Internet Privacy Legal Compliance
IS YOUR WEBSITE COMPLIANT WITH THE LAW?
Some industries have specific rules they must adhere to for all their advertising and marketing, both offline and online. The Healthcare industry has specific marketing regulations, codes and guidelines. Lawyers and legal associations must follow Bar Rules. In California, this includes Rule I-400.
Any website, blog , internet site or application (app) that wants to stay in good standing with search engines, must follow their specific terms and conditions. The two largest, Google and Yahoo, have these webmaster guidelines prominently posted, updated and available.
There are also State and Federal laws governing how ALL websites must behave to insure the privacy of their visitors. There are additional laws (below) that are specific to protect the privacy of children. The following list does not cover all the internet privacy laws currently in force, or being proposed. You are advised to be knowledgeable of the laws that apply to your business – Federal, State and your specific industry.
- CALIFORNIA NON PROFIT COMPANIES – California Ed. Code § 99122
- CONNECTICUT Gen. Stat. § 42-471
Requires any person who collects Social Security numbers in the course of business to create a privacy protection policy. The policy must be “publicly displayed” by posting on a web page and the policy must (1) protect the confidentiality of Social Security numbers, (2) prohibit unlawful disclosure of Social Security numbers, and (3) limit access to Social Security numbers.
ADDITIONAL LAWS TO PROTECT CHILDREN’S PRIVACY
- Children’s Online Privacy Protection Rule (“COPPA”). COPPA imposes certain requirements on operators of websites or online services directed to children under 13 years of age, and on operators of other websites or online services that have actual knowledge that they are collecting personal information online from a child under 13 years of age.
- Calif. Bus. & Prof. Code §§ 22580-22582 (2013 S.B. 568, Chapter 336) (Effective 1/1/2015.)
California’s Privacy Rights for California Minors in the Digital World Act, also called the “eraser” bill, will permit minors to remove, or to request and obtain removal of, content or information posted on an Internet Web site, online service, online application, or mobile application. It also prohibits an operator of a Web site or online service directed to minors from marketing or advertising to minors specified products or services that minors are legally prohibited from buying. The law also will prohibit marketing or advertising certain products based on personal information specific to a minor or knowingly using, disclosing, compiling, or allowing a third party to do so.
Laws regarding making false and misleading statements in website Privacy Policies
- NEBRASKA Nebraska Stat. § 87-302(14)
- PENNSYLVANIA 18 Pa. C.S.A. § 4107(a)(10)
Pennsylvania includes false and misleading statements in privacy policies published on Web sites or otherwise distributed in its deceptive or fraudulent business practices statute.
Is your website compliant? Contact us to discuss your specific industry website, your goals and needs. Click to e-mail us or call 800-569-8279