Does Your Business Need a Privacy Policy?

In today's digital world, data isn't just data; it's the currency of trust between you and your customers. How you handle personal information can make or break your reputation. But beyond just good practice, Australian law has specific rules about privacy and data breaches that can carry serious penalties if ignored.
So, how do you know if your business needs a privacy policy and a plan for when things go wrong? Let's break it down in plain English.
The Law of the Land: The Privacy Act and the APPs
The main piece of legislation governing privacy in Australia is the Privacy Act 1988. This Act includes the Australian Privacy Principles (APPs), which are the 13 golden rules for handling "personal information."
What's personal information? It's any information that can be used to identify a person. Think names, addresses, phone numbers, email addresses, bank details, photos, and even online identifiers like IP addresses.
The APPs set out your obligations for things like:
- How you collect and store personal information.
- Why you're allowed to use or share it.
- Keeping the information secure.
- Letting people access and correct their information.
These principles aren't just suggestions; they are legally binding for businesses covered by the Act.
Who Exactly Needs to Comply?
This is the crucial question. The Privacy Act applies to entities known as 'APP entities'. While this sounds like legal jargon, the definition is quite clear.
Your business must comply with the Privacy Act (and therefore needs a privacy policy) if it has an annual turnover of more than $3 million.
However, many smaller businesses are surprised to learn they aren't exempt. Your business is also required to comply, regardless of its turnover, if it:
- ✅ Provides a health service (e.g., medical centres, gyms, psychologists, physiotherapists).
- ✅ Buys or sells personal information as part of its business model (e.g., trading in mailing lists).
- ✅ Is a credit reporting body.
- ✅ Is a contracted service provider for a Commonwealth government contract.
- ✅ Is related to a larger business that is covered by the Act.
- ✅ Has chosen to "opt-in" to be covered by the Act.
As you can see, the net is wider than most people think. A huge number of small and medium-sized businesses, especially in the health and data-driven sectors, fall under these rules.
What Happens if There’s a Data Breach? The Notifiable Data Breaches (NDB) Scheme
For every business covered by the Privacy Act, the stakes were raised significantly with the introduction of the Notifiable Data Breaches (NDB) scheme.
This scheme mandates that if your business experiences a data breach that is likely to result in serious harm to any of the individuals whose information is involved, you must act swiftly. A data breach occurs when personal information is lost or subjected to unauthorised access or disclosure.
"Serious harm" can include physical, psychological, emotional, financial, or reputational harm.
If such a breach occurs, you are legally required to notify:
- The affected individuals.
- The Office of the Australian Information Commissioner (OAIC).
Failing to do so can result in significant financial penalties. This makes having a clear Data Breach Response Plan not just a good idea, but an essential part of your risk management strategy.
Beyond Compliance: Why a Good Privacy Policy is Great for Business
Even if the law doesn't strictly require you to have a privacy policy, having one is a smart business move. Here’s why:
- It Builds Customer Trust: In an age of data breaches, customers are more protective of their information than ever. A clear, transparent privacy policy shows that you are a professional and trustworthy business that takes its responsibilities seriously.
- It Manages Your Risk: The process of drafting a proper privacy policy forces you to critically examine how you handle data. This helps you identify and fix potential weaknesses in your processes before a costly data breach occurs.
- It's a Business Prerequisite: Many third-party platforms, like the Apple App Store or Google Play Store, require you to have a privacy policy. Similarly, potential business partners or investors will see it as a sign of a well-managed and legally sound operation.
- It Sets Clear Expectations: A policy clearly tells your customers what information you collect and why, preventing misunderstandings and disputes down the line.
Best Practices for Handling Personal Information
A policy document is only as good as the practices behind it. To truly protect your business and your customers, embed these best practices into your daily operations:
- Collect Only What You Need (Data Minimisation): Don't ask for a customer's date of birth if you only need their email for a newsletter. The less data you hold, the lower your risk.
- Use It Only for Its Intended Purpose: If you collected an email for shipping notifications, don't automatically add it to your marketing list without consent.
- Prioritise Security: Implement reasonable security measures. This includes using strong passwords, enabling two-factor authentication, restricting staff access to data, and ensuring physical files are secure.
- Train Your Team: Your staff are your first line of defence.13 Ensure they understand your privacy policy and the importance of data security.
- Don't Keep Data Forever: When you no longer have a valid legal or business reason to keep personal information, securely destroy or de-identify it.
- Have a Response Plan: Know exactly what steps to take if a data breach occurs. Who is in charge? How will you assess the harm? Who do you need to notify?
What Should a Privacy Policy Include?
Under the APPs, a compliant privacy policy must be easy to understand and should clearly explain:
- The types of personal information you collect and hold.
- How you collect and store that information (e.g., through a website form, in a secure database).
- The purposes for which you use and disclose the information.
- How individuals can access and correct their information.
- How someone can make a complaint if they believe you've breached their privacy, and how you'll handle it.
- If you're likely to disclose information to overseas recipients and, if so, in which countries.
A generic template you copied from the internet probably won't cut it. Your policy must accurately reflect the actual data practices of your specific business. A mismatched policy isn't just non-compliant; it can create legal liabilities by making promises you don't keep.
Don't Leave Your Business Exposed
Navigating privacy law and the threat of data breaches can be complex, but getting it right is fundamental to protecting your business and building lasting relationships with your customers. A tailored, legally sound privacy policy and a clear data breach response plan are your most important lines of defence.
If you're unsure about your obligations or need a privacy policy that's built specifically for your business operations, we can help.
Contact our team of expert commercial lawyers today for a consultation and ensure your business is protected.

Senior Solicitor
Email: kristen@hntlegal.com.au
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