Privacy is the number one concern for online consumers, with 86% of users taking active steps to improve their safety online, according to Brandon Gaille. As more data privacy regulations and guidelines are enacted by governments, industries, and privacy organizations around the world, it’s becoming increasingly important that marketers understand and follow these rules — or face penalties and fines.
We know that demographic information is beneficial to customers because it provides them with a more targeted, personalized experience. In fact, 90% of executives surveyed by AdAge say they depend on consumer data for their marketing efforts. Brands don’t want to waste their time — or their prospects’ time — by sending messages that won’t convert.
Information storage also benefits customers. When customers save their addresses or credit card information with their favorite online retailers, for example, they’re able to make purchases more quickly.
Even today, marketers can collect a wealth of data on consumers online. To provide customers with a positive, personalized experience, we need their data. However, marketers are also legally obligated to treat this personal data responsibly and ethically. To do so, you must be transparent about how you use data to inform your marketing activities. Truly protecting customer data involves more than defending your network from hackers or posting a boilerplate privacy policy.
Key Data Privacy Regulations and Guidelines: United States
The steps above are great general guidelines, but how do you know if your privacy policies are compliant with the growing number of new regulations?
In the U.S., there is no single regulator for data protection, as regulations are typically created and enforced at the state or industry level. One of the most stringent standards is PCI DSS (Payment Card Industry Data Security Standard), developed by credit card issuers such as Visa and MasterCard to ensure the security of online credit card transactions. In other words, if you run an eCommerce website of any kind, you must follow the rules laid out in PCI DSS.
Global Regulations — and Why They Matter
Though the U.S. has made some progress in introducing privacy laws over the past few years, it still lags behind Europe, which continues to enact strong privacy legislation. Because most mid to large-sized companies sell products and services globally, it's essential for marketers — even in the U.S. — to understand how international regulations may affect them.
The European General Data Protection Regulation (GDPR)
One regulation that has had a major global impact is the EU General Data Protection Regulation (GDPR), which went into effect on May 25, 2018. Despite the word “European” in its title, this law applies to any company that sells to or processes the personal data of European citizens or residents — or anyone who creates data within the EU.
This “data creation” can include purchases or form submissions during a sales or marketing interaction. As you can imagine, this has pushed marketers worldwide to strengthen their privacy and opt-in procedures to ensure compliance. GDPR has essentially become the gold standard for protecting consumer data — and U.S. marketers who fail to meet these standards risk serious consequences.
Conclusion
Stay diligent. Privacy regulations are constantly evolving, and your marketing policies must keep pace. It’s not too late to review your current policies and make necessary updates. Doing so could save you significant trouble — and fines — in the future.
