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Nink: From Cancer To COVID – 12 Tips for Surviving and Thriving at Writing While Stuck at Home

This article by Gigi Pandian is from the March 2021 edition of Nink, the monthly newsletter of Novelists, Inc.  (NINC). Nink, which is packed each month with informative articles for career novelists, is a benefit of NINC membership. 

When COVID began to spread in early 2020, we were all shaken by our distressing new reality. For most of us, lockdown was a new experience to navigate. For me, I’d gone through something similar a decade ago, so I had a jump-start on figuring out how to keep writing, both emotionally (writing through incredibly stressful circumstances) and physically (writing at home in a small house I share with my husband).

Nearly 10 years ago, when I was just beginning my writing career, I was diagnosed with aggressive breast cancer. I was 36, with no family history of the disease. Needless to say, I was not prepared for this news, nor the year of cancer treatments that would follow and knock out my immune system. I was forced to stay home, isolated from the world, for much of the year.

A dramatic life event, like cancer or COVID, can help put priorities in perspective. I knew I needed to focus on my health and my loved ones, and also my dream of being a writer. But how?

Before cancer, I was not someone who could write at home. By trial and error, I learned many things that year that have served me well in this year of COVID.

Below are a dozen tips that helped me successfully complete a novel during my year of isolated illness during cancer treatments and write two novels during lockdown—while keeping my day job. That cancer-year novel was the one that propelled my career to the next level, and one of this year’s novels sold at auction, which was a first for me.

1. Stay offline. Install an app on your computer that saves you from yourself by turning off the internet. I don’t know about you, but I cannot be trusted to do this myself. I think I’ll look something up for book research or to check the news “for just a minute.” It inevitably turns into 30 minutes—or longer. To save me from myself, I use an app that turns off the internet for a specified amount of time, such as a 45-minute work block, or even for the whole morning. If I forget and try to view a browser, my app shows me an inspirational quote instead, such as A journey of a thousand miles begins with a single step. (I use Focus on a Mac, and many writers I know enjoy Freedom. There are others too.)

2. Put your phone in the other room. This was difficult for me at first. Very difficult. But I promise the world will not end if you don’t look at your phone for an hour.* Especially if you have any notifications that will pop up and distract you, leave your phone in the other room, or at the very least far enough away you cannot reach it from your chair. (*If you really do have a reason you need your phone, such as awaiting a call from a doctor or elderly parents, change your settings so your phone will ring for preset priority callers even if your sound is off for everything else.)

3. Create your own background noise. Listen to café sounds, rain sounds, or instrumental music. While experiencing stressful circumstances, it’s especially easy to get distracted by small noises around you. It helps if you control the noise. iTunes and other apps have background sounds of all kinds, including café sounds (I found one that reminds me of my favorite café where I used to write). Some days you might feel like visiting a café, and other days a rainstorm will do the trick. Thunder on the speakers can give your creative brain a boost, whereas hearing the laundry cycle stop will throw you out of the story. Maybe you like classical music or some other type of music that serves as relaxing background music.

4. Join an online writing meet-up. It’s amazing how much you can get done in 30 minutes to an hour, and it’s so much easier to get started if you know there are online friends waiting for you. There are a lot of public write-ins organized online, many through writing organizations, or you can form one yourself with writer friends at a time that works well for you. My favorite is one I organized with a few writer friends because we agree to chat about life for 15 minutes before we start writing. It’s a good balance of having support for the stresses of life and being productive.

5. Find an accountability partner. Beyond online meet-ups, tell someone your goals. It’s much easier to keep them if you’ve said them aloud to someone else. See if you can find a writer friend to check in weekly to report back to each other about your progress. Or perhaps you want to tell your spouse or post your goal publicly on social media.

6. Try a writing prompt. A writing prompt can help your fingers start moving when you don’t know what to write next, or when you can’t still your mind from the real world around you. A prompt can be something like “take away one of your main character’s senses” or “an unexpected package arrives on the doorstep.” You don’t have to come up with them yourself; there are many online resources and books. You can experiment with what type of prompt works for you.

7. Pick up a paper notebook. The brain works differently on paper than on a computer, so if the words aren’t flowing on screen, try putting a pen to paper. If you’re having trouble writing the first word on that blank notebook page, because the stressors of the world around you are vying for attention, my personal trick is to write the word “perhaps.” That way, your brain knows this doesn’t have to be the way the story goes, but “perhaps” this happens. On paper, you might be able to write wild ideas that you were too afraid to write as “real” words on the computer.

