A Privacy Policy (“Privacy Policy”) describes what an organization is doing to protect the privacy of its customer or user. Particularly, protective personal data are collected. In addition, it is usually stated how this data is collected and used. If is appropriated, passed on to third parties. A privacy policy deposited on a website, can also be defined via the P3P or the Internet Content Rating Association.
The rules of a privacy policy include:
What kind of personal data is determined? A reason why such information is gathered and what the organization is doing with it. The conditions under which the information can be passed on to other organizations. The organization assumes the responsibility to protect the collected data. Organizational structures beyond the policy (such as a data protection officer). Besides, the control of implementation will deal with possible complaints. For example, in the EU, website operators have extensive information protection requirements which can be fulfilled by means of a data protection declaration on the website.
How does work in Germany…
In Germany, a website operator must inform the user in accordance with § 13 TMG if he collects data and if such information has not already been provided:
“On the nature, scope and purpose of the collection and use of personal data”. Also, processing in countries outside the European Union or the European Economic Area. “In a generally understandable form” and “At the beginning of the operation”.
Therefore, if is necessary, providers in this context pursuant to § 15 TMG users must point out that these can contradict the formation of pseudonymous user profiles (webtracking).
Finally, the user must be informed of the possibility of using the online offer anonymously or under a pseudonym (§ 13 para. 6 sentence 2 TMG).
Some regulation of data protection
It is clear from the Cologne District Court’s decision of 26 November 2015 (file number 33 O 230/15) that data protection must be provided on a website. If it does not exist, this constitutes a prohibitive infringement of competition law.
Data protection clarifications (or better data protection notices) are strictly different from data protection consent in Germany: In the data protection clarifications, the offerer explains in a purely informative manner what he does with the data due to legal authority. In the case of a data protection agreement, the provider obtains the consent of the user to use the data in a manner which does not allow the law per se (for example, sending advertising e-mails).
(https://de.wikipedia.org/wiki/Datenschutzerkl%C3%A4rung)
I hope you have enjoyed …
Cheers
Julian