Search

How can we help?

Icon

GDPR Privacy Policies: Key requirements for organisations

When an organisation is creating a website or app to reach users or potential customers drafting a Privacy Policy may be an afterthought. However, failure to write a Privacy Policy, which complies with the relevant legislation, can have serious consequences.

Legal requirements of a Privacy Policy

A Privacy Policy (otherwise known as a Privacy Notice) is a legal document that explains to users what an organisation is doing with their data. The Data Protection Act 2018 (DPA 2018) defines data as any information relating to an identified or identifiable living individual e.g. names, phone numbers, national insurance numbers. If an organisation holds personal data, which is generally all organisations, they will need a Privacy Policy.

The UK General Data Protection Regulation (GDPR) places a duty on organisations to inform individuals on what happens when their data is collected. Articles 13 and 14 of the GDPR state what must be included in a Privacy Policy:

  • Data controller’s identity
  • What personal data are collected
  • How personal data are collected
  • Why personal data are collected
  • When personal data are shared
  • What choices individuals have
  • How long personal data are kept
  • What rights individuals have, including the right to withdraw consent and complain

However, complying with these content requirements is not enough. The Privacy Policy must also be provided to individuals in a “concise, transparent, intelligible and easily accessible form, using clear and plain language”. Additionally, important information should not be buried in long, difficult to navigate text.

The consequences of having a poorly drafted Privacy Policy

A poorly drafted Privacy Policy can result in several financial and reputational consequences for an organisation.

Penalties for noncompliance:

The Information Commissioner’s Office, the UK’s data protection regulator, has the right to enforce various penalties for breaches of GDPR. These penalties include:

  • Substantial fines (up to £17.5 million, or up to 4 percent of the total worldwide annual turnover of the preceding financial year)
  • Enforcement action requiring an organisation to rectify their noncompliance

Legal action and compensation claims:

Under GDPR individuals can sue organisations for compensation if they believe their data protection rights have been violated.

Damages to customer trust and reputation risks:

If a Privacy Policy does not comply with GDPR customers may view an organisation as not respecting data privacy rights. Business partners and third parties may also reconsider their relationships with noncompliant organisations.

Overall, a well-drafted Privacy Policy will not just help your organisation comply with mandatory legal rules but will also help foster trust with individuals by demonstrating your commitment to good data-processing practices.

A poorly drafted Privacy Policy can result in several financial and reputational consequences for an organisation.

Practical steps to ensure compliance with GDPR

The following are some steps that your organisation can take to ensure compliance with data protection legislation:

  • Ensure your Privacy Policy complies with Articles 13 and 14 GDPR
  • Ensure your Privacy Policy is easily accessible when users visit your website (ideally a link to the policy should appear on every page, especially on the homepage)
  • Your Privacy Policy should not be too long, burying important information
  • Your Privacy Policy should not be vague or use ambiguous language
  • The Privacy Policy should allow users to withdraw their consent to their data being processed
  • If you already have a Privacy Policy on your website review it constantly to ensure it complies with any new legislation

Data protection is a legal obligation. So, every organisation, however small, needs a GDPR compliant Privacy Policy when processing people’s data.

How our data protection team can help

Our data protection team assist organisations with dealing with potential and actual data protection breaches and DSAR compliance including assisting organisations in updating their policies and training.  Please do not hesitate to get in contact with a member of the team.

Disclaimer

This information is for guidance purposes only and should not be regarded as a substitute for taking legal advice. Please refer to the full General Notices on our website.

Author profile

Zahra Navarro

Trainee Solicitor

View profile

+44 20 7539 8050

About this article

Read, listen and watch our latest insights

art
  • 13 October 2026
  • Litigation and dispute resolution

London Court of International Arbitration v International Chamber of Commerce: Key differences

Compare LCIA and ICC arbitration rules, costs, confidentiality provisions and expedited procedures. Learn the key differences between these leading international arbitration institutions and how to choose the right option for your commercial dispute.

art
  • 09 October 2026
  • Employment

Neurodiversity, probation and unfair dismissal: What employers need to know

The next few years are introducing landmark changes to employment law in the UK, under the Employment Rights Act 2025. Part of these changes include the amendments to rights to unfair dismissal, reducing the qualifying period for this right to six months.

art
  • 08 October 2026
  • Commercial Real Estate

Packing up rate mitigation – The end of ‘box shifting’?

What is box shifting and how does it affect property owners and tenants? We examine the Court of Appeal’s decision in City of London v 48th Street Holdings and its implications for intermittent occupation, business rates and lease arrangements.

art
  • 30 September 2026

Clarkslegal celebrates strong results in the Legal 500 UK 2027

Clarkslegal would like to thank its clients for the outstanding feedback that contributed to the firm’s recognition in the Legal 500 UK Solicitors 2027 Guide. We are proud to be recognised across five key practice areas: Litigation, Property, Corporate & Commercial, Employment, and Immigration.

art
  • 29 September 2026
  • Employment

New bereavement leave rights for pregnancy loss

The Government have announced that in April 2027 they will be introducing a new right to bereavement leave to include those who suffer pregnancy loss before 24 weeks. This has been announced in their response to their consultation on bereavement leave “Make Work Pay: Leave for bereavement including pregnancy loss”.

art
  • 25 September 2026
  • Employment

Consultation response on duty to inform workers of right to join a union

The Employment Rights Act 2025, makes it a requirement for employers to inform workers of their right to join a trade union at the same time as the Section 1 particulars are issued to them and at subsequent times. The details of this new duty are to be provided in regulations.