Is It Illegal to Copy Someone Else’s Privacy Policy?

Why copying a privacy policy is a problem

Many privacy policies sound similar, so it is tempting to copy one from another site. The issue is that a privacy policy is still written content. If you copy it word for word, you are taking someone else’s original writing and using it as your own.

Copyright and legal risk

Privacy policies are usually protected by copyright because they are original written works. Copying one verbatim can be copyright infringement, even if your business is in the same industry.

In real life, lawsuits are not the most common outcome. More often, a business gets a cease-and-desist letter, is forced to remove the copied content, or takes reputational damage if the copying is obvious.

Compliance risk is often the bigger issue

A copied policy often includes tools, services, and data practices that do not match your website. That is a problem because many privacy laws require clear and accurate disclosure. If your policy is wrong, you can create exposure you did not intend.

• You might claim you collect data you do not collect.
• You might forget to disclose data you actually collect.
• You might list vendors and tools you do not use, or miss the ones you do.
• You might describe user rights or processes that you cannot actually support.

Better options than copying

Here are safer ways to get a solid privacy policy without stealing someone else’s content:

• Use a reputable privacy policy generator that builds the policy around your actual setup.
• Have a legal professional review it if you have higher risk data, ecommerce, or a larger audience.
• Update it regularly when you add tracking, forms, email marketing, new vendors, or new features.

How Think Digital TX can help

As a technical consultant, Think Digital TX can help you match your privacy policy to what your website is really doing. That includes reviewing your site setup, forms, analytics, tags, embedded tools, and third-party services so your policy is accurate.

Related reading

• Why copying a privacy policy is a bad idea, and what a real one should do
• Why a Written Information Security Program (WISP) is no longer optional

The bottom line

Copying someone else’s privacy policy can be illegal, and it can also put you at risk if the policy does not match your real data practices. The safer move is to create a policy that fits your website and keep it updated as your tools and processes change.