Australia Versus GDPR Privacy Policy: Which One Should I Use?

Table of Contents

Share at:

Australian businesses more often than not will need to have a privacy policy on their website. However, there are circumstances where your privacy policy will also need to be compliant with the General Data Protection Regulation (GDPR). The GDPR is a set of regulations protecting individuals in the EU. On the other hand, the Privacy Act (1988) protects individuals inside Australia.

In this article, we’ll outline the differences between GDPR and Australian privacy policies.

GDPR Privacy Policy

The GDPR requires that all businesses operating in the EU have a privacy policy on their website. This policy informs your users how you will handle their data. Further, some key provisions in the GDPR are:

  • The definition of personal data as being data that relates to the identification of a person in the EU
  • Your privacy policy must be in clear and accessible language
  • You must advise users how you will process their data
  • You need to also inform users of their rights. These include being informed, access, rectification, erasure, restricted processing, data portability and objection

Australian businesses will need to have a GDPR privacy policy on their website if they:

  • Have operations in the EU
  • Service customers who are citizens of EU countries

Privacy Act 1988 (Cth)

The Privacy Act 1988 (Cth) regulates the handling of information by government agencies and businesses which have a turnover of more than $3 million per year. Further, privacy requirements are based on the 13 Australian Privacy Principles (APPs) that deal with the collection and handling of personal information.

Section 6 of the Privacy Act 1988 (Cth) defines personal information as being:

  • Information or an opinion that relates to an identifiable or reasonably identifiable person

In Australia, consent by individuals through the processing of their information can also be either implied or expressed.

Australian Privacy Law v GDPR

Australian privacy law and the GDPR cover a similar scope, but are different in their requirements. All EU businesses are required to have a GDPR-compliant privacy policy, however not all Australian businesses are under the Privacy Act. If your business does not have operations in the EU or provide goods or services to individuals in the EU, your privacy policy will not need to be GDPR compliant.

It’s important to ensure that you comply with privacy laws which apply to your business and heavy fines can apply for non-compliance. If you’re unsure as to which type of policy you should have on your website, it may also be wise to contact a privacy lawyer.

Don’t know where to start? Contact us on 1800 529 728 to learn more about customising legal documents and obtaining a fixed-fee quote from Australia’s largest lawyer marketplace.

Share at:

Simplify creating legal documents today

Browse through Lawpath's AI tools which can be used to draft, review and refine legal documents today!

Related Articles

Red food truck with its serving hatch open

How to Start a Food Truck Business in Australia: Licences, Permits and Costs

Starting a food truck business in Australia means getting the right registrations, state and council licences, and enough capital to cover setup.
Small business owner packing handmade products into boxes

TM vs ® Symbol: When You Can Use Each in Australia

Use TM on any mark you are claiming. The ® symbol is only for marks registered with IP Australia, and using it too early can be an offence.

9 Virtual Office Benefits To Know (Before You Dismiss the Idea)

On the fence about getting a virtual office for your business? Here are 9 virtual office benefits that will change your mind.

Understanding Document Retention Legal Requirements

In some instances, the law requires you to retain documents and data. In others, it requires you to destroy them. Read this article to find out about document retention requirements, relevant periods, and commercial best practice.

Should You Use A Mutual or One-Way NDA? (2027 Update)

As a business owner, it's important to protect your confidential information in every context. Find out the difference between one way and mutual NDAs here.

Property Ownership: How Far Do Your Land Rights Reach?

Struck gold? Photographed from above? What does the law say about your rights to the surface, airspace and soil below your land? Read this to find out more.