Quick Answer: What Affiliate Sites Must Include in Their Privacy Policy
- Affiliate disclosure: That you earn commissions from affiliate links
- Cookie tracking: What affiliate cookies do and who sets them
- Third-party data sharing: That clicks may be tracked by affiliate networks
- Analytics data: What Google Analytics or similar tools collect
- Email marketing: How subscriber data is used (if you have a newsletter)
- GDPR compliance: Consent mechanism for EU visitors
Why Affiliate Marketing Sites Need a Privacy Policy
Many affiliate marketers assume they do not need a privacy policy because they are not directly selling products. This is a misconception. Affiliate sites collect personal data in several ways - through analytics, contact forms, email newsletter signups, and through the affiliate tracking cookies that are placed on visitor devices when links are clicked.
Beyond legal obligations, affiliate network contracts typically require a privacy policy as a condition of participation. Amazon Associates, ShareASale, CJ Affiliate, Impact, and Awin all require publishers to have and maintain a privacy policy. Failure to have one can result in termination from the program and clawback of earned commissions.
Did you know?
Amazon Associates regularly audits publisher websites for compliance with their operating agreement. Sites found to be missing required disclosures or privacy policies can have their accounts suspended without warning, losing access to earned commissions that have not yet been paid out.
Legal Basis for the Requirement
The legal requirements come from multiple sources:
- FTC Act Section 5: Requires disclosure of material connections and prohibits deceptive practices
- GDPR Article 13: Requires transparency about data collection for EU visitors
- ePrivacy Directive: Requires consent for non-essential cookies in the EU
- CCPA: Requires California consumer disclosures if traffic thresholds are met
- Affiliate network terms of service: Contractual requirement to maintain a privacy policy
- CalOPPA: California Online Privacy Protection Act requires any site collecting data from California residents to post a policy
FTC Disclosure Requirements for Affiliate Marketers
The FTC's Guides Concerning the Use of Endorsements and Testimonials in Advertising, updated in 2023, require that any material connection between an endorser and a brand be clearly and conspicuously disclosed. For affiliate marketing, this means readers must be told you earn a commission if they click your links and buy.
The FTC is explicit that a disclosure buried in your privacy policy alone does not satisfy this requirement. The disclosure must appear near the affiliate link itself - typically at the top of any content containing affiliate links - in language that is clear to an average consumer.
What Your Privacy Policy Must Say About Affiliates
Your privacy policy should include a dedicated affiliate disclosure section covering:
- That the site participates in affiliate programs and earns commissions from qualifying purchases
- Which affiliate networks you work with (Amazon Associates, ShareASale, CJ Affiliate, etc.)
- That affiliate links use tracking cookies to attribute sales to your site
- How long those affiliate cookies persist (Amazon: 24 hours; other networks often 30-90 days)
- That clicking an affiliate link and purchasing does not cost the reader anything extra
- Where readers can find per-article affiliate disclosures
| Affiliate Network | Cookie Duration | Privacy Policy Required? |
|---|---|---|
| Amazon Associates | 24 hours (90 days if added to cart) | Yes - required by operating agreement |
| ShareASale | Varies by merchant (typically 30-90 days) | Yes - required |
| CJ Affiliate (Commission Junction) | Varies by advertiser (typically 30 days) | Yes - required |
| Impact Radius | Varies by program (typically 30 days) | Yes - required |
| Awin | Varies by advertiser | Yes - required for GDPR compliance |
| ClickBank | 60 days | Yes - required |
Affiliate Network Privacy Policy Requirements
Beyond legal requirements, the affiliate networks themselves impose contractual privacy policy requirements. Here is what the major networks require:
Amazon Associates
The Amazon Associates Operating Agreement requires participants to have a privacy notice on their site that (1) discloses the use of cookies and (2) notifies users that third parties may set cookies. Amazon also requires you to include the specific statement: "As an Amazon Associate I earn from qualifying purchases." This must appear on your site, not just in your privacy policy.
ShareASale and Awin
ShareASale (owned by Awin) requires publishers to maintain a privacy policy and to comply with all applicable privacy laws. For European traffic, publishers working with Awin must sign a Data Processing Agreement and ensure their privacy policy meets GDPR standards, including disclosure of Awin's tracking mechanisms.
