Is it illegal to copy a privacy policy?

Copying another organization’s privacy policy without permission can create copyright issues when the original wording contains protected expression. However, copyright generally does not protect facts, ideas, or legal requirements themselves, and the scope of protection and applicable exceptions vary by jurisdiction. The U.S. Copyright Office distinguishes protected expression from unprotected facts and ideas.

There is also a separate accuracy problem. A copied policy may name the wrong service providers, omit analytics or tracking technologies you actually use, or describe rights, safeguards, retention periods, or data practices that do not apply to your organization.

You can use a privacy policy template where its licence permits your intended use, or obtain permission to reuse protected wording. Check whether the licence allows commercial use, modification, and redistribution where relevant. In either case, customize the policy to accurately describe your own data practices.

Following a privacy policy drafting checklist can help identify the information your policy needs to cover without copying another organization’s specific disclosures.