Free Data Protection Policy Builder

1. Purpose

This policy establishes requirements for the lawful, fair, and transparent processing of personal information (also called personal data or personally identifiable information - PII). The goal is to protect data subject privacy rights, comply with data protection regulations (GDPR, CCPA, LGPD, etc.), ensure proper consent management, implement data retention and deletion procedures, and meet SOC 2 compliance requirements for privacy controls.

2. Scope

Applies to all personal information collected, processed, stored, transmitted, or disclosed by the organization, including customer data, employee data, and third-party personal information. Covers all information systems, applications, databases, cloud services, and third-party processors handling personal information. Includes processing performed on behalf of customers (processor role) and processing for the organization's own purposes (controller role).

3. Roles and Responsibilities

• Chief Privacy Officer (CPO) – owns this policy, oversees privacy program, ensures compliance with privacy regulations
• Data Protection Officer (DPO) – monitors privacy compliance, provides guidance on privacy obligations, serves as contact for supervisory authorities
• Privacy Team – manages data subject requests, maintains processing records, conducts privacy impact assessments
• Legal Team – reviews privacy notices, data processing agreements, ensures regulatory compliance
• Product Teams – implements privacy-by-design, ensures new features comply with privacy requirements
• Security Team – implements technical controls to protect personal information, investigates privacy incidents
• Compliance Team – audits privacy controls, collects evidence for compliance certifications
• All Employees – process personal information only for authorized purposes, report privacy concerns

4. Core Principles

• Lawfulness and transparency – process personal information lawfully with valid legal basis and provide clear notice
• Purpose limitation – collect personal information for specified, explicit, and legitimate purposes only
• Data minimization – limit collection to what is adequate, relevant, and necessary for the purpose
• Accuracy – ensure personal information is accurate, complete, and kept up to date
• Storage limitation – retain personal information only as long as necessary for the stated purpose
• Integrity and confidentiality – protect personal information with appropriate security measures
• Accountability – demonstrate compliance with privacy principles through documentation and evidence

5. Identification of Personal Information Processing

Categories of Personal Information (PII)

Organization identifies and documents the following categories of personal information processed:

• Identity Data: Name, username, date of birth, government ID number, driver's license, passport number
• Contact Data: Email address, phone number, physical address, mailing address
• Account Data: Account ID, login credentials, password hash, security questions, authentication tokens
• Financial Data: Credit card number, bank account details, payment information, billing address
• Transaction Data: Purchase history, order details, invoices, payment receipts
• Technical Data: IP address, browser type, device ID, operating system, geolocation data, cookies
• Usage Data: Page views, click patterns, feature usage, session duration, search queries
• Communication Data: Email correspondence, chat messages, support tickets, call recordings
• Profile Data: Job title, company name, industry, preferences, interests, survey responses
• Sensitive PII: Health information, biometric data, financial account credentials, social security numbers

Processing Activities and Purposes

Organization maintains a Record of Processing Activities documenting:

• Specific purposes for which PII will be processed (account management, service delivery, support, analytics, marketing)
• Categories of data subjects (customers, employees, website visitors, contractors)
• Categories of personal information processed for each purpose
• Categories of recipients with whom personal information is shared (service providers, business partners, authorities)
• International transfers of personal information and safeguards applied
• Retention periods for different categories of personal information
• Technical and organizational security measures implemented

6. Lawful Basis for Processing Personal Information

Organization processes personal information only when a valid lawful basis exists under applicable privacy law (GDPR Article 6, CCPA, etc.):

Lawful Bases for Processing

• Consent: Data subject has given clear, informed, and freely given consent for specific processing purposes
• Contract Performance: Processing is necessary to fulfill a contract with the data subject or take pre-contractual steps
• Legal Obligation: Processing is required to comply with legal or regulatory obligations
• Vital Interests: Processing is necessary to protect life or physical safety of the data subject or another person
• Public Interest: Processing is necessary for a task carried out in the public interest or in exercise of official authority
• Legitimate Interests: Processing is necessary for legitimate interests pursued by the organization (except where overridden by data subject rights and freedoms)

Documentation of Lawful Basis

For each processing activity, Organization documents:

