Do I Need These Agreements?
Privacy policies are needed to comply with federal regulations and local laws regarding data protection. These laws apply to the vast majority of websites because most websites collect personal information. “Personal information” includes everything from users’ names and email addresses to their IP addresses and device types. In other words, data collection practices that do not overtly collect private data may still be collecting personal information from website visitors using technology. Additionally, laws like the recently enacted California Consumer Privacy Act broadly apply to business owners who collect data and profit by selling the data or using the data in their marketing. These types of laws signal a push for legislation requiring transparency from businesses, and noncompliance could result in costly fines from local governments or the Federal Trade Commission, the agency in charge of enforcing most consumer data protection compliance and empowered with the authority to seek civil monetary penalties for violations.
Natasha Singer and Mike Isaac, Facebook to Pay $550 Millionto Settle Facial Recognition Suit, N.Y. Times (Jan. 29, 2020), https://www.nytimes.com/2020/01/29/technology/facebook-privacy-lawsuit-earnings.html.
Brian Powers, How Expedia and other travel sites avoided a class action: What every travel site needs to know, PactSafe (July 30 2019), https://www.pactsafe.com/blog/how-expedia-and-other-travel-sites-avoided-a-class-action-what-every-travel-site-needs-to-know.
Jeffrey Neuburger, Browsewrap Agreement Held Unenforceable—Website Designers Take Note!, Proskauer (July 29, 2016), https://www.jdsupra.com/legalnews/browsewrap-agreement-held-unenforceable-84472/.