The short answer is… Yes.
The longer explanation is that if you are collecting any personal information from your website visitors — and that includes things like collecting their IP address automatically — you are legally required to have a privacy policy on your website. Here are some of the laws that apply:
GDPR
If you have website visitors coming from the European Economic Area (formerly known as the EU), you are required to comply with the General Data Protection Regulation (GDPR).
The GDPR is an all-encompassing privacy law that covers a number of subjects. Among other things, the GDPR requires website owners to include a clear description of how information is collected and handled. You’re also required to notify visitors of their rights under the GDPR.
Your website privacy policy is how you comply with these mandates for website visitors.
CalOPPA
California passed the California Online Privacy Protection Act (CalOPPA) way back in 2003 (in the days of dial-up internet!). CalOPPA has a single purpose — to require operators of commercial websites to conspicuously post a privacy policy that explains what data is collected and how it is being used.
CalOPPA applies to any commercial website that collects data from California residents, whether the business is located in California or not. Because your site is open to all, there’s a pretty stinking good chance you have California website visitors.
More recently, California passed the California Consumer Privacy Act (CCPA). While this law created quite a bit of buzz, it does not apply to you unless you have gross revenue of more than $25 million, you are collecting data from more than 50,000 California residents per year, or you are a data broker. If you meet one of those thresholds, you should consult with a lawyer about creating a custom privacy policy to meet your needs.
COPPA
The Children’s Online Privacy Protection Act (COPPA) makes it illegal to collect personal information from children under 13 years old without express consent from their parents… and requires you to provide a way for parents to raise issues if they believe their child’s information has been collected.
Your website privacy policy should address the COPPA requirements by stating that your site is not intended for children younger than 13 and providing instructions for parents to reach out if they believe there has been an issue.
Advertising Requirements
Beyond the legal requirements, if you intend to run online advertising for your business, you will need a privacy policy in place. The major online advertising channels (including search and social advertising) require advertisers to post a privacy policy.
So a website privacy policy is required for pretty much every online business. We created the free privacy policy generator so business owners like you don’t have to worry about the cost of following the law!