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What Website Owners Need to Know About Data Privacy Laws
In today's digital age, data privacy is an ongoing concern for many people. A huge amount of information is collected by many companies, including when people use websites, smartphone apps, and other digital services. In some cases, this has resulted in people’s personal information being released in data breaches. Due to increasing concerns about cyber threats and a growing awareness among internet users about their right to privacy, stringent data protection laws have been put in place around the world. In some cases, these laws may affect websites that collect information about visitors. When developing and maintaining websites, it is important to understand how to comply with these regulations and assure users that their data is protected.
If you own a website that collects any kind of personal data from your visitors, it is essential to understand and comply with the applicable data privacy laws. In some cases, failure to do so could lead to legal consequences, and it could also damage your reputation. Some data privacy laws you should know about may include:
The General Data Protection Regulation (GDPR)
The General Data Protection Regulation (GDPR) was put in place by the European Union (EU) in 2018. Although the GDPR applies mainly to EU member countries, it may affect websites outside the EU that process the personal data of EU citizens.
The GDPR sets out strict guidelines on how businesses should handle and protect their users’ personal information. Some important provisions include:
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Obtaining explicit consent: Websites must obtain clear and unambiguous consent from users before collecting their personal data.
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Data breach notification: In the event of a security breach that results in the unauthorized access or disclosure of personal information, website owners must notify affected individuals within 72 hours.
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User rights: People have the right to access, rectify, erase, restrict processing, object to processing, and receive copies of their personal data held by websites.
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Privacy policy: Every website that collects personal data must have a detailed privacy policy that explains how users’ information is collected, used, and shared.
To ensure compliance with GDPR regulations, website owners may need to review their data collection practices, assess the types of personal information they collect from users, and determine whether this data collection is necessary. Transparent privacy policies should also be created and shared on a website, and these policies should clearly state how user data will be used, who will have access to it, and how long it will be retained. A website may need to ensure that explicit consent is obtained before collecting people’s personal information, and robust robust security measures should be implemented to protect user data.
The California Consumer Privacy Act (CCPA)
Websites that may be visited by people in California or serve customers in the state will need to abide by the terms of the California Consumer Privacy Act (CCPA). Even if a person or company that owns a website is not located in California, it may still fall under CCPA jurisdiction if certain conditions are met.
Key provisions of the CCPA include:
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User rights: People have the right to understand what data is being collected about them and request the deletion of personal information. They can also opt out of allowing businesses to sell their information.
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Consumer notices: Website owners must inform visitors that they collect personal data and disclose the purposes behind its collection or sale. This notice should be easily accessible on a website's homepage.
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Data breach notification: Similar to GDPR, businesses must notify users within 72 hours of any security breaches that expose their personal information.
To comply with CCPA regulations, website owners should create comprehensive privacy policies that respect user rights. They can also provide people with the ability to opt out of having their data shared or sold, and they can make sure they will be able to respond promptly to user requests regarding their personal information.
The Texas Data Privacy and Security Act (TDPSA)
The Texas Data Privacy and Security Act (TDPSA) aims to enhance consumer privacy protections by establishing requirements for businesses that handle sensitive consumer information. This law was passed in 2023, and it goes into effect on July 1, 2024. It applies to both websites operating within the state and businesses outside of Texas that collect the personal data of Texas residents.
Key provisions of the Texas Data Privacy and Security Act include:
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User rights: Consumers have the right to confirm that their data is being collected and processed, correct inaccurate information, and request that personal information be deleted.
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Consent: Businesses must obtain affirmative, informed consent from consumers before processing sensitive personal information, including data related to race, national origin, religion, sexuality, immigration status, and physical or mental health, as well as biometric data and precise location information.
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Opting out of data processing: Consumers can choose not to have their data used for purposes of targeted advertising or profiling.
Website owners can ensure compliance with the TDPSA by implementing many of the same policies and procedures described above in relation to the CCPA or GDPR. Well-drafted privacy policies are essential, and companies may need to review their data collection procedures and the practices followed when selling or transferring data to other parties.
Contact Our Website Development Professionals
When building or maintaining a website, it is more important than ever to consider what types of information are being collected from users and how this data is stored and processed. At OVC, INC., we work to ensure that the websites we design and develop comply with the applicable data privacy laws. We can provide guidance on what issues website owners may need to address and how they can implement effective privacy policies and data security procedures. To learn more about how we can help address these concerns, contact our website design experts at 630-635-8000.
Sources:
https://www.techrepublic.com/article/the-eu-general-data-protection-regulation-gdpr-the-smart-persons-guide/
https://oag.ca.gov/privacy/ccpa
https://www.insideprivacy.com/state-privacy/texas-passes-data-privacy-and-security-act/
