Drafting a Privacy Policy isn’t exactly a thrilling task. Most web designers and business owners would rather avoid it if they could. The good news is that it might actually be possible. The bad news is that skipping it is becoming riskier as privacy laws tighten and online users become more aware of their rights.
So, what exactly is a Privacy Policy, and how can you determine whether your website needs one (or doesn’t… maybe)?
NOTE
Please note this is not legal advice. Checking with a privacy attorney is always your best option.
Table of Contents
What Is a Privacy Policy?
If you’ve spent enough time browsing websites, you’ve probably come face-to-face (or face-to-hyperlink) with a Privacy Policy. But what exactly are you looking at?
A Privacy Policy is a document that lays out how a website handles user information. It explains what Personally Identifiable Information (we’ll just call this “data” from here on) is collected, how it’s used, and who it might be shared with. It also outlines how users can manage their privacy rights, like requesting access to their data or opting out of certain types of tracking.
In short, it’s the fine print that informs visitors about what happens to their information behind the scenes.
Does My Website Need a Privacy Policy?
Most modern websites do need a Privacy Policy. However, what that policy includes can vary widely depending on the site. That said, there’s still a small chance your website might not need one. So, how can you know for sure?
One option is to consult a privacy attorney. They can assess your business and website, determine which laws apply, draft a compliant policy, keep it updated as regulations evolve, and provide legal guidance along the way. Of course, that level of service comes at a cost – one that many website owners find hard to justify.
That’s where plan B comes in. Keep reading as we walk you through the key questions to help you determine whether your WordPress website needs a Privacy Policy – and, if so, how to get one without breaking the bank.
Question 1: Does my website collect data?
Privacy laws are designed to protect people’s data, not your business or website. So, the first question should be, “Am I collecting and sharing users’ data?”
Let’s quickly clear the air here. Sharing data is not the same as selling data. Sharing data is extremely common and very useful for businesses in the modern world. Selling data isn’t common.
So, when we say that your website is likely sharing people’s data, that doesn’t mean you’re doing anything wrong. In fact, it usually means you’re running your business in an efficient and customer-friendly manner – you just have to be transparent about it via a Privacy Policy.
WordPress websites often collect data via:
- Contact Us forms (names, email addresses, phone numbers);
- newsletter subscriptions (names, email addresses);
- analytics data (IP addresses);
- pixels for digital ads (IP addresses);
- eCommerce payments (names, addresses, email addresses, phone numbers, payment information);
- registration forms (names, email addresses, payment information).
In terms of sharing data with third parties, that’s commonly done by:
- Contact Us forms (might share email addresses with third-party automated email providers to let people know the form was received);
- Google Maps embeds (shares IP addresses with Google);
- analytics tools (shares IP addresses with Google Analytics, for example);
- video embeds (shares people’s IP addresses with YouTube or Vimeo);
- newsletters (shares email addresses with MailChimp, Active Campaign, etc.).
If any of these tools look familiar, there is a good chance that your website is collecting or sharing data. This means that there is a good chance that there’s a privacy law – designed to protect that data – that will require you to have a Privacy Policy with certain disclosures (each law requires different disclosures).
Question 2: Do any privacy laws apply to my website?
If your website collects data, it becomes more likely that you need a Privacy Policy, but there is still a chance that no privacy laws apply to you. This is also where things can get tricky for a website owner.
Over two dozen privacy laws worldwide require websites to have a Privacy Policy. As mentioned before, privacy laws are designed to protect people, not businesses. This means that even if your business isn’t located in a particular state or country, you may still be subject to its privacy laws if you collect or share data from its residents.
The majority of privacy laws that require websites to have a Privacy Policy only apply to big businesses and websites that collect the data of hundreds of thousands of residents from a certain area. That being said, there are nine privacy laws that apply to even small businesses. Some laws even apply to nonprofits as well.
Collecting data from just one person (especially if the person is in Canada or California) could mean that even a small, mom-and-pop website must comply with several different privacy laws.
If this sounds like you, you need to ask yourself the following questions:
- Whose personal information am I collecting?
- Where are my customers located?
- To whom do I offer goods or services?
- Who do I track through online tools such as Google Analytics?
If you have a smaller website that only collects the data of residents in your state, and your state doesn’t have a privacy law yet, you may still have to comply with other privacy laws. For example, if you have a newsletter that’s directed toward residents of South Carolina (no privacy law yet). Unless you Geo-fence your website, there’s nothing stopping someone from California from finding your website and subscribing to your newsletter as well.
Plus, laws are constantly being created. In 2025 alone, eight new states have a privacy law going into effect. So, website owners need to keep an eye out for upcoming new privacy laws and changes to existing ones.
Question 3: How do I get a Privacy Policy?
Before we get into ways websites should get a Privacy Policy, let’s quickly cover the things to avoid:
Copy and paste
Do not copy and paste your policies from a close competitor. This isn’t just a bad practice; it could lead to copyright infringement and legal trouble. Plus, a Privacy Policy is a legal document tailored to a specific business. Think of it like your sibling: you may look alike, act similarly, and share the same roots, but copying your sibling’s tax documents probably won’t end well.
Free templates
Free templates don’t work. Privacy laws require specific disclosures based on how your business operates, what data you collect, and where your users are located. A generic template won’t cover these details properly. Some so-called “free” generators also lure you in, only to hit you with surprise charges along the way.
AI-generated policies
If you ask AI if you should use AI to create a Privacy Policy, it will tell you no. While AI can get somewhat close if you provide precise details about your business practices, data collection, and software use – most business owners (who aren’t lawyers) don’t know privacy laws well enough to ensure compliance. Plus, AI won’t update your policies when laws change.
Now that those are out of the way, here are the two best options for website owners who want to create a Privacy Policy.
Privacy attorney
This is the third mention of an attorney, but it is the best option for website owners who can afford to have an attorney on staff to create, manage, and update website policies. After all, only an attorney can offer you legal advice throughout the process.
Privacy policy generator
For most websites, a good Privacy Policy generator can do the job. However, not all Privacy Policy generators are created equal. Be sure to find one that:
- is affordable with up-front pricing (no add-ons as you go);
- has a privacy attorney on staff;
- auto-updates your policies as laws change or new ones go into effect;
- starts off by helping you determine which privacy laws apply to you.
If you need a starting point, we recommend Termageddon’s Privacy Policy Generator, but there are certainly other options available.
FAQ
Personal data refers to any information that can directly or indirectly identify an individual, including names, email addresses, IP addresses, location data, phone numbers, usernames, and certain types of cookies. It also encompasses details related to a person’s physical, physiological, genetic, mental, economic, cultural, or social identity.
Although WordPress has its own privacy policy, you are still responsible for disclosing how you use the data collected through your website. You will likely need a separate privacy policy that addresses your specific practices, even if you are using the WordPress platform.
You risk legal penalties, fines, and damage to your reputation. It’s crucial to have a privacy policy to protect yourself and your visitors.
You should review and update your privacy policy whenever you make changes to your data collection or processing practices or when privacy laws change. Regularly reviewing your policy is a good practice.
Conclusion
Privacy Policies are designed to help website users gain more transparency and control over their data. While this is a good thing, it’s reasonable for website owners to feel intimidated by them.
Hopefully, this guide has helped you determine whether your website needs a Privacy Policy and how to obtain one that fits your business. Taking the right steps now can prevent legal headaches later.
Thanks for reading!
