Reading time: 3 minutes

If the Privacy Act 1988 (the Act) applies to your business, you must have a Privacy Policy. If you fail to comply, you face fines of up to $1.7 million for companies, or $340,000 for entities that are not companies (including individuals) for serious or repeated breaches of the Act.

A Privacy Policy states how your business will collect and deal with personal information. The Australian Privacy Principles (APPs) contained within the Act require your Privacy Policy to contain, amongst other things, how you will use and disclose the personal information that your business collects.

How do I draft the ‘disclosure of personal information’ clause?

Now that your customers know that you are collecting their personal information, the next thing they probably want to know is what you will be doing with that personal information and to whom it will be disclosed.

In your Privacy Policy, you need to have a well-drafted ‘disclosure of personal information’ clause, which sets out the circumstances in which you will disclose the personal information of a customer. You may simply be disclosing personal information to a third party service provider so that you can provide the necessary products and services to the customer, but regardless of how obvious it may be, it should be disclosed to the customer.

Other parties to which your business may disclose personal information may include any of the following:

  • Credit reporting agencies and courts;
  • Tribunals, regulatory authorities where customers fail to pay for goods or services provided to them; and
  • Courts, tribunals and law enforcement officers as required by law, in connection with any actual or prospective legal proceedings, or in order to establish, exercise or defend your legal rights.

You may also wish to have a contract lawyer include a clause that sets out what will happen if, and when, your business is sold. If your customer database will also be sold, then you are disclosing the personal information of all of your customers to another individual or entity, and this should be clearly stated in your Privacy Policy. Even if you plan on drafting a Privacy Policy yourself, it is certainly worth having a contract lawyer review this to ensure you are compliant.

Conclusion

It is important that your business has a Privacy Policy that is compliant with the Act, which means that your Privacy Policy must address the circumstances in which a customer’s personal information may be disclosed.

Having a Privacy Policy is good business practice and highly recommended for any business that collects personal information.

At LegalVision we provide a compliant free website Privacy Policy.

However, if this is too simple, and you believe that your business requires a more detailed Privacy Policy, one of our lawyers would be happy to provide you with a review and prepare a Privacy Policy that is tailored to your business.

Webinars

Redundancies and Restructuring: Understanding Your Employer Obligations

Thursday 7 July | 11:00 - 11:45am

Online
If you plan on making a role redundant, it is crucial that you understand your employer obligations. Our free webinar will explain.
Register Now

How to Sponsor Foreign Workers For Your Tech Business

Wednesday 13 July | 11:00 - 11:45am

Online
Need web3 talent for your tech business? Consider sponsoring workers from overseas. Join our free webinar to learn more.
Register Now

Advertising 101: Social Media, Influencers and the Law

Thursday 21 July | 11:00 - 11:45am

Online
Learn how to promote your business on social media without breaking the law. Register for our free webinar today.
Register Now

Structuring for Certainty in Uncertain Times

Tuesday 26 July | 12:00 - 12:45pm

Online
Learn how to structure to weather storm and ensure you can take advantage of the “green shoots” opportunities arising on the other side of a recession.
Register Now

Playing for the Prize: How to Run Trade Promotions

Thursday 28 July | 11:00 - 11:45am

Online
Running a promotion with a prize? Your business has specific trade promotion obligations. Join our free webinar to learn more.
Register Now

Web3 Essentials: Understanding SAFT Agreements

Tuesday 2 August | 11:00 - 11:45am

Online
Learn how SAFT Agreements can help your Web3 business when raising capital. Register today for our free webinar.
Register Now

Understanding Your Annual Franchise Update Obligations

Wednesday 3 August | 11:00 - 11:45am

Online
Franchisors must meet annual reporting obligations each October. Understand your legal requirements by registering for our free webinar today.
Register Now

Legal Essentials for Product Manufacturers

Thursday 11 August | 11:00 - 11:45am

Online
As a product manufacturer, do you know your legal obligations if there is a product recall? Join our free webinar to learn more.
Register Now

About LegalVision: LegalVision is a commercial law firm that provides businesses with affordable and ongoing legal assistance through our industry-first membership.

By becoming a member, you'll have an experienced legal team ready to answer your questions, draft and review your contracts, and resolve your disputes. All the legal assistance your business needs, for a low monthly fee.

Learn more about our membership

Need Legal Help? Submit an Enquiry

If you would like to get in touch with our team and learn more about how our membership can help your business, fill out the form below.

Our Awards

  • 2020 Innovation Award 2020 Excellence in Technology & Innovation Finalist – Australasian Law Awards
  • 2020 Employer of Choice Award 2020 Employer of Choice Winner – Australasian Lawyer
  • 2020 Financial Times Award 2021 Fastest Growing Law Firm - Financial Times APAC 500
  • 2020 AFR Fast 100 List - Australian Financial Review
  • 2021 Law Firm of the Year Award 2021 Law Firm of the Year - Australasian Law Awards
  • 2022 Law Firm of the Year Winner 2022 Law Firm of the Year - Australasian Law Awards