Why Every Business Website Needs a Privacy Policy & Terms & Conditions (T&C) in India

Legal Updates Law & Policy Changes

Posted by Apex Advocates Team on 2025-12-11 18:30:00

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Why Every Business Website Needs a Privacy Policy & Terms & Conditions (T&C) in India

— A Legal Perspective by Apex Advocates

In today’s digital-first business landscape, your website is more than an online presence — it is a data-collecting, customer-facing, commercial platform. Whether you operate an e-commerce store, SaaS platform, mobile app, professional service website, booking portal, or even a simple blog collecting email IDs, you are legally required to publish a clear and compliant Privacy Policy and Terms & Conditions (T&C).

For many businesses, these documents are treated as an afterthought — until a legal dispute, consumer complaint, or compliance notice appears. At Apex Advocates, we frequently assist clients who discover the importance of these documents only after running into regulatory trouble.

This article explains why these policies are mandatory, what the law requires, and how they protect your business.

1. Why These Documents Matter

A Privacy Policy and T&C serve two crucial purposes:

For Users

They understand what data you collect and why
They know their rights and how their information is handled
They gain confidence and transparency about your brand

For Businesses

They form a binding legal contract with your users
They reduce liability and prevent disputes
They ensure compliance with India’s data protection laws
They protect your intellectual property, payments, and platform rules

In short, these are not optional documents—they are legal safeguards.

2. What Is a Privacy Policy?

A Privacy Policy is a legal disclosure that explains:

What personal data you collect
Whether the data is “personal” or “sensitive personal data”
How you use, store, or process this data
Whether you share the information with third parties
How long you retain the data
Rights given to users under Indian law

Laws Governing Privacy Policies in India

Your Privacy Policy must comply with the following:

1) Information Technology Act, 2000 (IT Act)

The foundational law governing electronic data and cybersecurity.

2) IT (Reasonable Security Practices and Procedures & Sensitive Personal Data or Information) Rules, 2011

Defines “sensitive personal data” (passwords, financial info, health info, biometrics, etc.) and mandates privacy disclosures.

3) Digital Personal Data Protection Act (DPDP Act), 2023

India’s latest and most comprehensive data protection statute.
It mandates transparency, lawful data processing, user consent, data retention limits, and grievance mechanisms.

The DPDP Act applies to any website, app, or business that processes digital personal data, regardless of size.

3. Mandatory Requirements Under the DPDP Act, 2023

A compliant Privacy Policy must clearly mention:

Categories of data collected
Purpose for data collection
Consent mechanism and withdrawal method
Data retention policy
Rights available to users (access, correction, grievance redressal)
Details of data sharing / cross-border data transfers
Security measures followed
Contact details of the Data Protection Officer or grievance officer

Businesses ignoring these requirements risk penalties under the DPDP Act, which may extend into crores depending on the severity of non-compliance.

4. What Are Terms & Conditions (T&C)?

A Terms & Conditions document is a legally enforceable contract between the business and the user.
It governs the use of the website, outlines rights and responsibilities, and protects the business from potential misuse or liability.

Typical Provisions in a T&C

User obligations and acceptable use
Payment, subscription, refund, and cancellation policies
Intellectual property protection and copyright
Limitation of liability
Termination of user access
Dispute resolution and jurisdiction
Governing law

Legal Backing for T&C in India

Indian Contract Act, 1872 — establishes enforceability of digital contracts
Consumer Protection Act, 2019 — regulates fairness of e-commerce and service terms
IT Act, 2000 — Section 65B validates electronic records and digital contracts

5. The Risk of NOT Having These Documents

Businesses without proper legal policies are exposed to:

Data privacy violations
User disputes and refund conflicts
Misuse of website or content
Cybersecurity and compliance penalties
Loss of brand credibility
Legal notices under DPDP Act / Consumer Protection Act

On the other hand, a well-drafted Privacy Policy and T&C provide:

Legal protection
Reduced liability
User transparency
Brand trust
Full compliance with Indian law

6. Who Needs a Privacy Policy & T&C?

These documents are mandatory for:

Websites collecting user data
Mobile applications
E-commerce and online marketplaces
SaaS and software platforms
Online booking & delivery platforms
EdTech and FinTech websites
Blogs collecting emails or tracking analytics
Lead-generation and marketing websites

If your business collects even one user detail (name, phone, email, cookies, analytics, etc.) — you must publish these documents.

7. How Apex Advocates Helps Businesses

At Apex Advocates, we specialise in drafting:

GDPR-aligned Privacy Policies
India-compliant DPDP Act Privacy Policies
Industry-specific Terms & Conditions (e-commerce, SaaS, mobile apps, tech companies)
Cookie Policies
Data Processing Agreements (DPA)
Website disclaimers and legal notices

Every document is custom-drafted, not copied from templates — ensuring full compliance and protection tailored to your business model.

Conclusion

As technology evolves, so do the legal responsibilities of businesses.
A Privacy Policy and Terms & Conditions are not mere formality — they are essential legal shields that protect your business and reassure your customers that their information is safe.

If your website or app does not currently have legally compliant documents, or if they have not been updated after the DPDP Act, 2023 — now is the time to act.

Need a Privacy Policy or T&C for Your Website?

Apex Advocates can draft accurate, industry-specific, and legally enforceable documents for your business.

Contact us to get started.