data collection to the deletion of data.
Risk is involved in the processing of data. By developing a chart, one can easily identify and regulate the risks involved and can find solutions for their elimination. Therefore, it is very important to scrutinize the data life cycle.
Certain information needs to be provided to the data owners by the controllers under General Data Protection Regulation. This information consists of the purpose of processing, the legal basis of processing, and rights allocated to data owners to name a few.
There are two levels at which information policy can be made available to the data owners. At the first, level, when data is collected, information or consent notice is provided. At the second level, data owners are provided with a privacy policy.
Registry of processing activities needs to be done by companies following General Data Protection Regulation. Whether the personal data required for your activity should be aggregated or segregated, is decided under the guidance of the Data Privacy Officer.
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It is essential to recognize all the risks that can be there while handling and processing data. If the risks are not recognized on time then the user data will be publicly known. As a result, risk analysis needs to be done on a prior basis.
Let us consider an example of a startup. The user’s data is stored on application forms. If the authentication process is weak then the confidentiality of the user’s information will be at risk. It can also result in economic damage to the user in some way.
Keeping all this in mind, risk analysis should be administered properly. In case of data processing involves a high risk for the user’s rights and freedoms, there is a provision for data impact assessment under GDPR.
If the data owner exercises any of the rights mentioned in the GDPR then a protocol needs to be followed as a part of your data Privacy policy.
Under GDPR, it is mandatory in the case of a security breach that the incident must be reported to the data privacy agency within 72 hours.
Also, the controller must take action on time for the security breach by implementing the data breach response internal mechanism. In addition, startups with a website need to implement a cookie policy too.
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It is of paramount importance to understand and be aware of some of the common issues associated with the privacy policy.
Are you unable to understand the privacy policy? It means that the policy is written in legalese i.e. it can be understood by a lawyer only. The terms used cannot be grasped by a layman. It should be noted that a privacy policy should be understandable by all.
It should be updated regularly. The date from which the policy was effective should be mentioned as well. This is essential for developing trust with your visitors. Regular notice of updates to the privacy policy should be sent to the visitors.
Unable to find the privacy policy? The privacy policy should be visible to visitors. It should not be hidden on your website.
Every individual has the right to privacy. The trust with which a user shares his information with the digital world should not be broken.
The privacy policy should be considered essential by startups and placed as a topmost priority on their to-do list. Without it, a startup will be prone to a lot of trouble and can lose the trust of the users.
Dr. Anu Khanchandani
With over two decades of experience in the software technology arena, having worked in multinational and SME companies in India, USA and Singapore in the capacity of programmer to CTO - I felt now was a good time to give back to the world what I have learnt in this journey. Even if it ends up benefitting a few of my readers by giving them insight or solving a technical issue, I think I will have achieved my mission!
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