Find out how we can help you adapt your site or app to the regulations
Websites and apps must always comply with certain requirements imposed by law. Failure to comply with the legal requirements, can result in serious penalties including substantial fines, audits and potential litigation.
For this reason we have chosen to rely on iubenda, a company built on both legal and technical expertise, that specializes in this sector. Together with iubenda, of which we are Certified Partners, we have developed a proposal to offer all our customers a simple and safe solution to their compliance needs.
Overview of the main legal requirements for websites and apps owners
The law obliges each site/app that collects personal data to disclose relevant details to users via dedicated privacy and cookie notices.
Privacy policies must contain certain fundamental elements specific to your particular processing activities, including:
Can’t we use a generic document?
It’s not possible to use generic documents as your policy must describe in detail the specific data processing carried out by your site/app, and must also include the particular details of any third-party technologies (e.g., facebook Like buttons or Google Maps) specifically used by you.
What if my site does not process any data?
EU Cookie Law
Furthermore, many third-party vendor networks may limit ad reach if you do not have a cookie management system that meets industry standards in place — potentially reducing your ability to generate ad revenue.
What is a cookie?
The process which allows the user to opt-out should be facilitated via a “Do Not Sell My Personal Information” (DNSMPI) link which should be accessible from your notice of collection and elsewhere on your site (best practice would be to also include the link in the footer).
My business is not based in California, do I need to comply with CCPA?
The CCPA applies to most businesses that collect or could potentially collect Californian customers personal information, whether or not the business itself is geographically located in California. Since IP addresses are considered personal information, this likely applies to any website with at least 50,000 unique visits per year from California.
Consent according to GDPR and LGPD
When a user directly enters personal data on a site/app, for example by filling in a contact form, service registration or newsletter subscription, it is necessary to collect consent that is freely given, specific and informed. Under the GDPR, it’s also necessary to keep unambiguous records that allow you to demonstrate that valid consent was collected.
Similar to the GDPR, the Brazilian LGPD also requires the data controller to provide an unambiguous proof of consent, giving evidence that the user’s consent was collected by a valid means.
What is free, specific and informed consent?
You must obtain consent for each specific processing purpose – for example, a consent to send newsletters and another consent to send promotional material on behalf of third-parties. Consent may be requested by setting up one or more checkboxes that are not pre-selected, not mandatory or coerced (freely given) and accompanied by relevant disclosures that make it clear to the user how his or her data will be used.