The General Data Protection Regulation (GDPR) is the world's most comprehensive privacy law. If you process data from EU residents, your privacy policy must meet specific requirements. Here's what you need to know.

Who Does GDPR Apply To?

GDPR applies to any organization that:

Is based in the EU
Offers goods or services to EU residents
Monitors the behavior of EU residents

This means a website in the US that accepts EU visitors likely needs to comply with GDPR.

Mandatory Privacy Policy Elements

Under GDPR Articles 13 and 14, your privacy policy must include:

1. Identity and Contact Details

Name and contact information of the data controller (your organization). If you have a Data Protection Officer, include their contact details.

2. Purposes and Legal Basis

Explain why you collect data and the legal basis for each type of processing. GDPR recognizes six legal bases: consent, contract, legal obligation, vital interests, public task, and legitimate interests.

3. Data Categories

List what types of personal data you collect. Be specific: names, email addresses, payment information, browsing behavior, etc.

4. Recipients

Disclose who receives the data, including third-party processors like payment gateways, email services, and analytics tools.

5. International Transfers

If data is transferred outside the EU, explain the legal mechanism used (Standard Contractual Clauses, adequacy decisions, etc.).

6. Retention Periods

State how long you keep each type of data, or the criteria used to determine retention.

7. User Rights

Inform users of their rights under GDPR:

Right to access their data
Right to rectification
Right to erasure ("right to be forgotten")
Right to restrict processing
Right to data portability
Right to object
Rights related to automated decision-making

8. Complaint Rights

Inform users they can lodge complaints with a supervisory authority.

Plain Language Requirement

GDPR requires privacy policies to be written in "clear and plain language." Avoid legal jargon. Make it easy for average users to understand what you're doing with their data.

Consent Requirements

If consent is your legal basis, it must be:

Freely given: No bundled consent or negative consequences for refusing
Specific: Separate consent for different purposes
Informed: Users must know what they're consenting to
Unambiguous: Clear affirmative action (no pre-ticked boxes)

Penalties for Non-Compliance

GDPR violations can result in fines up to 20 million euros or 4% of global annual revenue, whichever is higher. Even smaller violations can result in significant penalties.

GDPR Privacy Policy Requirements Explained