• The lawful basis relied upon for processing
• Business justification and necessity of processing
• Assessment of data subject impact (for legitimate interest basis)
• Consent records (for consent-based processing)
• Evidence of legal or contractual obligation (where applicable)

7. Consent Management

Obtaining Valid Consent

When consent is the lawful basis for processing PII, Organization ensures consent meets regulatory requirements:

• Freely Given: Consent is voluntary without coercion; refusal does not result in detriment (unless processing is necessary for service)
• Specific: Consent is obtained for each distinct purpose; blanket consent for multiple purposes is not used
• Informed: Data subjects are informed of identity of controller, purposes of processing, types of data collected, right to withdraw consent
• Unambiguous: Consent requires clear affirmative action (opt-in checkbox, click "I agree"); pre-ticked boxes and silence are not valid consent
• Granular: Separate consent options provided for different processing purposes (e.g., separate consent for marketing emails vs. product updates)
• Documented: Organization can demonstrate and record if, when, and how consent was obtained from data subjects

Consent Records

Organization maintains records of consent demonstrating:

• Who gave consent (user ID, email address, name)
• When consent was given (timestamp)
• What information was provided to the data subject at the time of consent
• How consent was obtained (opt-in checkbox, acceptance of terms, API call, signed form)
• Whether consent is still valid or has been withdrawn

Withdrawing Consent

Organization establishes a process to remove consent at the data subject's request:

• Withdrawal mechanism is as easy as giving consent (e.g., unsubscribe link, account settings, contact form)
• Withdrawal of consent does not affect lawfulness of processing performed before withdrawal
• Data subject is informed of right to withdraw consent in privacy notice
• Processing stops promptly after consent withdrawal (except where another lawful basis applies)
• Consent withdrawal is logged with timestamp and user identity

8. Data Subject Rights and Obligations

Organization determines and documents legal, regulatory, and business obligations to data subjects regarding PII processing:

Right of Access (Subject Access Request)

Organization maintains documented policies and mechanisms for data subjects to access their PII:

• Provide copy of personal information in commonly used electronic format (PDF, CSV, JSON)
• Include information about processing purposes, categories of data, recipients, retention period
• Respond within 30 days (GDPR) or 45 days (CCPA) of verified request
• First copy provided free of charge; reasonable fee may be charged for additional copies
• Verify identity of requestor before providing access to PII

Right to Rectification (Correction)

Data subjects may request correction of inaccurate or incomplete personal information:

• Verify identity of requestor before making corrections
• Correct inaccurate personal information without undue delay
• Complete incomplete personal information by providing supplementary statement
• Notify third parties to whom data was disclosed of the rectification (where feasible)
• Maintain audit trail of corrections made

Right to Erasure (Disposal)

Data subjects may request deletion of personal information when:

• Personal information no longer necessary for the purpose it was collected
• Consent is withdrawn and no other lawful basis exists
• Data subject objects to processing and no overriding legitimate grounds exist
• Personal information was unlawfully processed
• Erasure is required to comply with legal obligation

Exceptions to erasure (data may be retained when):

• Processing is necessary for compliance with legal obligation
• Processing is necessary for establishment, exercise, or defense of legal claims
• Processing is necessary for archiving purposes in the public interest, scientific/historical research

Right to Restriction of Processing

Data subjects may request restriction (temporary suspension) of processing when:

• Accuracy of personal information is contested (restrict while accuracy is verified)
• Processing is unlawful but data subject opposes erasure and requests restriction instead
• Organization no longer needs personal information but data subject needs it for legal claims
• Data subject objected to processing (restrict while objection is assessed)

Right to Object

Data subjects may object to processing based on legitimate interests or for direct marketing:

• Direct Marketing: Absolute right to object; processing must stop immediately upon objection
• Legitimate Interest Processing: Organization must demonstrate compelling legitimate grounds that override data subject interests
• Automated Decisions: Right to object to automated decision-making with legal or significant effects

Data Subject Request Process

Organization establishes documented processes for handling data subject requests:

• Request submission via web form, email (privacy@company.com), or postal mail
• Identity verification before fulfilling request (match email, account credentials, government ID for sensitive requests)
• Acknowledge request within 5 business days
• Respond substantively within 30 days (GDPR) or 45 days (CCPA), with extension if request is complex
• Provide requested information or explain reason for refusal
• Track all requests in privacy request management system
• Maintain records of requests, actions taken, and completion dates

