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Is Australian & UK Website Privacy Law Different?

Yes, Australian and UK privacy law is different. The requirements are similar in both countries but there are some differences that websites will need to be aware of to ensure compliance. The good news is that it is possible to amend your Australian Website Privacy Policy so it is in compliance with the requirements of both the UK and Australian jurisdictions.

May 2018 – New GDPR Legislation in UK and EU

New privacy legislation – The General Data Protection Regulation (GDPR) – came into effect in May 2018. This affects all businesses who collect personal information from UK and EU citizens. If you are an Australian business engaged in email marketing to UK and EU customers, then you need to comply with the new regulations.

For more information read our guide: How to Comply with GDPR.

Recently, following an EU directive, amendments were made the UK Privacy and Electronic Communications Regulations which came into force in May 2011. The most significant aspect of these UK amendments is that website users and visitors must expressly agree to accepting cookies that give any and all website information from a user or visitor. Prior to this, any information collected, even things as minor as visitor sites that were viewed or visited and collected for the purposes of advertising relevant or related adverts to subject topics they viewed, was exempt from this active requirement. This new regulation now means that any type of ‘cookie’ which may collect this or any type of visitor information must be actively and positively agreed to by the visitor to the site prior to viewing or access to the website.

This is seen as a very strict and uncommercial policy in comparison to other countries. It is viewed as a barrier and obstacle which will inhibit and stop people from viewing UK websites. Visitors may choose to go to other websites in other countries, such as the US, which do not have this requirement.

Currently in Australia a privacy policy must tell users of websites how information is collected and its purpose (which is stricter than other jurisdictions such as the US) but does not require active agreement for cookies which monitor such things as advertising directional material unlike the UK.

Other UK considerations …

Aside from this major change with visitors and user to sites having to explicitly accept cookies and storage of their information in the UK, there are a number of other modifications Australian websites will need to make in order to ensure that their policies are UK compliant. This includes notifying visitors that their IP addresses, in addition to other information from visitors may be taken and stored.

Although both the UK and Australia generally have similar privacy laws, one should never assume that just because a site complies with a privacy policy in one country that it will also comply with another. Every jurisdiction may be slightly different and may include unexpected or new requirements as website privacy laws are seemingly and constantly changing and being updated.

In addition to new requirements, it is likely that laws may change on a regular basis, as they recently have in the UK and may result in modifications needing to be made to an existing privacy policy. By modifying an existing privacy policy to make it fit the requirements of another jurisdiction will not necessarily void the policy in the home jurisdiction, but rather make it more comprehensive-generally speaking, the stricter the privacy policy compliance, the more likely it will meet local requirements.

We’ve combined all the legal notices you’ll need to set up your online business (Privacy Policy, Disclaimers and Terms & Conditions) into one easy package:

Website Legal Package »

Published on 9 April 2012 Filed under Website Privacy Policy

About Vanessa Emilio

Vanessa Emilio (BA Hons, LLB, ACIS, AGIA) is the Founder and CEO of Legal123.com.au and Practice Director of Legal123 Pty Ltd. Vanessa is a qualified Australian lawyer with more than 20 years experience in corporate, banking and trust law. Follow this link to read the full bio of Vanessa Emilio.

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Free ‘How To’ Guides

Do I Need a Will?
How to Avoid Copyright Infringement
How to Choose the Right Business Structure
How to Comply with GDPR
How to Develop an App
How to Divorce in Australia
How to Hire an Independent Contractor
How to Manage a Holiday Rental Property
How to Run an Online Forum
How to Set Up an App Business
How to Set Up an Online Business
How to Trademark Your Business Name
How to Write a Confidentiality Agreement
How to Write a Letter of Demand
How to Write a Power of Attorney
How to Write a Privacy Policy
How to Write a Shareholder Agreement
How to Write Terms and Conditions
How to Write a Will in Australia
Legal Guide for Bloggers
Legal Guide for Consultants
Legal Guide for Copywriters
Legal Guide for Graphic Designers
Legal Guide for Life Coaches and Mentors
Legal Guide for Personal Trainers
Legal Guide for Photographers
Legal Guide for Property Managers
Legal Guide for Social Media Marketers
Legal Guide for Web Developers
Legal Guide to Coronavirus (COVID-19)
What Legals Do I Need for My Website?

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