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October 6, 2021Published Article

Privacy Policy Checklist

LexisNexis
If your client collects consumer data, it should have a privacy policy and adhere to that policy in practice. The privacy policy should be viewed as an agreement between the client and its customers or consumers. This checklist will serve as a quick guide of things to look for when reviewing and/or drafting a privacy policy. For a more detailed discussion on privacy policies, see Privacy Policies: Drafting a Policy.
  1. Identify the personal information that is collected, how it is collected, and how it is and will be used and protected by the client.
  2. Think long term. You should not only consider the client’s current data collection and use practices, but also any potentially foreseeable collection and use.
  3. Consider any relevant federal and state laws and regulations that have specific requirements regarding how consumer data must be handled. Also consider the legal regimes of other countries if your client does business outside the United States.
  4. The privacy policy should be complete, concise, and flexible to account for potential changes in company policy without needing revisions.
  5. Explain or define any legal or technical terms.

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