Determann's Field Guide to Data Privacy Law

Determann's Field Guide to Data Privacy Law

International Corporate Compliance, Second Edition

Elgar Practical Guides

Lothar Determann

Companies, lawyers, privacy officers, developers, marketing and IT professionals face privacy issues more and more frequently. Much information is freely available but it can be difficult to get a grasp on a problem quickly, without getting lost in details and advocacy. This is where Determann’s Field Guide to Data Privacy Law comes into its own – helping to identify issues and provide concise practical guidance in an increasingly complex field shaped by rapid change in international laws, technology and society.

Chapter 4: Drafting documentation

Lothar Determann

Subjects: law - academic, information and media law, law -professional, technology, media and telecommunications law

Extract

If you are trying to satisfy a particular legal requirement, you should first carefully analyze the source, applicability and elements of the legal requirement. For example, California law requires that a company post a website privacy statement before the company collects any data online from consumers in California. The California law specifies how this statement has to be posted and which topics it has to address. Similarly, the U.S. Federal Trade Commission has encouraged companies to disclose in website privacy statements how the company processes consumer data. But, companies that sell to enterprise customers and do not deal with consumers online are not subject to the same requirements. If such companies decide to post website privacy statements anyhow, they should be cognizant of the fact that they are not legally required to do so and focus on their alternate purposes (e.g., to satisfy market expectations).

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