9. Data Minimization and Purpose Limitation

Data Minimization Requirements

Organization limits collection and processing of PII to the minimum adequate, relevant, proportional, and necessary for the identified purposes:

• Identify minimum data elements required to achieve processing purpose
• Remove optional form fields that collect unnecessary personal information
• Implement progressive profiling (collect additional data over time rather than all at once)
• Anonymize or pseudonymize personal information where full identification is not necessary
• Aggregate personal information for analytics and reporting where individual-level data is not required

De-identification Methods

Organization defines and documents data minimization objectives and methods:

• De-identification: Removal or modification of identifiers to prevent re-identification
• Pseudonymization: Replacement of identifiers with pseudonyms such that additional information is required to re-identify data subject (e.g., tokenization, hashing)
• Anonymization: Irreversible removal of identifiers such that data subject can no longer be identified (e.g., aggregation, data masking, generalization)
• Pseudonymization keys and mapping tables stored separately from pseudonymized data with restricted access
• Anonymized data is no longer considered personal information and is exempt from privacy regulations

Purpose Limitation

Personal information collected for one purpose is not used for a different, incompatible purpose without obtaining new consent:

• Document specific purpose for each data collection
• Evaluate compatibility of new purpose with original purpose before secondary use
• Obtain new consent or establish new lawful basis before using data for incompatible purpose
• Implement technical controls to prevent unauthorized secondary use (access controls, data segregation)

10. Data Retention and Deletion

Retention Requirements

Organization does not retain PII longer than necessary for its processing purposes. Retention periods are defined based on business need, legal obligation, and regulatory requirements:

• Customer Account Data: Retained for duration of customer relationship plus 7 years for tax/accounting purposes
• Transaction Records: Retained for 7 years to comply with tax, accounting, and financial regulations
• Marketing Consent Records: Retained for 3 years after consent withdrawal or account closure for compliance evidence
• Support Tickets and Communications: Retained for 3 years after ticket closure for quality assurance and dispute resolution
• Application Logs Containing PII: Retained for 90 days in hot storage, 1 year in cold storage
• Employee HR Records: Retained for duration of employment plus 7 years after termination for legal compliance
• Backup Copies: Personal information in backups deleted within 90 days of primary deletion

Customer Data Retention and Deletion

Organization purges or archives data according to customer requests or legal and regulatory mandates:

• Process defined, documented, and communicated for requesting deletion or archival of personal information
• On customer's request or as per legal/regulatory mandates, personal information is deleted/archived as per policy
• Automated deletion workflows trigger when retention period expires
• Manual review of deletion requests to identify exceptions (legal hold, ongoing litigation)

Secure Deletion Procedures

Organization deletes PII or renders it non-identifiable once it is no longer necessary for identified purposes:

• Deletion includes all copies of personal information (production, backups, archives, logs, temporary files)
• Database records containing personal information are permanently deleted (not just marked as deleted)
• File systems and object storage containing personal information are securely erased
• Physical media containing personal information is destroyed with certificate of destruction
• Third-party processors notified of deletion requirement and confirmation of deletion obtained
• Deletion logged with timestamp, user identity, and scope of deletion

Legal Hold and Exceptions

Personal information subject to legal hold or litigation is exempt from automatic deletion:

• Legal team identifies personal information subject to legal hold or preservation requirement
• Personal information marked with legal hold flag to prevent automatic deletion
• Legal hold released and deletion performed when legal matter concludes
• Data subject informed if deletion request cannot be fulfilled due to legal obligation

11. Data Accuracy

Organization documents and validates that PII is accurate, complete, and up-to-date as necessary throughout its life cycle:

• Collect personal information directly from data subject where possible to ensure accuracy
• Validate email addresses, phone numbers, and postal addresses at point of collection
• Provide self-service account settings for data subjects to update their own personal information
• Prompt users to review and update profile information periodically
• Investigate and correct inaccurate personal information upon notification from data subject
• Implement data quality checks and validation rules for critical personal information fields
• Notify third parties of corrections made to personal information shared with them

