International Corporate Compliance, Second Edition
Elgar Practical Guides
Chapter 4: Drafting documentation
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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