SH/FT | Compliance Compass
Natasha Ness
Created on October 15, 2024
Learn more about compliance best practices from Shift Paradigm's marketing compliance compass
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Transcript
Unpack & Map Your Data
Enhance Your Tech Stack
TransparentConsent
Manage Preferences
Dynamic Automation
Segment Audiences
Streamline Deletion
Compliance Cookbook
Store Recipes: Your Own "Compliance Cookbook"
Documentation is often one of the most undervalued aspects of our work as marketers. It demands time, effort, and careful thought, yet it's frequently both overlooked and highly sought after. This is why we strongly recommend documenting all your best practices and compliance implementations within a centralized document repository. Think of this compliance cookbook as your go-to resource for recipes and receipts as your team grows. If IT or legal inquires about the setup to ensure regulatory compliance, or you have a new campaign with additional compliance requirements, this makes the process much smoother. If troubleshooting is ever necessary, you'll know exactly where to look and what to do, rather than relying on memory.
TOOLS & TECHNIQUES
We highly recommend using a document repository tool such as Confluence, Notion, ClickUp Docs, Airtable, or any similar platform to build your cookbook.
Drive Dynamic & Compliant Personalization
Deliver personalized experiences that are both relevant and compliant by implementing dynamic content. Leverage tools like Liquid & Content Cards in Braze, AMPscript in Salesforce Marketing Cloud, or Dynamic Content & Snippets in Marketo to tailor messaging based on factors like location or buyer persona, all while adhering to regulations. Combine this with targeted segmentation and compliance safeguards to ensure you provide valuable experiences within legal boundaries.
TOOLS & TECHNIQUES
- Thorough testing of this automation is crucial.
- Implement a robust review and approval process involving legal and compliance teams.
- Centralize documentation in tools like Miro or Confluence.
Streamline Your Data Deletion Practices
Establish clear data retention policies and implement efficient data deletion processes for these core areas:
TOOLS & TECHNIQUES
- User requested deletion
- Incomplete user / lead profiles
- Incompliant data (previously acquired)
- Unengaged in the database for more than X time period
- Hard or soft bounced records
- Integrate self-service portals for users to easily access and delete their data.
- Coach the team on the best way to optimize the data based on the need to delete without causing negative system ramifications
- Build automated programs and operational workflows to look for these signals to remove data from the database in-real time that is no longer needed or compliant.
- Set a subscription report monthly to see how your lead volume may have or haven't been impacted by automated and self-serice deletion to continue to optimize your workflows.
Unpack and Map Your Existing Data & Technology
Conduct a data inventory, identifying all data collected, its source, and purpose. Simultaneously, review relevant regulations like:
TOOLS & TECHNIQUES
- Use a tool like Airtable to store, map, and track relevent data.
- Create a data map visualizing data flow across channels, technology, and key programs.
- Restrict access to sensitive data; regularly review permissions.Proactively flag any potential compliance risks.
- Make a plan to resolve the risks.
- GDPR: If you market within the EU, requires explicit consent and the ability to delete records.
- CASL: If you market within Canada, requires explicit consent.
- CCPA: If you're marketing within California
- ADA: For accessibility in visual, auditory and sonsory needs implemented technically and visually across digital mediums. Especially critical for healthcare, education, finance, and government entities.
Enhance Your Tech Stack (When Required)
We observe that some organizations struggle to meet compliance standards due to a lack of suitable technology to implement or scale effectively. This has been particularly evident with the rise of ADA challenges, necessitating the rebuilding of applications or sites for optimal support. The key is, once you've unpacked and mapped your data, creating your blueprint, identify the missing tech in your stack and make the case for investment. For example, if concerns exist about HIPAA compliance with your chatbot, consider switching to a platform inherently designed for secure and private messaging, such as Azure Health Bot.
TOOLS & TECHNIQUES
- CDP: Anonymizes data and enables segmentation within your marketing tools
- Data Governance/Compliance Engine: Enforces data policies and monitors compliance
- Consent & Cookie Management: Ensures compliance with regulations like GDPR and CCPA
- Chat and SMS: Provides secure and compliant communication
Obtain User Consent with Transparency
In many cases, clear, explict consent is required to market in many countries and regions. Here are some teams to help you gain this consent in a clear and transparent manner
- Craft Clear and Concise Privacy Policies: Outline data collection and usage practices in plain language, avoiding legal jargon. Use tools like Iubenda or Termly to generate customizable privacy policies tailored to specific regulations (e.g., GDPR, CCPA).
- Implement User-Friendly Privacy Notices: Display clear and easily accessible privacy notices at key touchpoints (e.g., website footer, registration forms). Use tools like CookieYes or OneTrust to create customizable banners and pop-ups with granular consent options.
- Prioritize Explicit Consent: Opt for explicit consent mechanisms (e.g., checkboxes, toggles) over implied consent (e.g., pre-checked boxes). Clearly communicate the purpose of data collection and offer opt-in choices for specific communication channels (e.g., email, SMS).
- Regularly Audit and Update Consent Practices: Conduct periodic reviews of your consent mechanisms and privacy policies to ensure compliance with evolving regulations and user expectations.
Manage Preferences Through Integrated Systems
Empower users to control their data with a robust consent management platform (CMP) and dynamic preference center. This allows granular control over data sharing and communication preferences, including channel and subject selection, with near real-time updates and data deletion options. Showcase your commitment to responsible marketing by providing clear communication and prioritizing user privacy. This builds trust, strengthens customer relationships, and improves compliance.
TOOLS & TECHNIQUES
- Preference Center: Braze, Salesforce Marketing Cloud, Hubspot, Marketo are all solutiions you can build this in.
- Data Subject Request (DSR) Management: DataGrail
- Real-Time Data Synchronization: APIs, Integrations, and webhooks to connect your CMP and preference center with your marketing automation and CRM systems.
Use Segmentations for Respectful Engagement
Use strategic segmentation to create personalized, privacy-respecting experiences. Anonymize data where needed on non-compliant platforms. Segment responsibly, avoiding exploitative targeting that could be perceived as malicious or predatory. Prioritize user experience, privacy, and transparency. By combining thoughtful segmentation, anonymization, and responsible data use, you can build meaningful, compliant relationships.
TOOLS & TECHNIQUES
- Segmentation Platforms: CDPs, Marketing Automation
- Data Anonymization: Masking, Pseudonymization, Aggregation (highly applicable in analytics and heat mapping tools, where we want to measure performance without comprimising privacy of the user).
- Compliance-Focused Segmentation: Consent-based, Market-based, Duration in Database-Based, Exclude sensitive data