8. Go outside. Step into your backyard or balcony. Sitting inside next to a window isn’t the same as fresh air, so take that paper notebook outside. Even when you can’t go far, a little bit of fresh air does wonders. When I was going through cancer treatments, I didn’t always have the energy to go far, but even looking up at the trees (in my small, semi-urban backyard) did wonders for my mental state.

9. Shift your view inside the house. This is for those of you who don’t have a dedicated writing room. I have a desk in a room that needs to serve multiple purposes. I sit at one side for non-creative work, then switch to the other side of the desk, with a different view out the window, for my writing. The small physical change can lead to a big mental shift.

10. Take a break to move your body. Yes, this tip is obvious, and I know you already know this. But as writers, all too often we forget this, so I’m including it here. It doesn’t have to be exercise. Stretching for a few minutes counts too. However, simply refilling your coffee mug doesn’t!

11. Ritual. Find something that signals your brain you’re writing fiction now. My ritual is that I plug a typewriter keyboard into my laptop when I’m going to write fiction. The clacking of the keys tells my brain it’s time to be creative. Maybe you light a candle with a particular scent, or drink coffee from a special mug with an inspirational quote. Whatever it is, give yourself that signal that it’s time to push aside the real world for a dedicated amount of time, however small. This is your writing time.

12. Go easy on yourself if you’ve had a bad day. This is the most important tip. Even with all of the lessons I learned in 2011 and 2020, I’ve had some lost days. A lot of them. I didn’t stick to the beautiful schedule I planned in my calendar, but I still got new books written that I’m proud of. Now it’s time for me to get back to work on the next one.

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Gigi Pandian is a USA Today best-selling and Anthony Award-winning mystery author, breast cancer survivor, and accidental almost-vegan. She writes lighthearted mysteries a cross between Indiana Jones and Agatha Christie. Stay in touch via her monthly email newsletter and find her on Instagram @GigiPandian.

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Nink: Writing Flashbacks

This article by Joanne Grant is from the February 2021 edition of Nink, the monthly newsletter of Novelists, Inc.  (NINC). Nink, which is packed each month with informative articles for career novelists, is a benefit of NINC membership. 

One of the many magical qualities about fiction is the ability to step back and show the reader an exact moment that had a great significance to characters, or the plot, in the present. It’s the literary equivalent of a time machine! However, there is some debate about the use of flashbacks. Some feel it is a clumsy way of telling backstory, when this could be shown in the present, while others feel a well-placed flashback can provide much needed context for where the characters are in their current lives as to their conflicts and motivation

As with so much about writing, I would argue that flashbacks are all in the execution. A badly placed or obsolete flashback can frustrate the reader – which is a crime indeed – whereas an effective flashback can enrich the front story, create tension, and compel the reader forward.

Here are some practical tips to avoid being found guilty of some of the most common of flashback crimes.

Crime #1: Flashbacks kill the pace!

If you are going to interrupt the forward momentum of the story by including a flashback—it better be for a good reason. Otherwise you are essentially killing that all-important pace. Here are some practical points to consider when it comes to pacing.

When to include them?
Ideally, do not include a flashback until you have established a brisk pace, ensuring your reader has had time become invested in your story and characters before they are transported back in time. Insert a flashback too soon and you may stop that pace before it’s really gotten going.

How long should they be?
The length of a flashback will affect pace—too long and the reader may become impatient, flicking forward to get back to the main story, or too short and they may question whether it was even needed. To keep it just right, ask yourself, is it advancing the plot? Is this necessary to be revealed here? Question whether there is a way to share the same information with the same impact in the front story—if there is, you probably shouldn’t be adding it into a flashback. And is it actually engaging to read? You may be using a flashback to convey information but you still need to keep you reader entertained!

How to transition in/out of them?
To keep the pace flowing and smooth, how you transition in and then out of your flashbacks is important—nothings disrupts pace like a clumsy transition between scenes! It is convention to use italics for flashbacks, but this alone is not enough to orientate your reader so ease into scenes as you usually would for scene transitions. You could explicitly spell out how far back the flashback is with time markers such as “six years earlier,” or orientate the reader in a specific period in time such as “it was the Summer of ’95.”

