Navigating Data Privacy Laws: What Marketing Agencies Need to Know in 2024
Data privacy is a top concern for marketers who want to stay on the right side of the law. With fines reaching millions of dollars depending on which laws are broken, it’s just not worth ignoring the increasingly stringent rules of privacy compliance. Knowing how to navigate the twists and turns of data privacy and security can help provide marketers with peace of mind.
Be Aware of Geographic Data Privacy Laws and Their Differences
Several states have their own data privacy laws that apply alongside national laws — not instead of them. Any business that operates any aspect of its operations within the EU must adhere to GDPR rules. This includes if you process the data of anyone in the EU — for example, if an EU resident signs up for your mailing list, you must protect their personal data to GDPR standards.
That’s why many organizations ensure they meet GDPR requirements to cover themselves in case of eventualities like this.
Notable points include:
At least 19 states have their own privacy laws including California, Oregon, and Texas.
If you do business in Canada as well as the States, you must adhere to the Personal Information Protection and Electronic Documents Act (PIPEDA) although this may soon be replaced by the Consumer Privacy Protection Act (CPPA) and various laws regulating the use of AI.
The GDPR states that everyone should have access to what data an organization holds about them and that this data can’t be used for marketing without consent. There’s now also an EU-U.S. Data Privacy Framework to help American organizations adhere to the relevant rules.
If you can ensure you’re gathering data in non-invasive ways, using that data with the owner's consent, and storing it securely, you shouldn’t fall foul of any privacy laws. Always check what laws are applicable in your state.
Prepare for the End of Third-Party Cookies
We recently reported on the crumbling of the third-party cookie and its potential impact on marketers. Prepare for the rise of first-party data — gathering information directly from your clients and their customers.
Contact forms, chatbots, and tick boxes to gain consent for data usage are an essential part of data collection.
Final Word
Keeping up to speed with changing data privacy laws might seem challenging but by engaging other marketing experts, you can make sure you don’t accidentally make a serious compliance error. To find out more, book your free 15-minute introductory call with a member of the team here at Arch Collective.
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