Yes, every country has different laws and regulations governing website privacy and consumer protection. However, there are some countries that have yet to adopt any privacy regulations.
Although there are different requirements under US and Australian law, a Privacy Policy can be made to satisfy the requirements of both countries. Australia is seen as having very strict privacy policy regulations in comparison to many other countries and in many instances, a strong privacy policy under Australian law will likely be valid and be regarded favourably by other countries with respect to privacy law and compliance with local regulation.
Despite this, if you have a website business which provides goods or services to other countries, you should be familiar with all aspects of the laws of other jurisdictions in relation to privacy regulations. To meet the requirements under US law, for example, and under the laws of other countries such as the UK, there will need to be some additions or amendments made to an Australian privacy policy statement. If these extra requirements are left out for a website that is selling goods and services in the US, a lack of compliant privacy policy with US requirements could cause problems for website owners who operate or sell products or services in the US and there are penalties and sanctions for such activity. In addition, the website could be shut down for non-compliance.
When comparing the requirements of Australia and the US, a key additional US requirement needed for a privacy policy valid under Australian law to comply with US law relates to the collection of information of children under 13 years of age. To meet the US privacy requirement, a website needs to ensure they will not collect information from children under 13 years. If the website is not targeted at children under 13 visiting or does not wish to have children viewing the site, the website the privacy policy must explicitly state this.
Australian regulations are stricter …
For a US website privacy to meet Australian privacy requirements, it is a bit more complex as Australian privacy laws are more detailed in their focus. Australian privacy regulations are quite strict on such detail as, for example, how websites collect, store and disclose personal information, focusing on website cookies. US law currently is not as strict as Australian law which means that if a US website wants to ensure their privacy policy is compliant with Australian standards, there are a number of additional requirements that need to be considered to meet Australian privacy regulations. In addition, Australian law has industry specific requirements that healthcare providers, financial services, medical, legal, credit providers and other specialised professionals must be aware of-all which need to be considered depending on the type of website you are choosing to set up.
In summary, with the differing requirements from country to country it is possible to have a policy that covers multiple jurisdictions. However, when considering the privacy policy to include on a website, the owner will need to ensure they are aware of unique and potentially unexpected features of the laws of each jurisdiction that they may be seen to provide services or products to, so that they ensure they have a compliant privacy policy.
