Website Privacy Policy: Are There Different Web Privacy Policy Requirements in the US and Australia?

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Yes, every country has different laws and regulations governing website privacy and consumer protection. However, there are some countries that have yet to adopt any privacy regulations.

Although there are different requirements under US and Australian law, a privacy policy can be made to satisfy the requirements of both countries. Australia is seen as having very strict privacy policy regulations in comparison to many other countries and in many instances, a strong privacy policy under Australian law will likely be valid and be regarded favourably by other countries with respect to privacy law and compliance with local regulation.

Despite this, if you have a website business which provides goods or services to other countries, you should be familiar with all aspects of the laws of other jurisdictions in relation to privacy regulations. To meet the requirements under US law, for example, and under the laws of other countries such as the UK, there will need to be some additions or amendments made to an Australian privacy policy statement. If these extra requirements are left out for a website that is selling goods and services in the US, a lack of compliant privacy policy with US requirements could cause problems for website owners who operate or sell products or services in the US and there are penalties and sanctions for such activity. In addition, the website could be shut down for non-compliance.

When comparing the requirements of Australia and the US, a key additional US requirement needed for a privacy policy valid under Australian law to comply with US law relates to the collection of information of children under 13 years of age. To meet the US privacy requirement, a website needs to ensure they will not collect information from children under 13 years. If the website is not targeted at children under 13 visiting or does not wish to have children viewing the site, the website the privacy policy must explicitly state this.

For a US website privacy to meet Australian privacy requirements, it is a bit more complex as Australian privacy laws are more detailed in their focus. Australian privacy regulations are quite strict on such detail as, for example, how websites collect, store and disclose personal information, focusing on website cookies. US law currently is not as strict as Australian law which means that if a US website wants to ensure their privacy policy is compliant with Australian standards, there are a number of additional requirements that need to be considered to meet Australian privacy regulations. In addition, Australian law has industry specific requirements that healthcare providers, financial services, medical, legal, credit providers and other specialised professionals must be aware of-all which need to be considered depending on the type of website you are choosing to set up.

In summary, with the differing requirements from country to country it is possible to have a policy that covers multiple jurisdictions. However, when considering the privacy policy to include on a website, the owner will need to ensure they are aware of unique and potentially unexpected features of the laws of each jurisdiction that they may be seen to provide services or products to, so that they ensure they have a compliant privacy policy.

Want to know more? Click here for Free information on Website Privacy Policy. Australian legal agreements and forms from http://legal123.com.au/.

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Are There Different Website Privacy Policy Requirements in the UK and Australia?

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Yes. Although the requirements are similar in each country, there are some differences that websites will need to be aware of to ensure compliance with privacy laws in other jurisdictions. It is possible to amend Australian website privacy policies to ensure that they are in compliance with the requirements of both UK and Australian jurisdictions.

Recently, following an EU directive, amendments were made the UK Privacy and Electronic Communications Regulations which came into force in May 2011. The most significant aspect of these UK amendments is that website users and visitors must expressly agree to accepting cookies that give any and all website information from a user or visitor. Prior to this, any information collected, even things as minor as visitor sites that were viewed or visited and collected for the purposes of advertising relevant or related adverts to subject topics they viewed, was exempt from this active requirement. This new regulation now means that any type of 'cookie' which may collect this or any type of visitor information must be actively and positively agreed to by the visitor to the site prior to viewing or access to the website.

This is seen as a very strict and uncommercial policy in comparison to other countries. It is viewed as a barrier and obstacle which will inhibit and stop people from viewing UK websites. Visitors may choose to go to other websites in other countries, such as the US, which do not have this requirement.

Currently in Australia a privacy policy must tell users of websites how information is collected and its purpose (which is stricter than other jurisdictions such as the US) but does not require active agreement for cookies which monitor such things as advertising directional material unlike the UK.

Aside from this major change with visitors and user to sites having to explicitly accept cookies and storage of their information in the UK, there are a number of other modifications Australian websites will need to make in order to ensure that their policies are UK compliant. This includes notifying visitors that their IP addresses, in addition to other information from visitors may be taken and stored.

Although both the UK and Australia generally have similar privacy laws, one should never assume that just because a site complies with a privacy policy in one country that it will also comply with another. Every jurisdiction may be slightly different and may include unexpected or new requirements as website privacy laws are seemingly and constantly changing and being updated.

In addition to new requirements, it is likely that laws may change on a regular basis, as they recently have in the UK and may result in modifications needing to be made to an existing privacy policy. By modifying an existing privacy policy to make it fit the requirements of another jurisdiction will not necessarily void the policy in the home jurisdiction, but rather make it more comprehensive-generally speaking, the stricter the privacy policy compliance, the more likely it will meet local requirements.

Want to know more? Click here for Free information on Website Privacy Policy. Australian legal agreements and forms from http://legal123.com.au/.

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