Important Steps to comply with Privacy Laws
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Important Steps to comply with Privacy Laws

Important Steps to comply with Privacy Laws

Friday, February 17, 2023 / Michael Kettenring

Marketeers may already get a high blood pressure reading this. But it is not all bad. Here is an easy guide to make your marketing  GDPR and CCPA proof.

What is GDPR and CCPA?

Let us touch on the two most prominent privacy laws:

  • The General Data Protection Regulation (GDPR) is a European Union regulation that governs how companies collect, process, store, and use personal data. If you have a website that collects personal data from users in the EU, you need to comply with the GDPR.
  • The California Consumer Privacy Act (CCPA) is a data privacy law that went into effect on January 1, 2020, and applies to businesses that collect, process, or sell the personal information of California residents.

11 Steps to comply with Privacy Laws

Here are the most important steps you can take to comply with the GDPR and CCPA  in your marketing initiatives and on your website:

1.    Use secure data transfer and data storage methods: You need to use secure methods to protect your customers' personal data, including encryption and access control measures.
2.    Provide clear and concise information: You need to provide your users with clear and concise information about the data you collect, how you use it, and who you share it with.
3.    Obtain consent: You need to obtain explicit consent from your users before you collect, process, store, or use their personal data. This is usually achieved by a pop up page on which the user needs to acknowledge the consent.
4.    Allow users to access their data: You need to allow your users to access their personal data, correct it, and request its deletion. Best is to create a request form placed in your privacy statement to offer this feature.
5.    Use secure methods: You need to use secure methods to protect your users' personal data, including encryption and access control measures. This basically canm be achieved by choosing a reliable SSL encryption for the website that encrypts the data transfer between the user and your web server, access control to personal information of users, and encryption of sensitive data.
6.    Update your privacy policy: You need to update your privacy policy to reflect how you handle data, including providing users with clear and concise information about their rights and how you process their data. Publish this privacy statement on the website as a link in the footer menu.
7.    Provide opt-out options: You need to provide your users with the option to opt-out of the sale of their personal information, if this is part of your business model. The user must also be able to opt-out of receiving unwanted marketing communication. Make sure that transactional communication is not affected by this opt-out feature.
8.    Do not discriminate against users who opt-out: You cannot discriminate against users who opt-out, including by charging them higher prices or providing them with lower-quality services. (CPPA)
9.    Obtain consent from minors: If you know that you are collecting the personal information of minors under the age of 16, you need to obtain their consent and, for minors under the age of 13, the consent of their parent or guardian.
10.    Conduct regular assessments: You need to conduct regular assessments to ensure that your website remains compliant with the GDPR.
11.    Appoint a Data Protection Officer: If your website collects a large amount of personal data or processes it on a large scale, you may need to appoint a Data Protection Officer (DPO) to ensure compliance with the GDPR.

It's important to note that the GDPR and CPPA are complex regulations, and there may be additional steps you need to take to comply fully with their requirements. Therefore, it is recommended that you seek legal advice to ensure that your marketing activities are fully compliant with the laws.

Next: What is The CAN-SPAM Act and how does it affect my email campaigns?

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