Find out how we can help adapt your site to the latest regulations
Overview
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.
Legal Stuff
Privacy and Cookie Policy
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:
- the contact and identifying details of the data controller;
- which personal data is being processed;
- the purposes and methods of processing;
- the categories of sources from which consumers’ data is being collected;
- the legal bases of processing (e.g., consent);
- the third-parties that may also access the data — this includes any third-party tools (e.g., Google Analytics);
- details relating to the transfer of data outside the European Union (where it applies);
- the rights of the user;
- description of notification process for changes or updates to the privacy policy;
- the effective date of the privacy policy.
The cookie policy specifically describes the different types of cookies installed through the site, any third-parties to which these cookies refer – including a link to the respective documents and opt-out forms – and the purposes of the processing.
EU Cookie Law
In addition to providing an easily available and accurate cookie policy, in order to adapt a website to the cookie law, it is also necessary to show an informative cookie banner which links to a detailed cookie policy at the first visit of each user, giving the user the opportunity to either reject or grant consent to the installation of cookies. Most types of cookies, including those issued by tools such as social sharing buttons, should only be released after the user have provided a valid consent.
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.
CCPA
CCPA requires that businesses inform California users about how and why their data is being used, their rights in regards to this and how they can exercise these rights – including the right to opt-out. In order to comply with these requirements, you need to include both the relevant disclosures within your privacy policy and display a notice of collection at the first user’s visit (where applicable).
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).
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.
Terms and Conditions
In certain circumstances it can be necessary to protect your online business from potential liabilities with a Terms and Conditions document. Though not always legally required, Terms and Conditions set the way in which your product, service or content may be used, in a legally binding way.
The Terms and Conditions typically contain copyright clauses, disclaimers, terms of sale, allow you to set governing law, list mandatory consumer protection clauses, and more.
The Terms and Conditions should at least include:
- the identification of the business;
- a description of the service that your site/app provides;
- information on risk allocation, liability, and disclaimers;
- warranty/guarantee information;
- the existence of a withdrawal right;
- safety information, including instructions for proper use (e.g., terms of delivery of product/service);
- rights of use;
- conditions of use/purchase (e.g., age requirements or location-based restrictions);
- refund policy/exchange/termination of service and related information;
- information related to methods of payment.
Solutions
Thanks to our partnership with iubenda, we can help you configure everything you need to make your site/app compliant. iubenda is in fact the simplest, most complete and professional solution to comply with regulations.
Privacy and Cookie Policy Generator
With iubenda’s Privacy and Cookie Policy Generator we can prepare a fully customized, self-updating policy for your site/app. iubenda’s policies are generated starting from a database of clauses drafted and continuously reviewed by an international team of lawyers.
Cookie Solution
The iubenda Cookie Solution is a comprehensive solution to meet EU Cookie Law, CCPA and any other third-party requirements by facilitating the display of a GDPR-compliant cookie banner or a CCPA notice of collection at each user’s first visit, the preventive blocking of the profiling cookies and the collection of users’ consent to the installation of cookies. It also supports opt-out from sale for Californian users via a “Do Not Sell My Personal Information” link.
Consent Solution
iubenda’s Consent Solution allows the collection and storage of an unambiguous proof of consent whenever a user fills out a form – such as a contact form or newsletter subscription – on your website or app, as required by the GDPR and the Brazilian LGPD.
The solution can also be used to document opt-out requests from Californian consumers, as imposed by the CCPA.
TERMS AND CONDITIONS Generator
With iubenda’s Terms and Conditions Generator we can prepare a fully customized, self-updating T&C document for your site/app. iubenda’s Terms and Conditions are generated starting from a database of clauses drafted and continuously reviewed by an international team of lawyers.