August 2021
Liability trap web presence: Take care of your content!
The first contact between your customers and you does not always take place personally. Most interested parties get information about you and your offerings via your website and social media channels. But not only customers, also competitors or even supervisory authorities can use your online presence. So it's super important that you don't make any mistakes here.
Our Expert tip # 1 is therefore: bring yours Privacy policy to the current status (or if you don't have one yet, create one)! It is now clear that violations of the General Data Protection Regulation (GDPR for short) can also be warned. And that can get really expensive. Therefore, you should first analyze your website and identify all processes that potentially process personal data. This includes, for example, cookies necessary to operate the website, forms and input masks, tools such as YouTube or Google Maps and, of course, above all, the popular tracking tools.
In a further step, each processing process has to be described individually
- for what purpose and on what legal basis you process the personal data (i.e. why you collect, store, use, transmit, ...) and, if applicable, what your legitimate interests are (for processing according to Art. 6 GDPR)
- whether the provision of this personal data is required by law or by contract and
- how long your personal data will be kept or stored.
In addition, further information must of course be provided in your data protection declaration. We have given you a brief overview of everything here.
- Who is responsible for data processing? (Presumably your company, represented by you)
- Have you appointed a data protection officer and how can he be reached?
- Information about the recipients of the personal data (to which departments are these passed on? Regulatory bodies, such as the tax office, may also be considered)
- Is there a transfer to a third country (e.g. to the USA)?
- Information on the rights of the data subject and the right to complain
You can of course read all of this in Art. 13 GDPR (Duty to provide information when collecting personal data from the data subject).
We have made available to you on our website which other legal requirements you should consider when designing your website and your social media channels. Shape your future securely!
More information for founders can be found here.
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And if you have any further questions, please do not hesitate to contact us. Just write an email to contact@morgenstern-legal.com.
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