Boring? Maybe, But Data Privacy Compliance Is A Must-have
- Andrea Gross
- Sep 23
- 4 min read
Updated: Oct 31
Build Trust With Your Audience By Ensuring You’re Following Local Laws
The information in this article does not constitute legal advice. The goal of this article is to provide you with enough information to have a great conversation with your lawyers about your business’s compliance.
Data privacy is a complex framework of laws that are different in every country, often varying wildly within a single country. As a small business owner, focused on generating leads and growing your business, sometimes, these crucial things get overlooked.
That is why we are providing a high-level overview of the major data and privacy regulations across the world so you can make informed decisions about your marketing and know when it is time to seek legal counsel.
Europe Leads The World In Data Privacy and Marketing Communications Regulations
When the EU enacted the General Data Protection Regulation (GDPR) in 2016, it had a cascading effect across the globe. The EU continues to lead the world in what information companies are allowed to collect on their users and how they are allowed to use that data. Becoming familiar with the EU’s regulations can help you protect your company and your customers.
European Regulations
GDPR: GDPR relies on explicit, unambiguous consent to store and process data. Penalties for violations are strict and can vary greatly depending on the severity of the infringement.
Digital Services Act (DSA): The DSA provides users with more control and better information about what they see online. If it is illegal offline, it’s illegal online.
Digital Markets Act (DMA): The DMA ensures big companies aren’t allowed to impose unfair conditions on businesses and consumers. This is a positive for small businesses.
The European Accessibility Act (EAA): The goal of the EAA is to ensure online content is accessible to everyone, including people with disabilities and older adults.
The Consumer Rights Directive (CRD): The CRD provides consumers with a set of clear, consistent, and strong rights when they make purchases online.
A Little Nudge: Individual EU member countries often have their own specific data protection and marketing laws that apply alongside the GDPR.
If you market to clients in France, Germany, and the Netherlands, you may be subject to three different sets of local rules on top of the main EU law.
Data Privacy in the United States
The United States has a different approach to data privacy laws than Europe. The US does not have a single law regulating data privacy. Instead, it is up to each state to pass laws for its residents.
State laws are often very similar to GDPR, with the California Consumer Privacy Act of 2018 being the closest. Many other states have joined California in enacting data privacy laws, including nearly twenty states with laws similar to the CCPA, such as California, Colorado, and Virginia, as well as a growing number of others (for a comprehensive, up-to-date tracker, consult IAPP).
While not every state has created a data privacy law, there is a growing call from Americans for better protection of their data.
Data Privacy Around the World
The EU and the US are not the only regions with data privacy laws. Nearly every country across the world has some regulations in place. Here are a few examples:
Canada: The Personal Information Protection and Electronic Documents Act (PIPEDA) is a federal law governing the collection, use, and disclosure of personal information by private-sector organizations.
Germany: German laws go into even more detail than GDPR with the Federal Data Protection Act (BDSG). Other EU member countries have additional rules in addition to the GDPR.
India: India recently released a draft of their new policy, the Digital Personal Data Protection (DPDP) Act, 2023, and the implementing rules are set to be released soon.
The global data privacy landscape can be overwhelming, but understanding how these laws may impact your business is crucial.
Sorry, Generative AI Can’t Help
With the rise of AI, there has been an automatic response from many small business owners to “just ask AI to write my Privacy Policy” or rely on AI in some way to ensure they are compliant with local policies.
When people ask AI to write a policy for them, they are often provided with a draft. That draft also comes with a warning: “I am an AI assistant, and I am not a lawyer or a legal professional.”
Getting help with data privacy compliance should not be left to generative AI. Yes, hiring a lawyer can be expensive. But, when compared to the costs of violating any of the laws mentioned in this article, it’s almost nothing.
Conclusion
The global data privacy landscape is undoubtedly complex, but understanding it is a core business necessity. Every regulation we’ve mentioned is fundamentally about one thing: building and maintaining customer trust.
While we are not legal experts, we can help ensure your users have the best experience possible on your website. We’ll take a look at your page navigation & organization, calls-to-action (CTA), mobile experience, and more.
We’re here to be your partner. Schedule your free 15-minute consultation to discuss your marketing goals.
