Here's the 30,000 foot view, but my head hurt just putting this together. the laws are constantly changing and there is no uniform rules across all states. Therefore, a link to my favorite privacy widget is at the end of this article so your head doesn't have to hurt!
1. The Foundation: The California Consumer Privacy Act (CCPA):
The CCPA, which went into effect on January 1, 2020, marked a significant milestone in the realm of website privacy laws. It grants California residents robust rights over their personal data, allowing them to know what information is being collected, request its deletion, and opt-out of the sale of their data. Importantly, the CCPA applies not only to businesses physically located in California but also to those conducting business with Californian residents and meeting certain criteria.
2. The Game-Changer: The General Data Protection Regulation (GDPR) Impact:
While not a US law, the European Union's GDPR has had a far-reaching impact on US businesses. The GDPR focuses on protecting the personal data of EU citizens, but its effects are felt globally due to its extraterritorial reach. Many US businesses that deal with EU customers must comply with the GDPR's stringent requirements, such as obtaining explicit consent before collecting data and providing transparent privacy policies.
3. Sector-Specific Laws: HIPAA and COPPA:
In addition to general privacy laws, specific sectors have their regulations. The Health Insurance Portability and Accountability Act (HIPAA) governs the privacy and security of health-related information, applying to healthcare providers and organizations handling such data. Similarly, the Children's Online Privacy Protection Act (COPPA) ensures the protection of children's online privacy, requiring websites directed towards children under 13 to obtain parental consent before collecting their data.
4. Privacy Policies and Transparency:
A cornerstone of website privacy compliance is transparency. Websites are typically required to have a clear and concise privacy policy that outlines what data is collected, how it's used, who it's shared with, and how users can exercise their privacy rights. This policy should be easily accessible and comprehensible for users.
5. Opt-In and Opt-Out Mechanisms:
Many privacy laws require websites to obtain explicit consent from users before collecting their data. This consent should be informed, meaning users need to know what they're agreeing to. Additionally, websites often need to provide mechanisms for users to opt out of data collection or the sharing of their data with third parties.
6. Data Breach Notifications:
In the event of a data breach, many states in the US have data breach notification laws. These laws mandate that affected individuals and relevant authorities are notified promptly. The notification should detail the nature of the breach, the data exposed, and steps the affected individuals can take to protect themselves.
7. Enforcement and Penalties:
Non-compliance with website privacy laws can lead to severe penalties, including fines. Regulatory authorities, such as the Federal Trade Commission (FTC), play a vital role in enforcing these laws and ensuring that businesses adhere to privacy best practices.
That's a lot to digest, but the bottom line is you need to be prepared and compliant. When putting together a site I like to use Termageddon.com. Yes, I laugh everytime I say it and the irony doesn't escape me. Their widget is easy to install, you answer some questions, and they follow the laws to keep your privacy policy and terms up to date. It also controls the apps you have installed on your site if a consumer wants to opt in/out. Great tool and Hans the co-founder is just an all around good guy!