Also, think about what your trigger is that logically leads back in time, and similarly the trigger to return back to the present day. If your flashback is directly from a character’s point of view, you may want to use a “Proustian moment”—where a physical sensation such as taste or smell triggers a memory—which makes sense of why the character is having this flashback. You can use a similar technique to move the character out of their reminiscence and back to the present.

How many?
Flashbacks can be a great literary device but be mindful about chopping and changing between past and present too frequently, unless this is the convention of your chosen genre. This could cause a start/start feel to your pace. While there is no fixed rule as to how many, what is the purpose of each flashback?

Crime #2: Flashbacks are boring!

Your reader runs the risk of being bored by your flashback if you get the timing, length and frequency wrong, but what about content? The main accusation thrown at flashbacks is that they do nothing more than tell backstory which isn’t interesting to read, especially when it can be shown in the front story in a more engaging way.

So how can you avoid this? First of all, recognize that your flashback scene has to be as engaging as your front story, but it must also serve a specific purpose, one that cannot be achieved any other way. Here are some of the key purposes of flashbacks which are by no means boring!

Character motivation and empathy
A scene that shows character motivation adds a deeper understanding to why characters are behaving how they are in the front story. By showing it in real time, the flashback can also help to create reader empathy towards a character that may not have otherwise been felt. This can be especially impactful if the character has been significantly changed by a past event. It allows the reader the rare insight into who the characters were before their life took them on a different track. Learning this information can be enjoyable as well as illuminating to the reader.

Create tension and foreshadowing
Secrets and foreshadowing in flashbacks create tension that, as a result, can spur the reader forward. There can be delicious tension added to the front story by revealing something significant from the past. For example, providing information to the reader that isn’t yet known to a key character or other characters puts the reader in-the-know and compels them eagerly forward to the point of reveal in the front story. Everything you write should propel the reader forward—even if you are going back in time!

Crime #3: Flashbacks don’t add anything!

Like everything in your story, flashbacks must add something. If the information conveyed can be included in the front story without disrupting the linear narrative, then why would you add a flashback?

It’s all about the emotional core!
There is certainly room for added drama, tension and character development, as already highlighted, but for me, flashbacks pack the biggest punch when they tap into emotion. A well-executed flashback will speak to the emotional core of the story and will link into the character’s internal and external conflicts. Flashbacks also can provide an immediacy of emotion that isn’t possible any other way.

Ironically, one of the accusations against flashbacks is that they lack immediacy because by definition, the events have happened in the past. However, when done well, you can overcome this. For example, a character can explain how they felt when something happened to them, but show the scene from the past in real-time and the reader then can witness the characters experiencing it first-hand.

This can have true power and impact, especially when what happens is an event that is a key turning point for the character. Seeing this scene can help a reader deepen their empathy and understanding of a motivation and therefore return the reader to the front story with a new and reinvigorated perspective on a character.

* * *

So, did you find yourself guilty or not guilty when it came to the flashback crimes? Hopefully you will have thought of new ways to address writing flashbacks, or maybe you are still very much firmly in the ‘say no to flashback’ camp. Either way, it is a good reminder that when you are utilizing any literary device, especially one with magical powers—approach it with respect, understand its purpose and wield its magic sparingly!

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Joanne Grant is an Editorial Coach with over 16 years of expertise working for the global publisher Harlequin. Joanne has edited hundreds of romance novels over the years and understands how to coach authors of all genres to deliver their best work. If you’re interested in finding out how she can help you achieve your writing goals, get in touch – Joanne loves to chat! For inspiration, tips and offers why not sign up to her newsletter, join her Facebook group Motivation for Writers! or connect on Twitter @JoanneMGrant.

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Nink: What Reality TV Taught Me About Writing

This article by Nicole Evelina is from the February 2021 edition of Nink, the monthly newsletter of Novelists, Inc.  (NINC). Nink, which is packed each month with informative articles for career novelists, is a benefit of NINC membership. 

Reality TV has been in our lives since The Real World debuted on MTV in 1992, and the genre as we know it really took off in the early 2000s with the success of Survivor and American Idol.

Up until recently I wasn’t much of a reality TV fan. I watched the first season of The Bachelor (silly me, I thought it was real) and the first season of Rock of Love (I loves me some ‘80s hair bands). But recently I started watching more shows and it didn’t take long for me to realize I was learning a lot about writing by watching these “unscripted” shows. Here are several things I’ve learned about writing from watching reality TV.

