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I Run an Art Studio in England. Do I Need a Privacy Policy?

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As an art studio owner, you will need to collect a large amount of information from your customers, including their names, contact information and any relevant health details (particularly adverse reactions to paint or art materials). You must collect and store any personally identifying information following the General Data Protection Regulations (GDPR). This is particularly important given that the Information Commissioner’s Office can fine your art business up to £17.5m for a breach of the GDPR. This article will explore the benefits of utilising a tailored privacy policy and how this may reduce the risk of a hefty future fine from the ICO. 

What is a Privacy Policy?

A privacy policy outlines how your art studio will collect, handle and store personal data. The GDPR confirms that failure to provide your customers and clients with sufficient information about how your business handles their data constitutes non-compliance with data protection rules.

It is important to note that data protection policies of this nature should use natural, easy-to-understand wording. The ICO disapproves of privacy policies containing excessive amounts of jargon and ‘legalise’. Such policies are unuseful if your customers and clients cannot understand them. 

How Does the GDPR Apply to Me?

The GDPR requires any business that handles personal data to do so in accordance with its rules. Since personal data includes any information that can help identify an individual, this places a heavy duty on your organisation.

Overall, ensuring good compliance with the GDPR is essential to your business for three main reasons:

  • it protects the reputation of your art studio;
  • it helps your business handle data more efficiently (thus making data searches easier to perform); and
  • it reduces the risk of any future investigation by the ICO, leading to a potential fine of up to £17.5m.
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Privacy Policy Contents

The contents of a privacy policy vary depending on the type of business and how they handle their data. However, the majority of privacy policies will confirm the following:

  • your reasons for collecting personal data and why such reasons are lawful;
  • the types of information your business will process and store;
  • names of any third parties who may receive personal information from your organisation;
  • the contact details of an individual who can answer any questions or requests regarding data collection;
  • the fact that individuals can withdraw consent or complain to the ICO at any stage; and
  • any estimations of planned storage periods for different types of personal data.

Some business owners take a chance by using free privacy policies on the internet. Unfortunately, the ICO is clear that a privacy policy must accurately summarise the types of information your business collects and the purpose for doing so. Accordingly, using a template policy is unlikely to satisfactorily meet these requirements. Consequently, relying on a template may produce an inaccurate or misleading privacy policy. 

Personal Data Art Studios Handle

Your art studio will likely require certain information from customers regarding class bookings, payments and allergies. Therefore, your art business is likely to collect some of the following information:

  • customer names;
  • telephone numbers and email addresses;
  • health information (most notably any allergies to art supplies and materials);
  • their IP address, web browser type or internet service provider (if they take online classes);
  • home addresses (particularly for brochures or delivery of completed works of art); and
  • payment information.

Key Takeaways

Naturally, each art studio is different and makes a profit differently. Whilst some studios have professionals in mind, others seek to involve themselves more by offering classes to beginners and newcomers. One of the main points of a privacy policy is that it covers the information the company handles. Because of this, most business owners consider utilising a lawyer or data protection expert to draft a suitable privacy policy. Thereby, they can reduce the risk of breaching their legal obligations.

If you need help creating or updating a privacy policy, our experienced IT lawyers can assist as part of our LegalVision membership. For a low monthly fee, you will have unlimited access to lawyers to answer your questions and draft and review your documents. Call us today on 0808 196 8584 or visit our membership page

Frequently Asked Questions

Do we have to print and hand out a privacy policy to every customer?

No, this is not a requirement of the General Data Protection Regulations. Instead, you can simply inform customers where to find your privacy policy (usually on your website), so they know where to find it if they wish to do so.

Why are privacy policies valued so highly by the ICO?

One of the main principles of the GDPR is to ensure that individuals know exactly what an organisation plans to do with their personal data. Accordingly, your privacy policy is the main document in which an individual can learn about how your business handles and stores their data. 

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Thomas Sutherland

Thomas Sutherland

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