Conspicuous Posting
Definition
The requirement that privacy policies and important notices be displayed in a way that makes them reasonably noticeable and accessible to users. Conspicuous posting means privacy policies shouldn't be hidden in obscure locations or presented in ways that make them easy to miss. Best practices include placing privacy policy links in website footers and navigation menus, using standard terminology like 'Privacy Policy' or 'Your Privacy Rights,' ensuring links are visible without scrolling when practical, using readable font sizes and colors, making policies accessible from key pages like registration and checkout, and avoiding techniques that hide or minimize policy visibility. CalOPPA specifically requires conspicuous posting of privacy policies. What's conspicuous depends on context—a mobile app might use a different approach than a desktop website. The goal is ensuring reasonable users can find and access your privacy information without hunting for it.
Applicable Laws & Regulations
- 1CalOPPA Business and Professions Code Section 22577(a)(1) - Conspicuous posting requirement
- 2FTC Act Section 5 - Clear and conspicuous disclosure standards
- 3GDPR Article 12(1) - Accessible and transparent information