How to Create a GDPR-Compliant Privacy Policy for Your Website

L
LegalBanner
··8 min read

Why You Need a Privacy Policy

Under GDPR, every website that processes personal data must have a clear, accessible privacy policy. This isn't optional — it's a legal requirement under Articles 13 and 14. Personal data includes names, emails, IP addresses, cookie identifiers, and any other information that can identify a person.

If your website has a contact form, newsletter signup, analytics, or any third-party script, you process personal data and you need a privacy policy.

What Your Privacy Policy Must Include

GDPR Article 13 specifies the minimum information you must disclose:

1. Identity and Contact Details

Who is the data controller? This is your company name, registered address, and contact email. If you have a Data Protection Officer (DPO), their contact details must be listed too.

2. What Data You Collect

List every category of personal data you collect: names, email addresses, IP addresses, browser data, location data, payment information, etc. Be specific — "personal data" alone is not enough.

3. Why You Collect It (Legal Basis)

For each type of data, state your legal basis under GDPR. The six lawful bases are: consent, contract performance, legal obligation, vital interests, public interest, and legitimate interest. Most websites rely on consent (for cookies/marketing) and contract performance (for service delivery).

4. Who You Share Data With

List categories of third parties who receive data: analytics providers (Google), email services (Mailchimp), payment processors (Stripe), advertising networks, hosting providers. If you transfer data outside the EU/EEA, state the safeguards in place (e.g., Standard Contractual Clauses).

5. How Long You Keep Data

Specify retention periods for each type of data. "As long as necessary" is not sufficient — give concrete timeframes. Example: "Account data is retained for the duration of your account and deleted within 30 days of account closure."

6. User Rights

Inform users of their rights: access, rectification, erasure, restriction, portability, objection, and the right to withdraw consent. Provide clear instructions on how to exercise these rights (email address, contact form, etc.).

7. Cookie Information

While many sites have a separate cookie policy, your privacy policy should at minimum reference your use of cookies and link to detailed cookie information.

Common Mistakes

  • Copy-pasting from another site — Every privacy policy must reflect your actual data practices. A generic template will contain inaccuracies that can be used against you.
  • Legal jargon — GDPR requires the policy to be written in "clear and plain language." If a regular person can't understand it, it's non-compliant.
  • Not updating after changes — If you add a new analytics tool or marketing platform, your privacy policy must be updated to reflect this.
  • Hiding it — The privacy policy must be easily accessible from every page (typically via a footer link). Users should be able to find it before submitting any personal data.

LegalBanner's Privacy Policy Generator

LegalBanner includes a privacy policy generator that creates a customised, GDPR-compliant document based on your actual website setup:

  • Automatically incorporates cookies and trackers detected by the scanner
  • Asks targeted questions about your data practices (contact forms, user accounts, payment processing)
  • Generates clear, plain-language text that meets GDPR requirements
  • Keeps the policy in sync when your cookie landscape changes
  • Available on Starter and Pro plans

No lawyer needed for a baseline-compliant privacy policy. For complex processing activities, we always recommend a legal review on top.

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