What are the key U.S. privacy laws that affect business privacy policies?

The key U.S. privacy laws include California's CCPA/CPRA, Virginia's VCDPA, Colorado's CPA, Utah's UCPA, and Connecticut's CTDPA. These require transparency, consumer rights, and security measures.

What does the GDPR require U.S. businesses to include in their privacy policies?

Under GDPR, U.S. businesses must disclose the lawful basis for data processing, offer EU resident rights such as data access and erasure, and appoint a representative if regularly handling EU data.

How is PIPEDA different from GDPR?

PIPEDA is Canada's privacy law requiring meaningful consent, data access rights, and transparency, but is less stringent than GDPR. It applies to U.S. businesses handling Canadian resident data.

What are the core requirements of Japan’s APPI?

The APPI requires prior consent for sharing personal data with third parties, cross-border transfer disclosures, and outlines individual rights similar to GDPR. It's enforced by Japan’s PPC.

What should a universal privacy policy include to comply with multiple jurisdictions?

A universal policy should include notice of collection, purpose of use, consumer rights by region, data sharing disclosures, retention practices, cross-border transfer statements, and contact details for privacy requests.

Do I need to comply with global privacy laws if my business is based only in the U.S.?

Yes, if your business serves or collects data from residents in the EU, Canada, Japan, or U.S. states with privacy laws. Privacy compliance is based on data subject location, not business location.

How can a lawyer help with privacy compliance?

An attorney can review your data practices, draft compliant policies and TOS, align your operations with jurisdiction-specific rules, and help respond to data access or deletion requests appropriately.

What happens if my privacy policy is non-compliant?

Non-compliance can result in fines, enforcement actions, or consumer lawsuits. For example, GDPR violations can reach €20 million or 4% of annual revenue. U.S. state laws also allow private rights of action in some cases.

Privacy Policy Terms for Interstate and International Business

Does Your Privacy Policy Go Far Enough? U.S. and International Laws You Shouldn’t Ignore

In a global economy where data flows across borders in milliseconds, privacy compliance isn’t just a legal checkbox, it’s a reputational and operational imperative. For U.S.-based businesses, especially those serving online audiences, knowing how to draft a legally compliant privacy policy and terms of service means more than just covering domestic ground.

In addition to the U.S. federal baseline (such as the FTC Act), multiple states have implemented comprehensive privacy laws with real teeth. Add to that the international frameworks like Europe’s GDPR, Canada’s PIPEDA, and Japan’s APPI, and your policy needs to do some serious heavy lifting.

This guide breaks down the key requirements of major state and international privacy laws U.S. businesses need to address, as well as how to bake them into your site’s Privacy Policy and Terms of Service (TOS).

What U.S. State Privacy Laws Apply to Online Businesses?

California: CCPA/CPRA

The California Consumer Privacy Act (CCPA), as amended by the California Privacy Rights Act (CPRA), is the most influential state privacy law to date. It applies to businesses that:

Have $25M+ annual revenue, or
Collect personal info on 100,000+ California residents, or
Derive 50%+ revenue from selling/sharing personal info

Key Privacy Policy Inclusions:

Consumer rights (access, delete, correct, opt-out of sale/sharing)
Categories of personal info collected/shared
Sources and business purposes
Retention periods
Sensitive personal information disclosures
Do Not Sell or Share My Info link

More: oag.ca.gov/privacy/ccpa

Virginia: VCDPA

Applies to entities processing personal data of 100,000+ Virginians annually (or 25,000+ if selling data). Requires:

Disclosure of personal data collection and sharing
Explanation of consumer rights (including appeal process)
How to exercise those rights

Colorado: CPA

Effective July 2023
Thresholds similar to Virginia
Requires a clear privacy notice and universal opt-out mechanism
Special rules for “sensitive data” (biometric, health, race, religion, etc.)

Utah: UCPA

Slightly lighter on enforcement
Applies to controllers with $25M+ revenue and 100,000+ users
Must disclose categories of data collected and consumer rights

Connecticut: CTDPA

Effective July 2023
Mirrors VCDPA and CPA
Includes opt-out rights for targeted ads and sales

What Should Go Into a U.S. State-Compliant Privacy Policy?