The power of editing
In NINC, we are all experienced professional writers, so I don’t have to tell you about how editing can make or break a book. Reality TV is really the best way to see how editing can change a story. Depending on how a scene or episode is edited, an innocent conversation between two friends can be made to look like a cat fight. We need to remember this when we are attacking our own work or working with a professional editor. If an edit changes our original intention, is it worth fighting for your original text? In some cases, yes. In others, that same edit might open your eyes to a whole new possibility for your book you hadn’t considered. Also, think about perspective and the way it alters a story. Depending on whose eyes we’re seeing a scene through, it could be very different than through someone else’s.

Don’t rely too strongly on stock characters, but don’t forget them either
Raise your hand: who has rooted for “the bitch” or “jerk” character on a reality show? I know I have. If you leave out these fan faves (see also the “good girl,” the “BFF,” the “anti-hero,” etc.) your audience could be disappointed, because they love them. However, if you have too many stock characters and don’t give them memorable characteristics, or a definitive voice and/or a reason for the reader to cheer or jeer, you’re going to have a cast of cardboard characters that readers will reject. (See Million Dollar Listing: Hamptons for a reality TV example.) The reason we love the bitch and the jerk are that they inspire powerful emotions in us, usually loathing. But the BFF can do that too, especially if they make us want to have them as our BFF. When you have beta readers read your book or get ARC reviews back, look at how people are reacting to your characters. If that strong emotional tie is there, you’ve likely transcended stock status.

The power of branding
Seasons two and three of Selling Sunset started to introduce branded elements into the show. The cast began carrying around coffee mugs with the real estate firm’s logo. When they did a photo shoot (because everyone does those in real life, right?), they dressed in carefully chosen brand colors—those sitting on the couch were flanked by pillows bearing the company name and logo. But the one that really got me was when they started having Oppenheim Group branded wine at their broker’s open houses. Um, who doesn’t want their own branded wine? Consider where you can put your logo besides your website, Instagram, etc. If you want fun ideas for swag that sells, check out the September 2020 issue of Nink where Linda Gilman leads us through some unique ideas.

Cliffhangers
Reality TV loves nothing more than to hook you and keep you binge-watching. Big Brother does this in each episode when the narrator says, “Who will win the power of veto?” or “Who will win Head of Household?” Big Brother has such a fan following people sign up to watch “After Dark” so they can get the spoilers before the episodes air. As you plot out the ending to each book in your series, consider if a cliffhanger would work.

Plot twist!
In order to keep viewers interested, every so often reality TV throws a curve ball the contestants (and often the audience) didn’t see coming. This one’s pretty self-explanatory, but it’s Big Brother’s double eviction and The Amazing Race’s Phil Keoghan telling the last team it’s a non-eviction round. The key is to surprise your readers, but in such a way that they can look back and see the clues you’ve  been leaving them all along.

We all crave fantasy
Have you ever noticed that reality TV always takes place in glamorous locations like Los Angeles, New York or London, or that the shows jet their contestants/characters off to exotic locales? No one wants to watch actual reality. Selling Sunset ups the glam not only by taking place in LA, but by featuring a realty brokerage that only caters to elite clientele.  Everyone dresses to the nines, attends really cool parties and tours huge houses. Viewers drool over how the other half lives. No matter where or when your story takes place, what fantasy can your book fulfill for your readers? Romance clearly plays to the human fantasy of falling in love with our ideal mate. Historical fiction takes us back in time and into the minds and hearts of people we’ve studied in school. Sci-fi allows us to dream of a better/different future. Even horror and domestic suspense tap into the dark fantasies we may not wish to admit to.

The ensemble matters
For reality shows to spin off, characters must connect with the readers. Randy Fenoli doesn’t even work at Kleinfeld’s any longer but Say Yes to the Dress can’t exist without him (or Monty in Say Yes to the Dress, Atlanta). However, some spinoffs can have too much of the same thing (example: any Real Housewives or Vanderpump Rules). When a character is popular it is because of a characteristic that makes them stand out from the ensemble; however, what most people fail to realize is the ensemble must avoid being “too much.” On Selling Sunset, over-the-top Christine threw a “Botox and Burgers” buyers open house, and she threw herself a lavish engagement party complete with a live zebra. But without those who temper her, she would be too obnoxious on her own. The same holds for series/books we may write based on secondary characters introduced elsewhere. Make sure you ask yourself how you can provide a foil for that character that will temper them like the original cast did. What will you do to keep their outstanding traits from becoming overkill once they are on their own?

