Privacy Notices under US Law: What Platforms Must Disclose in Terms of Use and Privacy Notices

Under US law, platforms are required to provide clear and comprehensive disclosures in their terms of use and privacy notices. These disclosures inform users about data collection practices, rights, and responsibilities. This article examines the key elements that platforms must include in these documents to comply with legal requirements.

Key Elements Required in Privacy Notices under US Law

Categories of Personal Information Collected

Platforms must specify the types of personal information they collect from users. This includes, but is not limited to, identifiers such as names, email addresses, and IP addresses. For example, under the California Consumer Privacy Act (CCPA), businesses are required to disclose the categories of personal information collected and the purposes for which the information will be used. citeturn0search5

Purposes for Data Collection

The purposes for which personal information is collected must be clearly stated. This includes explanations of how the data will be used, such as for providing services, personalizing user experience, or marketing. Transparency in this area helps users understand the rationale behind data collection practices.

Categories of Third Parties with Whom Data is Shared

Platforms must disclose the categories of third parties with whom personal information is shared. This includes service providers, business partners, and other entities that may have access to user data. Under the CCPA, businesses are required to disclose the categories of third parties to whom personal information is sold or shared. citeturn0search5

User Rights and Choices

Users must be informed of their rights regarding their personal information. This includes the right to access, delete, or opt out of the sale of their personal information. For instance, the CCPA grants California residents the right to request the deletion of their personal information and to opt out of the sale of their data. citeturn0search5

Data Retention Practices

Platforms should outline their data retention practices, specifying how long personal information will be retained and the criteria used to determine retention periods. This information helps users understand how long their data will be stored and the reasons for retention.

Security Measures

The privacy notice must describe the security measures in place to protect personal information. This includes technical, administrative, and physical safeguards designed to prevent unauthorized access, disclosure, alteration, or destruction of data. For example, platforms may implement encryption, access controls, and regular security audits to safeguard user data.

Changes to Privacy Practices

Platforms are required to inform users about how they will be notified of changes to privacy practices. This includes updates to the privacy notice and terms of use. Users should be provided with a mechanism to review and accept these changes.

Legal Framework Governing Privacy Notices under US Law

Kalifornian kuluttajansuojalaki (CCPA)

The CCPA, effective January 1, 2020, imposes specific requirements on businesses regarding the collection and sharing of personal information. It mandates that businesses disclose the categories of personal information collected, the purposes for which the information will be used, and the categories of third parties with whom the information will be shared. Additionally, the CCPA grants consumers the right to access, delete, and opt out of the sale of their personal information. citeturn0search5

California Online Privacy Protection Act (CalOPPA)

CalOPPA requires operators of commercial websites or online services that collect personal information from California residents to “conspicuously post” their privacy policy on their sites. The privacy policy must include details about the categories of personal information collected, the categories of third parties with whom the information is shared, and the process for users to review and request changes to their personal information. citeturn0search15

Federal Trade Commission (FTC) Regulations

The FTC enforces regulations related to privacy notices under the Gramm-Leach-Bliley Act (GLBA). These regulations require financial institutions to provide privacy notices that include information about the categories of nonpublic personal information collected, the categories of third parties with whom the information is shared, and the institution’s policies and practices regarding the protection of personal information. citeturn0search0

State-Specific Privacy Laws

In addition to federal and California laws, other states have enacted their own privacy laws with specific requirements for privacy notices. For example, the Virginia Consumer Data Protection Act (VCDPA) and the Colorado Privacy Act (CPA) impose obligations on businesses regarding the collection and use of personal data. These laws require businesses to disclose certain information in their privacy notices, including the categories of personal data collected, the purposes for which the data will be used, and the rights of consumers regarding their personal data. citeturn0search5

Best Practices for Drafting Compliant Privacy Notices under US Law

Use Plain Language

Legal jargon alienates users. Use clear, conversational language to explain data practices. This not only fulfills legal obligations but enhances user trust.

Make Notices Easy to Find

Privacy notices should be prominently displayed—ideally linked in the website footer and during key user interactions like sign-up and checkout.

Ensure Consistency Across Policies

Your privacy notice, terms of use, cookie policy, and internal documentation must all reflect the same data handling practices. Inconsistencies are a red flag for regulators and litigators alike.

Keep Records of User Consent

Whether it’s for marketing emails or accepting terms of service, platforms should maintain records of user consent. This can protect the company in the event of audits or disputes.

Revisit and Revise Frequently

Data practices evolve. So should privacy notices. Regular audits—especially after new product features or regulatory changes — are essential.

Conclusion: Privacy Notices under US Law Are Business Essentials

Privacy notices under US law are no longer optional or boilerplate. They are essential tools for legal compliance, user trust, and transparent platform operations. As legislation expands and enforcement grows more aggressive, platforms must ensure their disclosures are accurate, accessible, and aligned with broader privacy strategies.

From detailing what data is collected to outlining user rights and data-sharing practices, platforms need to treat privacy notices as living documents—updated frequently and crafted with care. Doing so not only avoids legal headaches but positions companies as trustworthy stewards of user information in an era where data is power.