Material Change (Privacy Policy)

Definition

A significant modification to privacy practices that affects how personal data is collected, used, shared, or protected. Material changes require notice to users and, depending on jurisdiction and the change nature, may require consent. Examples of material changes include: collecting new categories of sensitive data, sharing data with new categories of third parties, using data for materially different purposes, significantly reducing security protections, or changing retention periods substantially. Non-material changes might include clarifications, formatting updates, or contact information corrections. When making material changes, organizations should notify users through conspicuous means, provide reasonable notice before implementation, obtain fresh consent if required, allow opt-out where appropriate, and document that notice was provided. Privacy policies should include effective dates and change notification procedures. The determination of materiality considers the nature of the change, impact on privacy, user expectations, and applicable legal requirements.

Applicable Laws & Regulations

  1. 1CalOPPA Business Code 22577 - Notification of material changes
  2. 2GDPR Article 13-14 - Updated information provision
  3. 3FTC Act Section 5 - Deception from undisclosed changes

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