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GDPR Privacy Policy

A lot of the focus placed on the GDPR so far has been on the new concepts it introduces, such as data breach reporting, pseudonymisation, privacy impact assessments and privacy by design, and less on more seemingly straightforward and less important obligations, such as updating your website’s privacy policy (or putting on in place if you do not already have one).

On further consideration, however, it quickly becomes clear that this is a seriously flawed approach and that updating your website’s privacy policy is possibly the single easiest and most important thing a business should be doing to prepare for the GDPR. Here’s why:

  • It’s public. Your website is one of the few aspects affected by the GDPR which is public and therefore visible for anyone to see. This includes not only the regulator itself, but also your customers and competitors, any one of which could report you to the regulator for non-compliance, and upon the receipt of such a complaint, the regulator is obliged to act.
     
  • Highest fines. Failing to have a privacy policy, or having a non-compliant privacy policy will also breach the transparency and fairness obligations of Article 5 of the GDPR (amongst others) and is therefore liable to attract the higher fines of up to €20,000,000 or 4% of turnover (whichever is higher). This is more than you can be fined for failing to introduce data protection by design and by default into your business!
     
  • Easy to get wrong and prove a breach. Because the GDPR’s requirements for privacy policies are so prescriptive and detailed, they are tricky to satisfy. Moreover, failure to meet a single requirement or to meet it properly is an instant breach of the GDPR and can easily and instantly be proven, unlike many of the GDPR’s other requirements, where there is some discretion (such as what ‘appropriate technical and organisational measures’ are).
     
  • Easy and affordable solutions. There are cost-effective solutions available to obtain reliable, high quality and fully GDPR-compliant privacy policy documents, that can cost as little as £100 + VAT, a fraction of the cost of complying with other GDPR obligations or having to go to a solicitor, either of which can run into the £1000s.
     
  • Message. Failing to have a GDPR compliant privacy policy sends completely the wrong message about your organisation and GDPR, suggesting publicly that you are either unaware of, or do not understand, its requirements and raising questions about whether you have implemented steps to meet its other, more onerous obligations.

The only truly GDPR-compliant privacy policy provider which we have been able to locate, which we are using for our own websites, is called GDPR Privacy Policy, a dedicated provider of GDPR-compliant website documentation. Their documentation has been approved independently by a UK solicitor and a UK barrister for GDPR compliance, as well as for compliance with certain extra-territorial US laws by a US attorney, so it is very high quality.

We have been able to negotiate a 10% discount with GDPR Privacy Policy for all of our customers and clients. You can obtain the discount by entering the following discount code at checkout: cleartext

You can purchase the website documentation here: https://gdprprivacypolicy.org/ref/5/

When you have purchased the documentation, you can conveniently display a logo on your website to show that you have adopted the documentation which deals with helps meet the requirement of being seen to compliant with the GDPR and which can help build customer trust and confidence.

Please contact us if you require more information about preparing your website for the GDPR.

Article by:  Henry Herbert, Partner, Herbert & Ball LLP

Published: October 30th 2017 at 5:27pm

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