February 9, 2026

Keeping Your Website Privacy Policy Current: A Reminder for Website Owners and Operators

A website privacy policy is no longer a “nice to have.” What was once merely a best business practice for businesses with an online presence has become almost essential, due primarily to (1) an influx of highly-influential comprehensive privacy laws throughout the various U.S. states, (2) continued regulatory action at the federal level, and (3) shifting market and contractual standards. For these reasons, for many businesses operating in—or targeting users in—the United States, adopting an up-to-date privacy policy is a legal requirement and serves as a key compliance document that should be reviewed and updated regularly.

Why a Privacy Policy Is Required
Under a patchwork of U.S. federal and state laws, companies that collect, use, or share personal information through their websites are generally required to provide a clear and accessible privacy policy. These laws apply broadly and often reach beyond a company’s physical location.

Examples include:

• State consumer privacy laws (such as those in California and other states) that require disclosures about data collection, use, sharing, and consumer rights.
• Federal consumer protection principles enforced by the Federal Trade Commission, which prohibit unfair or deceptive practices—making it critical that a company’s privacy policy accurately reflects its actual data practices.
• Industry-specific or contract-based obligations that require transparency around personal information handling.

In practice, if your website collects personal information—whether through contact forms, account creation, analytics tools, cookies, or marketing technologies—you almost certainly need a privacy policy.

Having a Policy is Not Enough - Accuracy Matters
A common compliance risk is not the absence of a privacy policy, but an outdated or inaccurate one. Privacy policies are legal representations to consumers and regulators. If the policy does not reflect what the company is actually doing with personal information, it can create regulatory exposure and litigation risk.
Business practices change frequently. New vendors are added, analytical tools evolve, marketing strategies expand, and laws themselves continue to develop. Any of these changes may require corresponding updates to the privacy policy that, if left unincorporated, could expose your business to avoidable risk.

Performing an Annual Review
As a best practice, companies should review their website privacy policies at least once per year, even if no obvious changes have occurred. An annual review helps ensure that:

• Disclosures remain accurate and complete
• New laws and regulatory guidance are addressed
• Data collection and sharing practices are properly described
• Consumer rights disclosures remain current

In addition, a privacy policy should be updated promptly whenever there is a material change in data practices, rather than waiting for the next annual review cycle.

Takeaway
A privacy policy is a living document, not a one-time website posting. Regular review and maintenance—at least annually—can help reduce compliance risk, align public disclosures with actual practices, and demonstrate a company’s commitment to responsible data handling.

Corporate clients should treat privacy policy maintenance as part of their broader governance and compliance program, not merely a website formality.

For more information or to have your website privacy policy updated, reach out to McGrath North’s privacy team today.