12. Secure Transmission of Personal Information

PII transmitted over a data-transmission network is subject to controls ensuring it reaches the intended destination:

• Encrypt PII transmitted over public networks using TLS 1.2 or higher
• Use valid digital certificates for all endpoints transmitting PII
• Implement secure file transfer protocols (SFTP, HTTPS) for bulk data transfers
• Verify recipient identity before transmitting sensitive PII
• Log all transmissions of PII including sender, recipient, timestamp, and data category
• Monitor for transmission failures and retry or alert on errors
• Disable insecure transmission protocols (FTP, HTTP, unencrypted email) for PII

13. International Data Transfers

Cross-Border Transfer Requirements

Organization identifies and documents the relevant basis for PII transfers between jurisdictions, to external entities, and within the organization:

Transfer Mechanisms (GDPR)

• Adequacy Decision: Transfers to countries with adequacy decision from European Commission (UK, Switzerland, Japan, Canada, etc.)
• Standard Contractual Clauses (SCCs): Execute EU Standard Contractual Clauses with data importers in third countries
• Binding Corporate Rules (BCRs): Implement binding corporate rules approved by supervisory authority for intra-group transfers
• Certification Mechanisms: Transfers to organizations certified under EU-US Data Privacy Framework (DPF) or similar
• Explicit Consent: Obtain explicit consent from data subject for transfers to third countries (used sparingly)

Transfer Impact Assessment

For transfers to countries without adequacy decision:

• Assess laws and practices in destination country that may impact personal information protection
• Evaluate whether supplementary measures are required beyond Standard Contractual Clauses
• Implement technical measures (encryption, pseudonymization) or organizational measures (contractual restrictions)
• Document assessment and safeguards applied for each international transfer

14. Third-Party Processing and Disclosure

Data Processing Agreements (DPAs)

Organization has written contracts with any PII processors or controllers it uses:

• Processing Instructions: Processor processes PII only on documented instructions from Organization
• Confidentiality: Processor ensures persons authorized to process PII are subject to confidentiality obligations
• Security Measures: Processor implements appropriate technical and organizational security measures
• Sub-Processors: Processor obtains prior authorization before engaging sub-processors
• Data Subject Rights: Processor assists Organization in responding to data subject requests (access, erasure, rectification, restriction, portability)
• Breach Notification: Processor notifies Organization of personal data breaches without undue delay
• Audit Rights: Organization has right to audit processor's compliance with DPA
• Return or Deletion: Processor deletes or returns all PII at end of contract and certifies deletion

Third-Party Disclosure Records

Organization records all requests, transfers, and disclosures of PII to or from third parties:

• What PII was disclosed (categories and specific data elements)
• To whom PII was disclosed (recipient name, organization, contact information)
• At what time PII was disclosed (date and timestamp)
• For what purpose PII was disclosed (legal obligation, service delivery, consent)
• Ensure cooperation from third parties in future data subject requests

Notification of Withdrawal or Objection

Organization informs third parties with whom PII has been shared of any withdrawal or objections regarding that PII:

• Implement processes to ensure updates to records when consent is withdrawn or objection is made
• Notify third parties within 10 business days of withdrawal/objection
• Obtain confirmation from third parties that PII has been updated or deleted
• Maintain records of notifications sent to third parties

Legally Binding Disclosure Requests

Organization handles government and legal requests for PII disclosure:

• Organization notifies customers of any legally binding requests for PII disclosure unless prohibited by law
• Organization rejects non-legally binding requests for PII disclosure
• Organization consults the corresponding customer before accepting any contractually agreed requests for disclosure
• Legal team reviews all disclosure requests to verify legitimacy and scope
• Disclose only minimum PII necessary to comply with legal request

15. Processing PII on Behalf of Customers

Processor Obligations

When acting as a processor, Organization ensures that PII processed on behalf of a customer is processed only for purposes documented by the customer/controller:

• Process PII strictly according to documented instructions from customer/controller
• Do not use customer PII for Organization's own purposes without explicit consent
• Maintain necessary records supporting compliance with contractual obligations for PII processing
• Provide customers/controllers with information and access to controls needed to demonstrate compliance
• Assist customers in responding to data subject requests within required timeframes