Innovative and controversial = press and popularity
Look no further than Indian Matchmaking to try to understand why anyone in the 21st century would still agree to an arranged marriage. On the surface, this seemed innocent enough, but the show also revealed prejudices that run deep in Indian culture, such as a desire for a bride who is not only tall, light-skinned, and thin, but not too outspoken, career-driven or independent. This, naturally, ignited discussion online and resulted in press coverage, which sent even more people to Netflix to see what the big deal was about. Same for why viewers tune in for Married at First Sight or My 600-lb Life. What these shows reveal is that if we embrace the unusual or controversial in our books, it could lead to viral word of mouth or even media interest, both of which sell books. But we have to be careful because it can also blow up in our faces (because unlike TV, which is designed to incite visually, our books do not have this optical aspect). The innovation has to make sense in the plot and should be treated in a way that doesn’t offend anyone.

Be careful of trying to ride others’ coattails
You know how when one book is a hit everyone tries to write the next one? Reality TV is the same way. After Selling Sunset, Netflix put out a show called Million Dollar Beach House. It may be the worst reality show I have ever seen. It was clearly trying to capitalize on Selling Sunset’s success, with characters who were similar, but not believable, totally forced drama, and arbitrary dips into the cast’s personal lives (that I totally didn’t care about). The only thing it had going for it was the beautiful Hamptons homes. This shows that just because you have the same formula that worked for another show/author, unless you have the passion for it and take the time to make the story work, it won’t necessarily be a hit.

In conclusion
While I still dread calling myself a reality TV fan (but let’s face it, I am), I’m glad my brain needed a break because I learned a lot about storytelling by paying attention to what works and what doesn’t for me. However, just like with books, what I like, you may hate, and vice versa. But next time you turn on the TV to tune in to your favorite “unscripted” show, take note of what works for you and what doesn’t and why. You just might be able to incorporate it into your next book.

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Nicole Evelina is taking a break between books. She just finished her first biography and will start a historical fiction book soon. But for now, you can find her watching The Home Edit (which she doesn’t really like but watches anyway) and not so patiently waiting for the fourth season of Selling Sunset.

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Nink: Dialogue Tags

This article by Joanne Grant is from the January 2021 edition of Nink, the monthly newsletter of Novelists, Inc.  (NINC). Nink, which is packed each month with informative articles for career novelists, is a benefit of NINC membership. 

“What’s the fuss all about?” she asked, quizzically.

There are lots of “rules” in writing and with them a hive of opinions and debates. In this article I am going to bravely wade in with some thoughts on the dialogue tag “rule,” which is this: only use the verb “said” unless absolutely necessary. Now the chances are, you will have strong feelings about this use of said, and are firmly in the “for” or “against” camp. However, if you’ve never given it much thought until now, then I want to say “I’m sorry!” Because it seems that when it comes to the humble verb “said” there is actually a lot to be “said” about it!

So what is the fuss all about? I am here to put your mind at rest, offer up some tips and suggestions, and I promise, there won’t be a “rule” in sight. Let’s start by looking into the basic arguments between using “said” versus more descriptive verbs in dialogue tags.

Put simply, a dialogue tag serves to show the reader who is speaking. It is a tool to orientate the reader and smooth their passage through the story.

Against
Purists who argue for the use of “she/he/they said” only, do so because they believe anything else detracts away from the dialogue, action and intrudes on the story. Dialogue tags are functional and therefore should be “invisible” to the reader. There is also an additional argument that the use of alternative verbs, or heaven forbid, an adverb (see article tagline!) is at the best amateurish, or at the worse, just plain wrong.

For
On the flip side, those in the for camp could argue that relying on plain old “she/he/they said” is well, boring! It is creatively limiting when there is a wealth of verbs just longing to be whispered, muttered or shouted—why wouldn’t you want to pepper your prose with a little more flavour?

But which side am I on?
This argument made me think back to my school days where we were encouraged to find creative alternatives to “said” to expand our vocabulary and pep up our creative writing. I am sure the results were indeed “amateurish” and I can’t help but wonder whether the cringeworthy results of this language exercise have left a scar on some writers!

