2024 Marketing Data Privacy: 6 Laws and 8 Expert Tactics To Know

April 17, 2024

ViB Editorial Team

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86% of US consumers express growing concerns about marketing data privacy, so if you’re worrying about it, you’re really not alone.

In fact, 75% of the world’s population will have its personal data covered under modern privacy regulations by the end of 2024. 

But what exactly do these marketing data privacy regulations entail, and what new strategies must we consider for our business today? Let’s talk about it.

6 marketing data privacy and spam regulations to know

Marketing teams handle loads of consumer data. This means we’re directly impacted by data privacy and spam rules. 

So, it’s crucial to understand and follow these regulations for legal compliance — and to keep our customers happy.

1. US State Privacy Laws:

With the absence of a comprehensive federal privacy law in the United States, individual states have taken matters into their own hands by enacting their own privacy legislation. States such as California (CCPA), Virginia (VCDPA), Colorado (CPA), and others have implemented stringent regulations concerning consumer data privacy

These laws typically grant consumers rights such as:

  • Access to their personal data
  • the ability to correct inaccuracies
  • the right to opt-out of data sharing and sales.
Data privacy regulations are taking over marketing, fiercely. Is compliant and effective lead generation still possible? This survival guide can help.
 
Get a bird’s-eye view of all the major privacy laws to know, and 5 strategies to combat data privacy regulations, the right way.

2. EU General Data Protection Regulation (GDPR):

Enforced in May 2018, the GDPR revolutionized data privacy regulations globally

Applicable to any business that processes personal data of EU residents, GDPR mandates transparent data practices, explicit consent for data processing, and stringent security measures. 

Marketers must ensure compliance with GDPR’s requirements, including 

  • obtaining opt-in consent for data collection and processing
  • implementing data protection measures
  • promptly reporting data breaches.

Penalties for non-compliance with the GDPR are one of the highest, costing up to €10-20 million for a violation, depending on severity.

 

3. Personal Information Protection and Electronic Documents Act (PIPEDA):

Canada’s PIPEDA governs the collection, use, and disclosure of personal information by private sector organizations. 

Marketers operating in Canada must obtain individuals’ consent for collecting, using, and disclosing their personal information in commercial activities. 

PIPEDA also imposes obligations regarding data accuracy, accountability, and safeguarding personal information.

 

4. Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence:

This executive order addresses privacy concerns related to the development and use of artificial intelligence (AI) technologies. It mandates the development of privacy-preserving techniques and advancements in research dedicated to privacy preservation. 

Marketers utilizing AI technologies must ensure compliance with privacy guidelines to safeguard consumers’ personal data.

 

5. Federal Trade Commission Act (FTC Act):

The FTC Act empowers the Federal Trade Commission to enforce laws prohibiting unfair or deceptive acts or practices in commerce. 

Marketers must adhere to the FTC Act’s provisions concerning privacy claims, data security, and consumer protection. Failure to comply with the FTC Act can result in legal consequences and damage to brand reputation.

 

6. 2024 changes to email deliverability compliance:

Finally, email marketers must stay abreast of evolving email deliverability compliance standards set by mailbox providers such as Google, Yahoo and Apple.

These standards include authentication protocols (SPF, DKIM, DMARC), mandatory one-click unsubscribe options, and enforced spam-rate thresholds. 

Non-compliance with these standards can result in reduced email deliverability rates and harm to brand reputation.

With more stringent email authentication and deliverability expectations, how should marketers protect their email health in 2024?
 
Here are 6 strategies you must not miss, all packed into an easy flashcard.

How should marketers manage data privacy and spam regulations?

Now that we have a baseline understanding of the requirements and implications of these major regulations, what’s next?

From embracing transparency to investing in data security, we’ve compiled the diverse perspectives of eight industry leaders — including CEOs, marketing leaders and brand managers. 

We asked them:

  • How the latest marketing data privacy and spam regulations have impacted them
  • And their top strategies to stay competitive. 

Their insights range from embracing transparency to investing in data security and ethical practices, ensuring you stay ahead of the curve in a consent-driven market.

Strategy 1 - Embrace transparency for customer loyalty

Navigating the shifting terrain of data-privacy laws has been a catalyst for innovation within my team. We've shifted our focus toward building trust through transparency, making it clear how we use and protect customer data. 

Instead of seeing these regulations as hurdles, we've embraced them as an opportunity to refine our engagement tactics, prioritizing quality and relevance over quantity in our outreach. This approach has not only aligned us with legal standards but also deepened our customers' loyalty.

Contributed by:

Strategy 2 - Foster trust-based SEO and content strategies

Adjusting to the latest data privacy laws, my strategy at Empathy First Media has evolved significantly. Drawing from my expertise in SEO, website development, and digital marketing technologies, I've shifted focus to building deeper, trust-based customer relationships. This involves crafting content that genuinely connects, optimizing user experience on websites, and employing SEO tactics that respect user privacy. 

