How Adult Sites Can Stay On Top Of Their Data Protection Obligations

• 16 Aug, 2024
• Adult Site Broker

As you analyze your users’ engagement, you collect sensitive data, including their interests, credit card information, IP addresses, and transactional data. To protect this data from cyber-attacks and third-party sites, you must ensure you have specific systems in place for collecting, handling, sharing, and deleting this data. To help you, Adult Site Broker has put together our guide on how porn sites can stay on top of their data protection obligations. 

First a disclaimer, we are not attorneys. So we always strongly suggest you get the advice of a legal professional on these and any legal matters.

What Is Data Protection? 

Rooted in the right to privacy, data protection is defined as the “process of safeguarding data and ensuring it is used fairly and properly. It also involves restoring data if lost, compromised, or corrupted due to human error, cyberattacks, or intentional harm.” It includes the handling of personal data, including addresses, IP addresses, names, contact details, credit card details, and their interests and how visitors use your porn site. 

Data Protection and Website Tracking

As a porn site, to gain insights into your users, you may find that you use website tracking to gain a complete picture of your customers. This is when porn sites collect and analyze a user’s website habits, such as their details, transactional data, or search history. But how does it affect your porn sites’ data protection obligations? 

You can do website tracking without breaching data protection laws so long as you have protections in place for collecting and storing their personal data and gain their full consent to collect their data in the first place.  

Data Protection and Your Porn Site 

Depending on which country you operate in, you may find a few different data protection regulations you need to follow to stay legally compliant. Some of the main ones around the world that may affect your adult site include: 

EU 

The General Data Protection Regulation (GDPR) is a legal framework that sets guidelines for collecting and processing personal information from individuals who live in and outside the European Union (EU). The UK also has the Data Protection Act (2018), which implements the GDPR framework into their country’s laws. 

USA

In the USA, depending on which state you are in depends on which data protection legislation you must follow. However, the most common ones you may find your porn site uses are the California Consumer Privacy Act, which requires businesses to give consumers certain information in a “notice at collection.” A notice at collection must list the categories of personal information businesses collect about consumers and the purposes for which they use the categories of information.

Canda

In Canada, the Digital Charter Implementation Act sets out business obligations regarding the collection, handling, and storage of personal data. The latest update, which came into effect in June 2024, gave financial organizations the right to share personal data without needing to tell the individual so long as the request was reasonable or for the purpose of detecting fraudulent behavior, money laundering, or tax evasion. 

Switzerland 

The 2023 Federal Act on Data Protection Act in Switzerland offers one of the strictest data protection policies worldwide; it aims to give individuals more rights to information about their data to ensure that it is protected and that mistakes are rectified. 

How To Stay On Top Of Your Data Protection Obligations  

Depending on which country your porn site operates in may depend on how stringent your data protection obligations are. However, as a site that handles sensitive personal data and the card details of your website visitors, some of the ways you can stay on top of your data protection obligations as a porn site are: 

Privacy Policy

In your privacy policy, you want to explicitly state exactly what types of data you will be collecting, how you will be handling it, and for how long. You should also allow an option on your website for users to opt into or out of the collection and analysis of their data.    

Cookie Consent

You must also have a cookie consent policy for website visitors to either consent to or opt out of the collection of their data. This could be as a banner at the bottom of a website page or a pop-up display once they enter the site.  

Only Use the Data For What You Said You Would 

Once you have collected personal data, you need to make sure you are in line with your own data policies. That means you can only use it for what you have said you will, so you should not share the data with third-party sites unless this has been explicitly stated as something you are going to do. 

Multifactor Authentication and Password Protection 

As well as collecting data, as a porn site, you must also take the necessary steps to protect your customers’ data. Recently, one of the most popular ways has been installing and using multifactor authentication and password protections on your website, such as needing a code to login. 

Firewalls and Antivirus Protection 

To protect your users from any potential threats, your website should have a built-in firewall and antivirus running in the background. This allows you to protect from any viruses, malware, or harmful attacks on your website to access and steal the personal data of your website users. 

What Happens If You Breach Your Data Protection Obligations? 

As technology advances, cybersecurity attacks on personal and credit card data have become a popular crime. And although a cyber attack isn’t your fault, if you are seen to be in breach of your data protection obligations, such as selling or sharing sensitive data to third parties (such as the current legal battle Pornhub are facing), not having a privacy policy on your website or even not having any measures in place to protect your user’s data, then you may find yourself in serious financial or legal consequences. 

So, what can happen if you breach your data protection obligations?  

Legal 

Suppose your porn site is seen breaching data protection laws. In that case, you may find that you face legal consequences, including civil suits against the wronged party or criminal offenses, depending on the severity of the violation, which could result in your site being forced to erase and delete certain types of data and even face having the site shut down. 

Financial 

Depending on the country you are operating in and the data protection legislation you need to follow, you can end up paying fines for each breach of data protection. For instance, in the EU, violating GDPR obligations can result in you being fined up to %4 of your annual turnover. 

Reputational 

There are also reputational consequences, as well as legal and financial consequences. Suppose your site gains a reputation for breaching data protections, such as selling sensitive data of its users. In that case, you may find that, in the long run, you lose traffic and revenue as people no longer wish to pay for your content.  

Conclusion 

When it comes to understanding your users and offering personalized offerings based on their interests, searches, and even transactions, collecting your customer’s data is a great way to do so. However, before you can start doing this, understanding your data protection obligations as the owner of an adult website can go a long way in saving your porn site’s reputation and avoiding financial and legal consequences. 

Depending on your country, you may have different data protection obligations. However, there are specific steps you can take no matter which laws you follow to ensure you comply. Setting up systems to collect, store, and handle data safely, including firewalls and antivirus software, and gaining consent from website visitors is crucial for you as a site to comply with the current international standards for data protection. 

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