But as an editor, what do I think about dialogue tags? To be honest, I have never felt that strongly about them. That is because when they’re handled well, I hardly notice them—if they don’t bother me, I don’t bother them! I completely agree that their role is functional and can be near on invisible to the reader, but when I do notice them it’s usually because:

  • There is a lack of them and I have lost track of who is speaking—very annoying!
    or
  • They jump out at me by being ill placed, irrelevant, or just plain bizarre!—and ruin the flow of the story.

Now, my research shows that not all editors will feel as neutral as I do about dialogue tags. This suggests that it is rather a question of personal taste, which is why rules simply cannot exist—it is subjective. As a writer, therefore, how do you navigate this potentially divisive terrain?

Research
I always advise that you research the conventions of the genre you are targeting to give you a flavour of not only content, but also details such as verb usage in dialogue tags. Notice how they are executed, how frequently and whether it is a quirk of the writer, or if there is a convention across the genre. And if you find yourself reading for research but forgetting to notice dialogue tags, it’s likely because they have been handled beautifully. Go back and read with more detail to spot them!

Purpose and techniques
Once you’ve identified the preferred usage of dialogue tags it’s time to apply your learnings. Whether you’re in the “for” or “against” camp, it is still important to communicate clearly what your character is saying. The following examples can help you execute your chosen dialogue tag in an effective way.

Redundant tags
If you’re thinking of using a more descriptive verb or adverb, question whether they add information or meaning that isn’t obvious through dialogue and action. If nothing is added, it is likely redundant and you are in the dangerous territory of telling what you have already shown. Here is an example:

She slammed the door and glared at him. “How dare you talk to me like that?” she asked angrily.

The addition of the dialogue tag in this instance is redundant: “asked” due to the punctuation and “angrily” because it is clear from her actions that she is angry. As a result, the dialogue tag just adds words and potentially slows the pace of whatever the response will be. Using this type of action, followed by the dialogue can help eliminate the need for a dialogue tag entirely.

Aural tags
Whereas, if you want the reader to hear the dialogue and appreciate the volume of what is being said, for example, an aural tag such as “whispered,” “muttered,” or “shouted” can help. Not only can this bring dialogue to life in a way that isn’t obviously communicated through dialogue or action, it alters the meaning too.

There is a big difference between:

“I hate you!” she shouted.

“I hate you!” she whispered.

Obviously, the action around the dialogue will help to fill in the blanks, but If you were a purist, and simply went with “she said” then the action would have to do most of the talking. After all, the meaning of the words can be changed entirely depending on how they are delivered.

As you can see, there isn’t a right or wrong way! And plumping for “she/he/they said” only is actually more difficult that it may appear! Whatever side you end up on, and let’s be honest, there is a hybrid option available, it is all about finding what’s right to your author voice as well as the genre of fiction you are writing, and then finding a match with an editor who feels the same.

I appreciate it takes skill from the writer to execute tags in such a way that they fulfill their function and play an unobtrusive role and seamlessly bring the dialogue alive, but I can honestly say that I have never passed on a submission because dialogue tags—and you can quote me on that!

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Joanne Grant is an Editorial Coach with over 16 years of expertise working for the global publisher Harlequin. Joanne has edited hundreds of romance novels over the years and understands how to coach authors of all genres to deliver their best work. If you’re interested in finding out how she can help you achieve your writing goals, get in touch – Joanne loves to chat! For inspiration, tips and offers why not sign up to her newsletter, join her Facebook group Motivation for Writers! or connect on Twitter @JoanneMGrant.

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Nink: Taking A Peek At Website Privacy Policies

This article by Barbara Meyers is from the January 2021 edition of Nink, the monthly newsletter of Novelists, Inc.  (NINC). Nink, which is packed each month with informative articles for career novelists, is a benefit of NINC membership. 

Are you required to have a privacy policy on your website? If your website is based in the United States, the answer is yes—and you might be violating Federal Trade Commission (FTC) rules if you don’t have one. If your website reaches audiences in the European Union, you also must comply with General Data Protection Regulation (GDPR).

Not following compliance guidelines can lead to liability. Likewise, if you have a published policy but don’t follow it, someone could make claims against you for deceptive or unfair trade practices. Plus, those who view your website may be more comfortable knowing there’s a policy that spells out exactly what information you collect during their visit and how it’s used.

