: Which country's privacy policy is applicable to my website? I'm searching a lot but, I am getting different opinions from different sources. Some internet sources are saying, privacy policy applicable
I'm searching a lot but, I am getting different opinions from different sources.
Some internet sources are saying, privacy policy applicable to country where your websites's data center (hosted) is, because your website physically present there. In one source I read that, it depend on target population, suppose your website is hosted in US and your target population is EU, then you need to comply with EU website privacy laws.
Some sources indicating TLD also contributes. So, I am not getting one clear guideline. I would like to know how shall I decide which country's privacy policy law will be applicable to my website.
My country - India
My website's TLD - .com
My website hosted at - Chicago (USA)
Target population - Non specific (General learning site)
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You need to look at:
Your home country laws on privacy, i.e. India
The country where you host/collect/process data through, i.e. USA
The countries where your customers are, i.e. USA, Canada, EU
You can look at India IT Act of 2000 act for how to comply, i.e. monitor user-generated content, follow best practices on privacy and user data etc.
USA has two main regulations that you need to look at: CalOPPA and COPPA (if you collect data from children under the age of 13).
Canada has PIPEDA, while the EU has the Data Protection Directive and soon, the GDPR.
Other countries across the world has privacy acts, such as:
"Personal Data Protection Act 2012 (PDPA)" in Singapore
"Personal Data Protection Act (PDPA)" in Malaysia.
"Personal Information Protection Act" in South Korea.
A comprehensive list of worldwide privacy acts is posted on our blog
According to www.cookielaw.org/faq/#WereoutsideoftheEUareweaffected technically you don't need to display the cookie consent banner as you do not legally have an entity within the EU, the site is not hosted and domains not registered within the EU zone. I would always recommend a privacy policy as it helps establish trust between you and your target audience.
Technically, EU privacy policy is strictly for web pages within EU.
So, you don't need to put it quite frankly. But... make your privacy policy for the web, look how are they written, then you write it for yourself for your page.
But, then again, you don't need to do that for Indian domains.
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