By integrating conversational marketing and organic social media growth methods, the aim is to engage audiences in a more authentic, less intrusive way. This not only aligns with new regulations but also strengthens the bond with our audience, setting a foundation for sustainable business growth.

Contributed by:

Strategy 3 - Adapt lead strategies for one-to-one consent

As an insurance comparison site, we make money by referring leads to our partners, so we are most concerned with the FCC's recent ruling that requires one-to-one consumer consent for outreach. Historically, the lead-buying and selling industry is notorious for the reselling of leads, which results in mass amounts of spam. One-to-one consent is crucial to mitigate this problem at scale, but it does shake up how our industry operates. 

To adapt, we built our services so that we only collect private, personally identifiable information further down the sales funnel when consumers are ready to buy. This allows us to match users with the right provider and get their explicit consent at that one-to-one level. Because we provide value to our users before we require their sensitive data, they are more satisfied with our services and more willing to provide the necessary consent.

Contributed by:

Strategy 4 - Respect customer privacy with creative outreach

As the CEO of a real estate firm, I've been directly impacted by the recent data privacy and spam regulations. Rules like the GDPR and the CCPA have forced me to reassess our marketing strategies. It's no longer just about spreading our message—it's about respecting our customers' privacy and ensuring our outreach is in line with their preferences. It's been a learning process, but it's also prompted us to get creative and find new ways to connect with our audience authentically. 

We're prioritizing building genuine relationships, understanding their specific needs, and adding value without overstepping boundaries. It's definitely a challenge, but it's also an opportunity to show our commitment to our customers' privacy and well-being.

Strategy 5 - Engage with valuable content and personalization

The recent data-privacy and spam regulations have necessitated a shift toward more transparent and consent-based marketing strategies at CrownTV. We've embraced this change by focusing on building stronger relationships with our audience through valuable content and engaging directly on social media platforms. 

Personalization and segmentation have become more critical, ensuring our communications are relevant and welcomed. These strategies not only comply with regulations but also foster trust, enhancing our competitive edge in a crowded market.

Contributed by:
Head of Marketing, CrownTV

6 - Champion consent-driven transparent communications

As a seasoned contractor and business owner, the recent paradigm shift in data privacy and spam regulations has spurred a proactive stance towards compliance. In response, we're championing transparent communication channels, prioritizing consent-driven interactions that resonate with our clientele. 

By embracing cutting-edge CRM solutions, we're refining our targeting strategies, delivering tailored content with precision. This dual commitment to regulatory adherence and customer-centricity not only fortifies our market position but also underscores our dedication to ethical business practices, ensuring sustained competitiveness in an ever-evolving landscape.

Contributed by:

7 - Refine opt-in email and SEO strategies

As a digital entrepreneur, adapting is paramount. I've refined our targeting strategies, focusing on opt-in approaches for email marketing to ensure compliance. Leveraging first-party data and transparent communication builds trust with customers. 

Additionally, optimizing SEO with high-quality, relevant content ensures visibility without relying heavily on personalized ads. Staying ahead means embracing these changes, fostering authenticity, and delivering value to customers while respecting their privacy concerns.

Contributed by:

Strategy 8 - Invest in data security and ethical practices

As a law process outsourcing owner, the recent data privacy and spam regulations have significantly shaped our approach to marketing and client outreach. The heightened focus on data protection has necessitated a thorough review of our practices to ensure compliance with evolving legal frameworks.  

We've had to refine our client communication strategies, emphasizing transparency in data handling and obtaining explicit consent for any marketing communications.

This shift has not only enhanced our commitment to ethical business practices but also bolstered client trust.

To stay competitive, we are investing in ongoing staff training to stay abreast of regulatory changes, implementing advanced cybersecurity measures, and leveraging targeted content marketing to engage clients without infringing on privacy boundaries.

Adapting to these regulations has not only become a legal imperative but also an opportunity to differentiate ourselves in the marketplace by prioritizing client confidentiality and data security.

Contributed by:
Founder & Head of Customer Delivery, Legal Consulting Pro

Staying ahead of marketing data privacy changes

Wrapping our heads around marketing data privacy can feel like a stressful regulatory obligation. But let’s think of it another way.

As we’ve seen, the impact of these marketing data privacy regulations extends far beyond legal compliance; it directly influences consumer trust, brand reputation, and ultimately, business success. 

So here’s the key: by prioritizing transparency, obtaining explicit consent, and implementing robust data protection measures, marketers can not only mitigate legal risks but also foster stronger relationships with their audience. 

Staying compliant is an opportunity to demonstrate integrity, build trust, and drive sustainable growth.

Finally, if you ever need help with compliant lead generation and access to opted-in, zero-party data, our ViB Community might just be the answer you need.

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