Digital Compliance

Welcome to the digital compliance section of our website. My name is David Fowler, and I’m the head of privacy and digital compliance at Act-On.

As a digital marketer, you need to have as much information as possible to remain compliant in today’s complex marketplace. These are legal issues. While Act-On cannot provide legal counsel, my team is focused on providing you with the resources you need to successfully navigate these dynamic regulations in the United States and around the world.

We’ve outlined the following areas of digital compliance, and for each we provide respected industry insight to furnish the information you need to be successful.

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David Fowler

Head of Digital Compliance

Privacy

Privacy policies are typically intended to be long, boring and so confusing that the average human will not read them. That’s why we’ve streamlined ours and made it more user friendly (we hope).

You can view our Privacy Policy hereAct-On Privacy Policy

Consent, disclosure, and permission are the three key building blocks for any digital marketer. Try these links for more information pertaining to your privacy obligations:

Federal Trade Commission:

https://www.ftc.gov/tips-advice/business-center/privacy-and-security

https://www.ftc.gov/sites/default/files/attachments/press-releases/ftc-staff-revises-online-advertising-disclosure-guidelines/130312dotcomdisclosures.pdf

Epic.org (State Privacy Information Center):

https://epic.org/state-policy/

International Association of Privacy Professionals:

https://privacyassociation.org

California Privacy:

http://oag.ca.gov/privacy

 TRUSTe:

https://www.truste.com

Privacy and Data Security Boot Camp:

Download PDF

Data Compliance

In 2015, data is the digital currency of the web and will continue to be extremely dominant as marketers and consumers alike begin to leverage the power that targeted and relevant data will bring.

Data compliance is a very fluid space with a lot of moving parts, complicated by how differently companies interpret their obligations. A lot of organizations combine “compliance” with “security,” but they are two very different areas to consider.

With that said, let’s look at some resources that include data compliance. Remember that your business model will dictate your responsibilities in this arena, and also how you may be governed under different data laws and obligations. For example, a health care company has one set of governing laws (e.g. HIPAA) and responsibilities; a financial firm another; a food manufacturer still another; a food retailer yet another.

Where you market and sell affects your rights and abilities also. You can reference data protection laws of the world with this great resource:

http://dlapiperdataprotection.com/ – handbook/world-map-section

The International Association of Privacy Professional (IAPP) is also a good place to obtain relevant information to the privacy landscape.

https://privacyassociation.org

Email (Deliverability)

Deliverability is the successful placement of your messages into their respective folders; the inbox. There are many resources available for you pertaining to email deliverability in today’s digital market place and they cover everything from legal compliance to email marketing best practices.

Let’s start with the law. Many countries have digital laws defining and regulating spam that email marketers must respect and adhere to.

USA:

The CAN-SPAM act was effective in January 2004, here’s the FTC’s guidance explaining your obligations under this legislation:

https://www.ftc.gov/tips-advice/business-center/guidance/can-spam-act-compliance-guide-business

Canada:

The Canadian Anti-Spam Legislation (CASL) went into effect in July 2014, you can more information here:

http://fightspam.gc.ca/eic/site/030.nsf/eng/home

European Union (EU):

While there is as yet no comprehensive email legislation for the EU as a whole, there is a data directive that many countries incorporate, which addresses email compliance within the boundaries of this framework.

There are changes coming to the EU and once they are approved, unilateral data laws will be introduced for the member states. Currently each country can determine their respective email and consent requirements so it’s very important that you consult with each respective governing body in countries you mail into to determine your obligations.

Act-On has created an email consent and permission guide you can access here: International Email Privacy & Consent Requirements

Another great resource for global spam laws can be found here:

http://www.spamlaws.com

Deliverability Services:

Once you’re comfortable with the laws and obligations, where do you go for additional information pertaining to Deliverability Services?

As your digital marking experts, Act-On has created several Deliverability Services options (under the umbrella of our Professional Services organization) that can assist your efforts pertaining to deliverability and email marketing programs.

We can help with everything from a one-time strategic consultation to on-going oversight. Take a look at our range of programs.

Learn More >

Industry Efforts

We proactively engage in our industry on your behalf, including maintaining memberships in good standing in key industry groups.. These associations allow us to remain current on digital industry and privacy trends – and to keep our customers aware of any changes. Here are the relevant industry groups we take part in.
Learn More >

Our Shared Responsibility

Digital marketers should be held to a high standard of compliance when it comes to tracking online behavior and dealing with customer data. Remember that all things digital can and will be tracked; your online reputation depends on you adopting and implementing all applicable laws and best practices.

I hope you find this informative and pertinent to your marketing efforts. Please let us know if you have questions or need additional assistance.

Cheers
David Fowler
privacy@act-on.net