Privacy Policy
/ˈpraɪvəsi ˈpɒlɪsi/
A privacy policy is a legal document outlining how your company collects, uses, shares, stores, and protects personal data from users, customers, and employees to comply with GDPR and data protection laws
A privacy policy is a legal document outlining how your company collects, uses, shares, stores, and protects personal data from users, customers, and employees to comply with GDPR and data protection laws
A Privacy Policy is a legal document that clearly explains how your company collects, uses, stores, shares, and protects personal data from users, customers, employees, and other individuals. It serves as a transparency tool required under data protection laws like the GDPR, informing people about their rights and your data practices.
In Ireland, every organisation processing personal data must publish a Privacy Policy on its website and make it easily accessible. This policy outlines data collection methods, legal bases for processing, retention periods, and security measures. Failing to provide one can result in complaints to the Data Protection Commission and fines up to 4% of global turnover.
Your Privacy Policy builds trust with users whilst demonstrating compliance during investor due diligence. It must be written in clear language, regularly updated, and specifically tailored to your business operations rather than copied generically.
Irish companies require a Privacy Policy to comply with GDPR Article 13 and 14, which mandate informing data subjects about processing activities at the point of collection or within a month if obtained indirectly. Without it, you risk enforcement actions from the Data Protection Commission, including audits and penalties.
Beyond legal requirements, a comprehensive Privacy Policy reassures customers and partners that you handle data responsibly. It differentiates your brand in competitive markets and supports B2B contracts where clients demand GDPR compliance proofs.
A GDPR-compliant Privacy Policy must detail your identity as controller, purposes and legal bases for processing, categories of data collected, recipients or third parties involved, retention periods, data subject rights like access and erasure, and automated decision-making if applicable.
Include contact details for your Data Protection Officer if appointed, transfer mechanisms for international data flows, and complaint procedures to the supervisory authority. Regularly review to reflect changes in processing activities or law.
Update your Privacy Policy whenever processing activities change, such as launching new features collecting additional data or appointing processors abroad. Annual reviews align with GDPR accountability principles, whilst material updates require user notification.
Version control and change logs demonstrate good governance during subject access request handling or DPC investigations.
A Privacy Policy focuses exclusively on data handling practices and user rights, whilst Terms of Service govern overall user relationship, usage rules, and liabilities. Both are essential but serve distinct purposes under law.
Websites must display both prominently, often linked in footers. Privacy Policies trigger GDPR obligations, whilst Terms protect against misuse through limitation clauses.
No, a Privacy Policy cannot disclaim statutory GDPR liabilities or waive data subject rights. It informs but does not override legal protections. Attempting exclusion clauses risks invalidity and regulatory scrutiny.
Focus on robust security measures and breach notification protocols instead, as outlined in your policy, to demonstrate accountability.
Investors scrutinise your Privacy Policy during due diligence to assess GDPR compliance risks. A comprehensive, up-to-date policy signals strong data governance, reducing perceived liabilities and enhancing valuation.
It evidences processes for handling subject access requests and international transfers, reassuring stakeholders of regulatory adherence.
