Consumer-facing privacy notices carry legal consequences and a carefully drafted privacy notice may function to save a company in data privacy litigation or regulatory actions. Accordingly, several reasons exist for companies to frequently revisit privacy notices. Throughout the course of the year companies change business practices, implement new technologies, or create footprints in new markets. Changes such as these often translate into differences in how personal data is obtained, used, stored, or shared, and could also translate into additional notice or consent obligations that an outdated privacy notice may not cover. As a best practice to ensure adequate alignment of privacy practices a company should, at a minimum, revisit privacy notices each time it undergoes a change to its business.
(Based on Winston v. Facebook, Inc., No. 17-16206 (9th Cir. Dec. 6, 2018)).
This blog post was drafted by Jeremy Rucker, an Associate in the Dallas, TX office of Spencer Fane LLP. For more information, visit spencerfane.com.
