Australia - APA (Australia Privacy Act)

Modified on Fri, 30 Jun 2023 at 03:11 PM

What is the APA regulation and how can i make my site compliant with this?

The Australian Privacy Law of 1988 serves as the main legislation that sets forth various requirements for companies regarding the collection and use of personal information from Australian individuals. Its primary objective is to enhance the protection of Australians' personal data.

If your operations extend to Australia or you have visitors to your website from Australia, it is crucial to ensure that your use of cookies and online identifiers for collecting personal data from Australians complies with the Australian Privacy Law.

Although specific regulatory guidance on cookie consent requirements is not available in Australia, the Privacy Law of 1988 outlines certain notification and consent obligations that organizations must adhere to when implementing cookie consent notices in accordance with the law.

If you want to know more about the different regulations you can access our article "Laws and regulations for each region"

Do I need a consent banner in Australia?

According to the Australian Privacy Law, obtaining consent is necessary only when collecting sensitive personal information, such as health-related data, racial information, criminal records, or sexual orientation. Therefore, it seems that cookie banners are not obligatory in Australia.

However, it is important for companies to fully comply with all the requirements of the Australian Privacy Law when collecting personal information through cookies. This includes adhering to the transparency principle, which entails providing users with the appropriate level of information either through a notice at the collection point or within the privacy policy.

While a cookie consent banner is not a specific requirement, you may still choose to include it on your website. At illow, we recommend having a cookie banner that effectively communicates and ensures transparency in line with the regulations. By doing so, you can maintain compliance and foster a user-friendly experience on your site.

  • Include a Button to Accept Cookies: The text in the cookie banner and the button must make it clear that by clicking the button the user agrees to the deployment of cookies.
  • Include a Button to Reject Cookies: Although it does not specifically clarify a button as in other cases, we must provide an opt-out option that “takes effect immediately and is consistent.”
  • Provide Detailed Information About Cookie Use: The cookie banner should contain information about why the website uses cookies. For example, does it collect data for analytics, advertising, or social media purposes?
  • Alert the User if the Website Shares Data with Third Parties: If the website shares the data collected through cookies with third parties the cookie banner should explain this.
  • Link to the Website’s Cookie Policy: Here the website will provide further information about the cookies in use on the site, including a list of all the cookies.
  • Include a Link to the Cookie Settings: This isn’t required under GDPR as long as users have the choice to reject all cookies. However, it does have the benefit of allowing users who would otherwise reject all cookies to permit some forms of data collection. 

Observations: With illow´s GLOBAL banner, your site will be ready to comply with this regulation.

If you want to know the different types of banner cookies that you can find on our platform, access our article "Types of banners you will find on our platform"

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