Privacy Policy Analysis

Yes, most of these enhancements are necessary—even though your business is based in the U.S., servicing users in California and the EU means you're subject to the extraterritorial reach of CCPA/CPRA and GDPR, which apply based on where the user is, not where the business is.
Here’s a breakdown of what’s required vs. optional for your situation:

✅ Legally Required (or Strongly Recommended to Avoid Fines)

1. California (CCPA/CPRA):

You must include:
  • A section for California resident rights
  • Right to opt-out of "sale or sharing" of personal data
  • "Do Not Sell or Share My Info" link if applicable
  • Disclosure of:
    • Categories of data collected
    • Categories shared/sold
    • Retention periods (or criteria)
    • Rights to access, delete, correct data
    • Whether you use sensitive personal info (email content, biometric, etc.)
Even small U.S. companies fall under CPRA if they:
  • Process data of 100,000+ individuals OR
  • Have $25M+ in annual revenue OR
  • Derive 50%+ revenue from selling/sharing personal info

2. European Union (GDPR):

You must include:
  • Legal basis for processing (e.g. consent, contract)
  • Contact for exercising rights
  • Data transfer details (e.g., to U.S. + SCCs)
  • Right to lodge a complaint with an EU authority
  • Retention periods (even approximate ones)
  • Clear cookie consent, not just notice
GDPR applies if you target EU users (e.g., by language, shipping, services, marketing)

🟨 Recommended (Helps Avoid Confusion, Build Trust, or Reduce Risk)

  • Cookie policy separated from privacy policy
  • List of subprocessors (or offer one upon request)
  • Clarified children’s data compliance by jurisdiction (U.S.: under 13, EU: under 16)
  • Explain AI or profiling practices, if applicable

🟥 Risk If Ignored

Ignoring these can trigger:
  • Regulatory fines (up to €20M under GDPR, $7,500 per violation under CPRA)
  • Private rights of action (e.g., for data breaches in California)
  • Enterprise deal blockers (EU or CA companies may refuse to sign up)
Would you like a GDPR/CPRA-compliant revision of your privacy policy?
Or would you prefer to try the lawyer-supervised AI instead? They have a custom process for Privacy Policies. (Sponsored Mention)