Whether opt-in consent is required when collecting personal information from a third party depends on the specific laws and regulations that apply to the company and the personal information being collected.
Under the General Data Protection Regulation (GDPR), for example, companies are required to obtain “freely given, specific, informed and explicit” consent before processing personal data, regardless of whether the data is collected directly from the individual or from a third party.
In the United States, there is no federal law that specifically regulates the collection, use, and sharing of personal information. However, some states have their own data protection laws that may require opt-in consent for collecting personal information, such as the California Consumer Privacy Act (CCPA) and the Vermont Data Broker Regulation.
Additionally, certain industries, such as healthcare and financial services, may have additional regulations that govern the collection, use, and sharing of personal information and may require opt-in consent.
It’s important for companies to understand the specific laws and regulations that apply to them, and to ensure that they are obtaining the appropriate level of consent for collecting personal information, whether it’s from a third party or directly from the individual.
Privacy Policies can be used to collect consent
Privacy policies on websites typically collect consent for the sale of PII (Personally Identifiable Information) by providing clear and conspicuous notice to users about the types of PII that will be collected, the purposes for which the PII will be used, and the third parties with whom the PII will be shared.
Here are a few common ways that privacy policies on websites collect consent for the sale of PII:
- Opt-in consent: Websites may provide users with an opt-in option, such as a checkbox or button, that allows users to actively choose to share their PII. Websites may also provide users with an opt-out option, where users have to actively choose not to share their PII.
- Notice and choice: Websites may provide users with notice about the types of PII that will be collected and the purposes for which it will be used, and give users the option to decline to share their PII.
- Implied consent: Some websites may infer consent from a user’s actions, such as by assuming that a user consents to the collection and sharing of their PII if they continue to use the website after being presented with a privacy policy.
- Do not track: Websites may allow users to set a “Do Not Track” preference in their browser, which signals to the website not to collect or share PII
- It’s important to note that the way in which consent is obtained may vary depending on the specific laws and regulations that apply to the website and the PII being collected. For example, under the California Consumer Privacy Act (CCPA), companies are required to obtain opt-in consent from California residents before collecting, using, or sharing certain types of PII.
It’s also important to note that the consent should be specific, informed and freely given. The user should be able to understand what they are consenting to and should be able to withdraw the consent at any time.
Using the Terms and Conditions to collect consent
Using a terms and conditions of use can allow companies to collect opt-in consent for the collection and sharing of PII (Personally Identifiable Information) by requiring users to agree to the terms and conditions before interacting with the website, but this is not always the case. The way in which a company can collect consent for the collection and sharing of PII will depend on the specific laws and regulations that apply to the company and the PII being collected.
For example, under the California Consumer Privacy Act (CCPA), companies are required to obtain opt-in consent from California residents before collecting, using, or sharing certain types of PII. However, companies may not be able to collect consent in this way under other laws such as the General Data Protection Regulation (GDPR). The GDPR requires that the consent must be specific, informed and freely given, and the user should be able to understand what they are consenting to and should be able to withdraw the consent at any time.
It’s important to note that the use of terms and conditions to collect consent for the collection and sharing of PII may not always be considered valid under certain laws and regulations. Companies should consult with legal counsel to ensure that they are collecting consent in a way that is compliant with all applicable laws and regulations.
Some resources to help you create a Privacy Policy
There are several websites that offer free privacy policy generators, which can help companies quickly and easily create a privacy policy that is tailored to their specific needs. Here are a few examples:
- iubenda: This website offers a free privacy policy generator, as well as paid plans that offer additional features such as automatic updates to keep the policy compliant with changing laws and regulations.
- Privacy Policy Generator: This website offers a free privacy policy generator that can be used to create a policy for a website or mobile app.
- Termly: This website offers a free privacy policy generator, as well as paid plans that offer additional features such as automatic updates to keep the policy compliant with changing laws and regulations.
- Free Privacy Policy: This website offers a simple and easy-to-use privacy policy generator, with a user-friendly interface that allows users to quickly create a policy that is tailored to their specific needs.
- Shopify: This website offers a free privacy policy generator for e-commerce websites, which can be used to create a policy that is tailored to the specific needs of an online store.
It’s important to keep in mind that while these website can help create a privacy policy, it’s recommended to have a legal professional review your policy before you publish it to make sure it’s legally compliant and that it covers all the important aspects of your business.