If your business reaches users in multiple states, your privacy policy should be cumulative — covering all applicable rights. Include:

A summary of rights by jurisdiction (or a unified explanation)
How users can exercise those rights (form, email, link)
A “last updated” date
Disclosure of automated decision-making or profiling (if used)
Policies for minors’ data (under 13, 16 or 18, depending on state law)

What International Privacy Laws Apply to U.S. Businesses?

GDPR (Europe)

The General Data Protection Regulation (GDPR) applies to any U.S. business targeting or monitoring EU/EEA residents, even without a physical presence.

Key Privacy Policy Requirements:

Lawful basis for processing data (e.g., consent, contract)
Categories of data collected and how it’s used
Data subject rights (access, rectification, erasure, objection, portability)
DPO (Data Protection Officer) and EU representative details (if applicable)
International transfer mechanisms (e.g., SCCs, adequacy decisions)
Cookie disclosures (with consent banners)

More: commission.europa.eu/data-protection_en

PIPEDA (Canada)

The Personal Information Protection and Electronic Documents Act applies to commercial activity involving Canadian citizens.

What to Include:

What data is collected and why
Consent mechanism (implied or express)
User rights (access, correction)
How data is stored and protected
Cross-border transfer disclosures

More: priv.gc.ca

APPI (Japan)

The Act on the Protection of Personal Information applies to U.S. companies doing business with Japanese residents.

Policy Must Disclose:

Categories of data collected
Use purposes (must be specific)
Data sharing or outsourcing
Contact for inquiries or complaints
Data transfer mechanisms for overseas transfers

More: ppc.go.jp

What Are the Legal and Business Risks of Noncompliance?

Failure to comply with state or international laws can lead to:

Hefty fines (up to $7,500 per violation under CCPA, or 4% of global revenue under GDPR)
Loss of public trust
Investigations and audits
Class action exposure

Regulators are increasingly targeting small and mid-sized U.S. companies that collect personal data without updating their privacy documents accordingly.

What’s the Best Approach for U.S. Businesses?

Start with a clear understanding of your user base: Where are your visitors and customers located? What personal data do you collect, and how do you use it?

Then:

Draft a layered, jurisdiction-aware privacy policy
Build a compliant cookie policy and banner
Set up a backend system to respond to user data requests (DSARs)
Review and update annually or whenever your data practices change

Checklist: Provisions to Include in Your Privacy Policy and Terms

To address the combined requirements of CCPA/CPRA, VCDPA, CPA, UCPA, CTDPA, GDPR, PIPEDA, and APPI, your policies should include the following elements:

Jurisdictional Disclosures: Clearly state where your business operates and which privacy laws apply.
Categories of Data Collected: List types of personal and sensitive information gathered.
Purpose of Data Collection: Specify why each category of data is collected and how it will be used.
Third-Party Sharing: Disclose whether and how data is shared or sold to third parties.
Consumer Rights and Methods of Exercise: Provide a summary of rights (access, correction, deletion, portability, objection, etc.) and easy-to-use methods to exercise them (forms, email addresses, or portals).
Opt-Out and Opt-In Mechanisms: Include links or instructions for opting out of data sales and targeted advertising, and opt-in language for sensitive or international data.
Cross-Border Data Transfers: Explain how international data is transferred and safeguarded, including references to Standard Contractual Clauses or international frameworks.
Retention and Deletion: Outline how long data is stored and when/how it is deleted.
Security Measures: Describe the steps taken to protect personal data.
Contact Information and Appeals: Provide contact info for privacy inquiries and instructions for appealing decisions on data rights.
Updates and Consent Refreshment: Explain how users will be notified of policy changes and how renewed consent is handled if required.

Conclusion: Build a Privacy Policy That Travels With Your Business

As privacy regulation continues to expand, a one-size-fits-all privacy policy is no longer good enough. U.S. businesses must account for both domestic and international laws if they want to avoid penalties and win customer trust.

At Daniel Ross & Associates LLC, we help businesses craft privacy policies and terms of service that comply with CCPA, GDPR, PIPEDA, APPI, and other applicable frameworks.

Need help creating or updating your privacy policy to protect you across borders? Schedule a consultation today and let’s build it together.