Is a Joint Privacy and Cookie Policy Risky?

Many businesses operate websites and apps that deploy cookies and collect personal information. Transparency about these practices is crucial, meaning companies must provide users with comprehensive and compliant privacy and cookie policy documents. Some companies combine their privacy and cookie policies into a single document instead of publishing separate policies. However, a joint privacy and cookie policy requires care and attention and can raise risks for a business. This article explores the risks of using a joint privacy and cookie policy and critical issues to consider when taking this approach. 

Why are Privacy and Cookie Policies Important Documents?

The UK General Data Protection Regulation (UK GDPR) sets out rules for processing personal information. 

A privacy policy is necessary to fulfil the transparency requirement of the UK GDPR. As a data controller, you must provide clear and comprehensive privacy information to individuals about whom you process personal data. This is a key legal obligation. 

A privacy policy should cover various information such as:

• the types of personally identifiable information or personal data your business collects, such as IP addresses, email addresses, phone numbers, or other contact information;
• the data use purposes include the relevant lawful basis (such as consent or legitimate interests);
• the retention periods for the data;
• information about third parties who may access the data;
• details on data transfers outside the UK;
• information regarding security measures to protect the data; and
• information on individuals’ data protection rights, such as the right to make a subject access request.

Cookies on websites or mobile apps fall under the Privacy and Electronic Communications Regulations (PECR), separate from the UK GDPR. If you use cookies, you must inform users and obtain their consent for most cookies. You can tell users about your use of cookies through a cookie policy. 

A cookie policy should explain critical information such as:

• information regarding the use of cookies;
• the purposes for which you use cookies;
• the duration of time you store cookies;
• information about third-party access to cookies;
• mechanisms for users to opt out of cookie usage; and
• the technical specifications of the cookies.

Often, businesses use tools such as cookie banners alongside cookies to obtain user cookie consent. 

Both privacy and cookie policies are essential documents to ensure compliance with different legal requirements. In practice, many businesses need both documents to comply with PECR and the UK GDPR rules. 

What are the Risks of a Joint Privacy and Cookie Policy?

While a joint privacy and cookie policy may help streamline information into one document, this approach can have risks. 

For instance, common risks could include:

Complexity and Length

A joint privacy and cookie policy can become lengthy and complex, making it harder for users to find specific information. This can lead to confusion and potentially less transparency.

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Merging two comprehensive policies into one document can overwhelm users, meaning individuals may be less likely to read and understand the entire policy.

Reduced Flexibility

Separate policies will allow your business to make easier, tailored updates to address specific regulatory changes or changes in your business practices. A combined policy may reduce this flexibility and complicate the updates you need to make. 

Compliance Challenges

PECR and UK GDPR have specific requirements and rules for privacy and cookie policies. Combining them can complicate ensuring compliance with all regulatory obligations. For example, joint policies may be incorrect and only cover some mandatory information required under PECR rules.

What are the Benefits of Legal Advice for a Joint Privacy and Cookie Policy?

Awareness of critical legal issues is crucial when implementing a joint privacy and cookie policy. 

UK GDPR and PECR have distinct compliance requirements. A privacy policy must detail how personal data is collected, used, and protected. In contrast, a cookie policy must provide specific information about cookie use, and users can manage their preferences. 

Merging these into a single document can lead to compliance gaps if a business does not draft the joint policy correctly. 

Working with a data protection lawyer is highly recommended when drafting a joint privacy and cookie policy. A lawyer can help by:

• advising on rules which apply to the types of personal data you collect and cookies you deploy to provide tailored advice on which policy documentation you need. For example, your business may not need a cookie policy if it does not use cookies;
• drafting legally compliant language and structuring the document with clear headings and navigation tools to avoid user confusion;
• ensuring the documentation is understandable for your target audience, such as using child-friendly language if you collect data from children; and
• ensuring you meet all regulatory requirements in your joint policy without confusing or incorrect information that could lead to non-compliance or user confusion.

You should remember that most cookie and privacy policies are public-facing documents. As such, it is vital to get this right. Individuals and regulators alike can quickly review these documents to gauge whether your business complies with the UK GDPR and PECR rules, so legal advice can be invaluable. 

Key Takeaways

A joint privacy and cookie policy can help streamline privacy and cookie information but also gives rise to risks such as complexity, confusion, and missing mandatory information. You must structure a joint policy carefully to ensure compliance with PECR and UK GDPR in a user-friendly and transparent way. Working with a data protection lawyer is highly recommended to ensure compliance with UK GDPR and PECR. 

If you need legal advice on a privacy policy or cookie policy or need help drafting these documents, LegalVision’s experienced data, privacy and IT lawyers can help. As part of our LegalVision membership, you can have unlimited access to lawyers for a low monthly fee. Call us today on 0808 196 8584 or visit our membership page.

Frequently Asked Questions

1. What is the difference between a privacy and cookie policy?

A privacy policy is a document that sets out how you collect, use, store, and protect personal data. A cookie policy provides details on cookie use, including the types of cookies used, their purposes, storage duration, and how users can manage their cookie preferences.

2. What are the risks of having a joint privacy and cookie policy?

The risks could include increased complexity and length, challenges in ensuring compliance with all regulatory obligations and the potential to confuse individuals. As such, legal advice on a joint policy can be invaluable.