Automatic Processing Requirements

Organization identifies decisions made via automatic processing of PII that could have legal or significant effects:

• Ensure customer/controller instructions for handling PII are followed
• Require human review where automated decisions have legal or significant effects
• Document logic and criteria used in automated decision-making
• Provide data subjects with information about automated processing in privacy notice

Processing Infringement Notification

Organization informs the customer/controller if a processing instruction received from them appears to infringe applicable legislation or regulation:

• Monitor processing instructions for compliance with privacy regulations
• Notify customer/controller within 5 business days if instruction appears to violate law
• Provide legal assessment and alternative approaches that comply with regulations
• Suspend processing until customer/controller provides clarification or modified instructions

16. Customer Access to Information

Privacy Notice and Documentation

Organization documents information provided to controllers or PII principals about PII processing:

• Produce customer-ready privacy documentation before releasing the system
• Make privacy documentation available upon request after release
• Document timing of privacy notice provision (at collection, within 30 days, etc.)
• Include processing purposes, lawful basis, data categories, retention, rights, and contact information

Customer Log Access

Procedures allow customers to request access to their own log records:

• Customers can submit request for log access via support ticket or account portal
• Verify customer identity before providing log access
• Provide log records in machine-readable format (CSV, JSON, API access)
• Limit log access to customer's own data (not other customers' data)
• Respond to log access requests within 10 business days

17. Data Collection Practices

Organization notifies users if personal information is collected from sources other than the user:

• Identify all sources from which PII is collected (directly from user, third-party data brokers, public records, social media)
• Ensure PII collected from third-party sources was collected fairly and lawfully from reliable sources
• Verify that third-party data sources obtained proper consent or lawful basis for sharing PII
• Notify data subjects within 30 days when PII is obtained from third-party sources
• Provide data subjects with information about source of PII in privacy notice
• Allow data subjects to correct inaccurate PII obtained from third-party sources

18. Marketing and Advertising

Marketing Consent Requirements

Organization does not use PII processed under a contract for marketing or advertising without verifying prior consent:

• Obtain explicit opt-in consent from appropriate PII principal before using PII for marketing
• Do not make consent a condition for receiving the service (consent must be freely given)
• Provide separate consent checkbox for marketing (not bundled with terms of service)
• Clear description of what data subject is consenting to (e.g., "Send me promotional emails about products and special offers")
• Easy unsubscribe link in every marketing email
• Unsubscribe processed immediately; no marketing emails sent after unsubscribe

Marketing Suppression

• Maintain marketing suppression list of users who have unsubscribed or opted out
• Check suppression list before sending any marketing communications
• Retain suppression list records even after account closure to prevent re-adding to marketing lists

19. Backup and Restoration

PII Restoration Tests

Organization performs PII restoration tests at least annually:

• Test restoration of backups containing PII to verify recoverability
• Log who conducted the test (name, role, date)
• Document details of the restored PII (data category, volume, systems)
• Verify integrity of restored PII (completeness, accuracy, no corruption)
• Securely delete test restoration data after verification
• Maintain annual restoration test reports for audit evidence

20. Privacy Incident Response

Privacy Incident Response Policies

Privacy incident response policies and procedures are documented and communicated to authorized personnel:

• Define what constitutes a privacy incident (unauthorized disclosure, access, alteration, or loss of PII)
• Establish incident severity classification (low, medium, high, critical)
• Define roles and responsibilities for privacy incident response team
• Document escalation procedures and notification requirements
• Integrate privacy incident response with general incident management policy

Privacy Incident Management

All events related to privacy and human rights are logged and tracked:

• Privacy incidents are evaluated to determine severity and impact to data subjects
• Incidents are assigned priority level and managed to resolution
• Privacy team coordinates incident response with security, legal, and communications teams
• Affected parties (data subjects, customers, supervisory authorities) are communicated with as required
• Incident tracking continues until recovery is complete and corrective actions implemented

Personal Data Breach Notification

Relevant parties are notified in a timely manner when PII breaches occur:

Breach Risk Assessment

Privacy team evaluates breach based on:

