Privacy Policy

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Privacy Policy

Need a Privacy Policy for your business and website?

Our IT lawyers are not only experts at drafting Privacy Policies but have a deep understanding of how data (personal information) flows through organisations. If you need a new Privacy Policy or amendments to your existing one, we can assist.

Speak with our Privacy Lawyer today who is a risk and compliance professional, who regularly advises on both privacy compliance and data breach responses.

Do I need a Privacy Policy?

There are several considerations in determining whether or not you need a Privacy Policy.

The first is, are you required to have one under Australian law. That is, in order to comply with the Privacy Act 1998 (Cth). That in itself is a difficult question to answer, because all Australian businesses must comply with the Australian Privacy Principles, unless an exception exists. The most common exception is the small business exception. Even then there are exceptions to those exceptions. Small businesses which provide health services still require Privacy Policies. So do small business which contract with the Commonwealth Government. Many other examples exist where small businesses are not exempt.

Beyond compliance with the Privacy Act 2998 (Cth), there are other reasons you may need a Privacy Policy. They include:

  • Your customers probably expect you to have one.
  • You may hold information about European Union citizens and residents, and must therefore comply with the General Data Protection Regulation (GDPR). The GDPR requires you to have a Privacy Policy.
  • By being transparent you protect your business reputation if a data breach occurs.
  • You may be contractually bound to comply with the Australian Privacy principles. For example, Apple iStore requires mobile app developers to have a Privacy Policy and so does Google if you develop apps for Google Home.
  • If you contract with the Commonwealth Government you are required to comply with the Privacy Act. Similarly state government contracts often bind you to state privacy law.
  • You may just accept privacy is important and therefore take it seriously.

Furthermore, other contracts you use in your business may need to refer to a Privacy Policy. Overall, we generally recommend all businesses have one.

What does the Privacy Policy need to contain?

Compliance with the Australian Privacy Principles requires consideration of not only substance but also form. That is there is specific content which is required, and it must be expressed in a clear and transparent manner.

Typically, the information contained in a Privacy Policy includes:

  • Information about the types of personal and sensitive information held.
  • How that information is collected.
  • The purpose of collecting that information.
  • Details of how that information can be accessed or corrected.
  • To whom information is disclosed and include details of any offshore processing.
  • How an individual can make a complaint.

Do I need a Lawyer?

Some people do reasonable jobs of drafting their company’s Privacy Policy. However, there are a number of reasons you would engage our Privacy Lawyer to draft one for you.

They include:

  • We draft dozens of them and can probably do it a lot quicker than you.
  • Having us draft one lets you focus on growing your business.
  • Regularly dealing with data breaches and privacy complaints we can pre-empt likely issues.
  • We have deep knowledge of data flows throughout businesses and can help you identify the sources and use of personal information within your business.

Do I need a Lawyer?

Some people do reasonable jobs of drafting Privacy Policies. However, there are a number of reasons you would engage us to draft one for you. They include:

  • We draft dozens of them and can probably do it a lot quicker than you.
  • Having us draft one lets you focus on growing your business.
  • Regularly dealing with data breaches and privacy complaints we can pre-empt likely issues.
  • We have deep knowledge of data flows throughout businesses and can help you identify the sources and use of personal information within your business.

Get a Privacy Policy that stands up

Don't worry, it won't cost you a cent to chat to us.

Get your Privacy Policy

We draft Privacy Policies for businesses large and small and can help you understand and comply with both Australian law and the GDPR. One of our privacy lawyers can walk through the process of preparing your privacy policy and will happily provide an obligation free quote.

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IT Lawyers Brisbane