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Website Privacy Policy

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Website Privacy Policy

A website privacy policy is a legal document/statement. It acts as a disclosure of all the ways in which a company gathers and uses personal data of its customers and clients. Under Indian law, having a privacy policy on a website is mandatory for any incorporated business. The Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011 makes a privacy policy mandatory.

PocketLawyer is India's leading platform for Business Agreements drafting. It does not use boilerplate templates for drafting agreements. We are aware that each agreement is unique with regards to its substance as well as the parties for whom it is drafted. Thus, we aim to draft agreement tailor-made to suit the needs of the client. In addition to Website Development and Service Agreement, PocketLawyer can also help you with drafting of Website Terms and Conditions, Joint Venture Agreement, Founders' Agreement, Shareholders Agreement, Non-Disclosure Agreement, Vendor Agreement, and more.

Why is a privacy policy important?

  • A privacy policy is a statement of disclosure.
  • It lets your clients/customers know the procedure with which personal information is gathered and how it is used.
  • It also lays down whether such information is retained for future use.

In India, a privacy policy is mandatory requirement under the Information Technology Rules 2011. Whether or not a company has an up to date privacy policy is checked by central government officials at least once a year. It is generally done as a part of a company’s audit.

Drafting a privacy policy

The first thing to note while drafting a privacy policy is that it should be in plain and simple language. It is to be read by clients and customers and should not be filled with legal jargon. Following points should be included in the privacy policy:

  • Introduction: A brief summary of the operations of the company. What special functions does the website have? Does it require logging in to access it? These are details to be provided in the introduction to the privacy policy.
  • Information being collected: The policy should clearly lay down the information that is being collected from the clients/customers. It should also include information collected by servers such as IP address, host names etc.
  • Mode of collection: Is there a form that needs to be filled by clients/customers? Is the website remotely collecting data through its servers? A detailed description of the mode of data collection is the most important part of the policy.
  • Data storage: How long will the data be stored? Where is it stored? Who else has access to it? In case of third party access to data, the policy must mention it clearly. A separate policy may be given for third party access.
  • Queries: The policy should allow clients/customers to approach the company in case of doubts. Thus contact information should be provided in the policy itself.

The Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011

Under these rules there are some provisions to note:

  • Protection of sensitive personal information (password, financial details, biometrics, medical records etc.) should be given paramount importance.
  • The Rules lay down the procedure for collection of information. Any collection of information requires consent from the client/customer.
  • The Rules state that no disclosure of information collected to third parties is allowed unless such disclosure is laid down in the privacy policy and agreed to by the client/customer.
  • The Rules mandate that a company must have reasonable security practices and procedures to protect the information collected by them. 

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