• Type and sensitivity of personal information (financial, health, credentials, etc.)
• Volume of data subjects affected
• Potential consequences to data subjects (identity theft, financial loss, discrimination)
• Security measures applied to breached data (encryption, pseudonymization)

Breach Notification to Supervisory Authority

GDPR requires notification to supervisory authority within 72 hours unless breach is unlikely to result in risk to data subjects:

• Description of nature of breach, categories and volume of data subjects and records affected
• Contact details of Data Protection Officer or privacy point of contact
• Description of likely consequences of the breach
• Description of measures taken or proposed to address breach and mitigate harm
• If notification is delayed beyond 72 hours, provide reasons for delay

Breach Notification to Data Subjects

Organization notifies affected data subjects without undue delay when breach is likely to result in high risk:

• Clear and plain language description of nature of breach
• Contact details of Data Protection Officer or privacy point of contact
• Description of likely consequences of the breach
• Description of measures taken to address breach and resolution steps
• Recommended actions for data subjects (change password, monitor credit report, enable MFA)
• Notification via email, account notification, website banner, or public communication depending on scale

Breach Documentation

All personal data breaches documented including:

• Facts of the breach (what, when, where, how)
• Effects of the breach and impact to data subjects
• Remedial actions taken to contain and mitigate breach
• Notifications sent to supervisory authority and data subjects with dates
• Post-incident review and lessons learned
• Corrective actions to prevent recurrence

21. Privacy Training and Awareness

• All employees complete data protection and privacy training during onboarding
• Annual privacy refresher training covering updates to privacy regulations and best practices
• Role-specific privacy training for employees with access to personal information
• Data Protection Officer and privacy team receive specialized training on GDPR, CCPA, privacy impact assessments
• Training records maintained documenting completion date, training content, and version

22. Policy Review and Update

Privacy policies are documented and define the information privacy rules and requirements for the service environment:

• Privacy policies reviewed according to periodic review requirements (at least annually)
• Privacy policies updated as needed when regulations change, processing activities change, or incidents occur
• Revision histories and review periods are defined within the policies themselves
• Policy updates communicated to all relevant stakeholders
• Senior management approval obtained for policy updates
• Updated policies published to company intranet and made available to all employees

23. Compliance Monitoring

Privacy Compliance Monitoring

Organization monitors compliance with privacy obligations:

• Quarterly privacy compliance self-assessment against privacy controls
• Annual audit of privacy controls by internal audit or external auditor
• Privacy metrics tracked and reported (data subject requests, breaches, consent rates, training completion)
• Findings from privacy audits tracked to remediation with corrective action plans
• Privacy compliance status reported to executive leadership quarterly

Audit Evidence

Organization maintains evidence for privacy audits and regulatory inquiries:

• Record of Processing Activities documenting all personal information processing
• Consent records showing how, when, and what consent was obtained
• Data Processing Agreements with third-party processors
• Data subject request logs and response documentation
• Personal data breach register and breach notification records
• Privacy training completion records
• Privacy policy review and approval history

24. Contact Information

Data Protection Officer

Contact the Data Protection Officer for privacy-related questions, concerns, or requests:

• Email: privacy@[company].com
• Postal Address: [Company Name], Attn: Data Protection Officer, [Address]
• Web Form: [company].com/privacy-request

Supervisory Authority

Data subjects have the right to lodge a complaint with the relevant supervisory authority.

25. Exceptions

Exceptions to this policy require Chief Privacy Officer approval with documented business justification, legal assessment, and alternative safeguards to protect data subject rights.

26. Enforcement

Failure to comply with this policy may result in disciplinary action up to and including termination. Unauthorized disclosure, access, or processing of personal information is a serious violation and may result in legal liability.

27. References

• SOC 2 Trust Services Criteria – Privacy Controls
• GDPR (General Data Protection Regulation)
• CCPA/CPRA (California Consumer Privacy Act / California Privacy Rights Act)
• ISO/IEC 27701 – Privacy Information Management System
• NIST Privacy Framework
• [Your Company] Data Classification and Handling Policy
• [Your Company] Information Security Policy
• [Your Company] Incident Management Policy
• [Your Company] Third-Party Risk Management Policy

28. Revision History

Date	Version	Author	Description
[Date]	1.0	Chief Privacy Officer	Initial release