While most states have no laws regarding website policies, California and Vermont have been more aggressive in increasing privacy protections. The California Consumer Privacy Act (CCPA), took effect Jan. 1, 2020, and focuses on how businesses collect and use Californians’ data. Even if you are not a California resident, your website is accessible to those who are. CCPA is meant to address website operators selling data directly by using lead generation companies and direct marketers, or by sharing personal data with ad networks through cookies without disclosure. Violations fall under California Unfair Competition Law and can incur a penalty of $2,500 per violation.

Vermont recently signed into law legislation (Senate Bill 110) to address a number of issues related to data privacy and consumer protection, such as expanding the definition of personally identifiable information (PII) for purposes of data breach notification requirements for data collectors. Under the Vermont Security Breach Notice Act, data collectors are required, in certain instances, to report data breaches of PII.

The General Data Protection Regulation (GDPR) in Europe takes these rules a step further, requiring consent prior to data collection.

While everyone should have a privacy policy on their website, Layne Lyons, JD, says you especially should if you:

  • Collect personal information from residents of the state of California (you'll need to have a privacy policy which includes CCPA-specific requirements).
  • Collect information for a newsletter, giveaway or any kind of an opt-in where you give a freebie in exchange for their email—you should definitely make visitors aware of how you plan to use their personal information.
  • You sell via your website—in this case the need for a privacy policy is even greater.

What is a privacy policy and what is included?

Lyons explains that your privacy policy “tells your website visitors what information you collect, how you use that info, how you share it, how you store it, how you protect it and, very important, how they can opt-out if they want.”

A policy missing any of those key elements will fail to protect the business owner. Further, Lyons said, “The risk of not having a properly drafted policy is tremendous. Facebook has had billions of dollars of fines levied against it for failing to have one component of their policy adequately drafted and followed. It is essential that all of the elements be precisely addressed by someone who understands each facet and how to ensure compliance.”

Attorney Philip Nicolosi points out that often failure to write a proper policy stems from website operators not understanding the definition of personal data. For example:

  • In California, under the CCPA, an IP address is specifically considered an item of personal data on a stand-alone basis. Cookies use unique identifiers to identify a device in connection to its IP address. Uninformed website operators may incorrectly define and then not disclose what is actually collected and shared.
  • An open-source platform such as WordPress allows for the integration of millions of free and paid plug-in applications to facilitate operating the website. Those plug-in operators/creators may be collecting data through each website that has installed and uses the plug-in. In fact, one of the most common privacy policy mistakes is not understanding what is collected by third parties while operating a website.
  • The use of email marketing services such as Mailchimp gives these third parties access to personal data, such as an email address. In theory, using third parties to operate the website or for marketing purposes that have access to personal data in any capacity should be disclosed regardless of how such parties are using data.

The issue of data collection and disclosure is primarily all about controlling unauthorized selling and/or sharing of personal data without notification. The FTC Act controls data collection disclosure through restricting "deceptive practices." Not disclosing how an individual's personal identifying information is shared with third parties is deceptive.

How to create your policy

So where do you go to find legal documents for use on your web site? Both attorneys interviewed provide privacy policy and other legal documents for web-based entrepreneurs. Check out:

Keep in mind, however, the free sites may offer no support or any way to get your questions answered. A good policy includes several requirements regarding the setup for your website, for example Secure Sockets Layer (SSL), so it can be worth it to have someone to go to for assistance when you need it. SSL is a secure protocol developed for sending information securely over the internet. When you are asked to "log in" on a website, the resulting page is usually secured by SSL. If a web address starts with "https," the "s" after the "http" indicates the website is secure.

No matter if you do it yourself or get an expert to help with your policy, make sure your policy is written in easy-to-understand language. Lyons says she sees a lot of policies written in “impossible-to-understand legalese, filled with legal jargon and old English wording. Having clarity with all legal documents is empowering for an entrepreneur and will foster confidence and peace of mind.”

In the interest of full disclosure, I was one of those website operators who didn’t know I needed a privacy policy. I took advantage of Layne Lyons’ free web site review and half hour consultation before she drafted my website policies.

(Editor’s note: If you do not have a webmaster, your web hosting service can help you set up and install an SSL Also, many free plug-ins are available to help you set up the “This site uses cookies” banner that should pop up on your website when a visitor lands on it. This banner alerts visitors you are collecting data, and if set up to do so, one click can allow a visitor to review your privacy policy.)

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Barbara Meyers writes contemporary romance and women’s fiction. Her latest release is the romantic Christmas novella, A Family for St. Nick.

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