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The Essential Privacy Guide for Creative Businesses
Privacy in business. It’s that thing we always focus on until it goes horribly wrong.
Like when if your interior design consultancy accidentally emails a client’s details to the wrong person.
For many creative businesses, privacy laws feel like something only big corporations worry about. After all, you’re an artist, a designer, a boutique fashion brand—not a tech giant harvesting user data. But here’s the truth: privacy compliance isn’t just for the big guys.
If you handle any sort of customer information, you need to take privacy seriously. Many people share the sentiment of American business man, Gary Kovacs “Privacy is not an option, and it shouldn’t be the price we accept for just getting on the Internet.”
Who Actually Needs a Privacy Policy?
Under Australian law, businesses must have a privacy policy if they:
- Earn more than $3 million in annual turnover
- Provide health services
- Trade in personal information
- Are a credit reporting agency
- Are an Australian Government agency
But even if you don’t fit into any of these categories, you should still have one.
A privacy policy isn’t just about ticking a legal box—it builds trust, protects your reputation. If you plan to scale, start handling sensitive data, or sell online, a privacy policy is pretty much non-negotiable.
Which Creative Businesses Should Care?
- Artists & Illustrators: If you sell your work online, you collect personal data (names, emails, addresses). Privacy compliance matters.
- Fashion Labels & Independent Designers: Online orders, marketing lists, customer accounts—your privacy obligations are bigger than you think.
- Graphic Designers & Web Developers: Your clients trust you with sensitive business info. A solid privacy policy protects both sides.
- Interior Designers: Ever had a high-profile client? They expect discretion.
- Writers & Publishers: If you manage an online subscriber list or sell books directly, you need to handle data legally.
- Performing Artists & Creative Agencies: Running events or taking bookings? You’re storing personal information.
Case Study: The Privacy Nightmare You Don’t Want
This is how it works in practice: BrightSide Interiors didn’t think they needed a privacy policy.
Then, an email mistake exposed client details, causing backlash, lost contracts, and damage to their reputation.
A simple privacy policy and better data handling could have saved them.
Best not to do it yourself
Sure, you could copy and paste a generic template from the internet.
But here’s why that’s risky:
- Privacy laws change constantly
- A generic template may not fit your business model
A well-drafted privacy policy isn’t just legal fluff.
At DesignWise, powered by Sharon Givoni Consulting, creates tailored privacy policies that work for your business.
Privacy Laws Are Changing: Are You Ready?
Australia might be scrapping the small business exemption, meaning all businesses will need to comply with privacy laws. If you don’t have a privacy policy now, you may need one soon.
Watch this space!
- Custom privacy policies tailored to your business
- Compliance with Australian law
- No legal mumbo-jumbo
- Just Legal Ease Not Legalese®
Contact us today to get your privacy policy sorted!
Further Reading:
Office of the Victorian Information Commissioner (OVIC) – A practical guide for organisations on privacy compliance in Victoria:
https://ovic.vic.gov.au/privacy/resources-for-organisations/privacy-impact-assessment/
Attorney-General’s Department – Learn more about privacy rights and obligations under Australian law:
https://www.oaic.gov.au/privacy/privacy-legislation/the-privacy-act/rights-and-responsibilities
Our Privacy Law Services – Find out how we can help your business with tailored privacy policies and compliance.
https://www.smallbusiness.wa.gov.au/blog/what-changes-privacy-act-mean-small-businesses
Small businesses could be forced to protect customers’ personal information, under government changes to Privacy Act (ABC News):
https://www.abc.net.au/news/2023-03-02/small-businesses-exempt-privacy-laws-cyber-hacks/102040342
Please note the above article is general in nature and does not constitute legal advice.
Please email us info@iplegal.com.au if you need legal advice about your brand or another legal matter in this area generally.