Google AdSense (Display Advertising)
If you run Google AdSense alongside affiliate links, Google requires you to have a privacy policy that discloses the use of advertising cookies. Google specifically requires you to provide notice that Google uses cookies to serve ads based on a user's prior visits to your website or other websites, and to provide a link to Google's opt-out page.
Data Collected by Affiliate Tracking Systems
When a visitor to your affiliate site clicks a link, multiple pieces of data are collected by various parties. Your privacy policy must accurately describe this data flow, even though much of it is controlled by the affiliate network rather than by you.
- Click data: Time of click, referring page on your site, affiliate link ID
- Device data: Browser type, operating system, screen resolution, IP address
- Behavioral data: Pages visited on your site before clicking the affiliate link
- Purchase data: Whether a purchase was completed, purchase amount (shared back with you for commission calculation)
- Geographic data: Country and sometimes city of the visitor, derived from IP address
Did you know?
Even if your affiliate site does not have a contact form or email signup, simply having Google Analytics installed means you are collecting personal data (specifically, hashed IP addresses and browsing behavior). This alone is enough to trigger privacy policy requirements in most jurisdictions.
GDPR Requirements for EU Visitors to Your Affiliate Site
If your affiliate site receives visitors from the EU - which most English-language sites do - GDPR applies to you regardless of where your site is hosted. This means you need a cookie consent banner, a GDPR-compliant privacy policy, and a legal basis for processing the personal data you collect.
What GDPR Requires for Affiliate Sites Specifically
- Explicit consent before placing non-essential cookies (analytics, affiliate tracking, advertising)
- A cookie consent banner that is genuinely easy to decline (not just an accept button)
- Your privacy policy must list the legal basis for each type of processing
- Disclosure of every third-party service that receives personal data (Google, Amazon, your affiliate network)
- Data subject rights section covering access, erasure, portability, and objection
- Contact details for submitting data subject requests
If you operate from outside the EU but target EU visitors (for example, you write reviews of products available in Germany), you may also need to designate an EU representative under GDPR Article 27. Failure to do so is itself a violation that can result in fines.
What to Include in an Affiliate Site Privacy Policy
Affiliate relationship disclosure
Clearly state that the site participates in affiliate programs and earns commissions. List the specific networks: Amazon Associates, ShareASale, CJ Affiliate, Impact, etc.
Cookie policy section
Describe each category of cookie: essential, analytics, affiliate tracking, advertising. For each, explain what it does, who sets it, and how long it lasts.
Analytics disclosure
Name any analytics services you use (Google Analytics 4, Plausible, Fathom, etc.) and explain what data they collect and how you use it.
Email marketing section (if applicable)
If you have a newsletter, explain what data you collect on signup, which email platform you use (Mailchimp, ConvertKit, Beehiiv, etc.), and how subscribers can unsubscribe.
Third-party links notice
Explain that your site contains links to third-party websites and that you are not responsible for their privacy practices. Encourage users to read the privacy policies of linked sites.
5 Common Privacy Policy Mistakes by Affiliate Marketers
Relying only on an in-content affiliate disclosure without a privacy policy
A disclosure like 'This post contains affiliate links' satisfies FTC requirements for per-article disclosure, but it does not substitute for a full privacy policy covering data collection, cookies, and user rights.
Not disclosing all the affiliate networks they participate in
If you list Amazon Associates but not ShareASale or Impact, the policy is incomplete. Every affiliate network whose cookies are placed on visitors' devices must be disclosed.
Using a no-consent cookie banner that does not actually offer a real opt-out
A cookie banner with only an 'Accept All' button does not meet GDPR requirements. Users must be able to decline non-essential cookies as easily as they can accept them.
Not updating the policy when joining new affiliate programs
Every time you join a new affiliate network, new tracking cookies may be placed on your visitors' devices. This requires an update to your privacy policy before you start publishing affiliate links from that network.
Copying the affiliate disclosure language from the network without customizing it
Amazon and other networks provide sample disclosure language, but this covers their legal needs, not yours. Your privacy policy needs to be tailored to your specific site, traffic, and data practices.
Frequently Asked Questions
Does an affiliate marketing blog need a privacy policy?
What does the FTC require affiliate marketers to disclose?
Do Amazon Associates require a privacy policy?
Do I need to disclose affiliate cookies to EU visitors under GDPR?
Can I use the same privacy policy for multiple affiliate sites?
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