Keep your website up to date | Website privacy laws that help your small business in the long-run
If you think of your website as a member of your team, their role would be fairly extensive.
They’d be one of those all-rounder “unicorns” that we see described in many a small business job ad. Marketing, copywriting, design, conversion, sales—the list goes on.
And just like a member of your team, your website needs to comply with Australian Business Law. It might sound intimidating, but it’s how we keep our website, our customers, and our business itself, safe.
A privacy policy is one of the top 3 core documents every small business owner needs (the others are Business Ts and Cs and Website Ts and Cs—and yes, you do need both).
I’m here to take the overwhelm and intimidation out of Australian Business Law, so in this article, I’m going to dive into privacy policies: What they are, why you need them, and how they help to protect your business while you grow it.
What is a Privacy Policy?
From a business lawyer’s perspective, every business needs one.
The Privacy Act 1988 (Cth) exists in Australia, and it outlines loads of things that businesses need to do when they are collecting personal data.
You might have seen them linked in website footers, and you definitely will have encountered them on almost every website we visit these days, right when you land, when those cheeky cookie messages pop up.
When you hit [Accept Cookies], you’re permitting that website to collect and use your data in the ways laid out in the privacy policy.
Am I legally required to have a Privacy Policy on my website?
Long story short: not always (for now), but you still should.
There are some exceptions that technically mean some businesses don’t legally need to have a privacy policy. At the moment, those exceptions are under review, and I think they will be removed eventually.
My view is that in this day and age, where so much of what we do is online, it’s more important than ever to be transparent about your business processes for managing personal data. After all, a visitor to your website hasn’t given their express permission for you to use their data until they accept your policy. A privacy policy, then, ought to be non-negotiable.
What is Personal Data?
Personal data is basically any data that someone gives you: information that relates to an identified or identifiable individual. It can also extend to the information collected that enables functionalities, like geolocation and security features.
In the online world, we leave trails of personal data everywhere, so it’s important that we can trust the websites we visit to protect that information.
A simple name and email address constitutes personal data under the Privacy Act, so if you have a Contact page on your website—not to mention shops that collect more information than this—then yes, you are collecting personal data and you should have a privacy policy.
Why have a Privacy Policy?
Trust
A privacy policy helps build trust with your audience.
We are all living in a digital age, where we are doing more and more online. I don’t know about you, but the first thing I do when I land on a new website to check someone out is look for their Website Ts & Cs and their privacy policy.
I always read the privacy policy (true story!), and if it isn’t there, or if it's a copy and paste job and doesn't suit the business, this is a red flag for me and I move on quickly (and I know of more and more people who do the same thing these days).
Transparency
Transparency is a must. You’re not there in person to explain things to your website visitor, so if they need to know how their personal data is being used, then they will look for your privacy policy.
If they don’t find it, or it doesn’t make sense, there’s every chance they may leave your website. No Privacy Policy = no transparency, so it comes off as dodgy.
Professionalism
It’s one of those boxes you’ve just gotta tick. We take care, as small business owners, to show that we’re competent and trustworthy, and this means paying attention to the details.
Having a clear, sophisticated privacy policy that’s relevant to your business shows that you care about your site visitors’ experience, and that you’re there to protect their personal data.
Compliance
Some businesses are required to have one under the Privacy Act, and if that’s you, and you don’t have one, penalties apply.
Like I mentioned at the start, there are some exceptions. But it’s always better to have it and not need it, than to need it and not have it.
Remember…
Preparation is better than cure. Even though some businesses are currently exempt from having a privacy policy, this won’t always be the case. Getting your privacy ducks in a row now will ensure your business is compliant in the long-run.
Read more on Business Ts & Cs and Privacy Policies:
Another great resource for small business owners, to help set the foundations for success in business is our article The Beginners Handbook, which you may find very helpful.
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