As we have discussed in previous posts, relations between the United States and the European Union are now back to normal, following the implementation of the Privacy Shield agreements.
How does the Privacy Shield affect Digital Marketing?
Evidently, the use of North American suppliers is of importance, due to the great dependence we have on them throughout Europe.
As far as email marketing is concerned, we have a reference tool which is MailChimp, which I think is known by most of those interested in this area and which has recently become part of the new regulation mentioned above. As we have had occasion to comment in other posts, to send a commercial email, i.e. a Newsletter, a promotion, an offer, … it is necessary to request prior authorization from the recipient to send it. A good communication or advertising of your business through this channel is usually well received by the recipients, your target audience, which is why it is so important what I point out: ask and get the recipient to be the one who wants to receive your commercial information to achieve a higher conversion and optimization of your marketing actions and, consequently, the proper management with the appropriate tools.
Sending mass and indiscriminate e-mails, in addition to being illegal, is highly damaging to your online reputation. If, in addition, you do not have a tool that provides you with the necessary legal security, you can get into a lot of trouble. The fact that a provider based in the United States works under the new data protection regulations, coordinated on both sides of the Atlantic, has a positive effect on privacy issues in the use of e-mail in the company, since it is the basis for the non-existence of an out-of-standard international transfer of data.
As far as e-commerce is concerned , the situations here can be more disparate. We will have to study and respond to different parameters: where I have hired the server, what means of payment do I use and how, do I have to give my customers’ data to third parties to manage sales, do I have the legal conditions of my e-commerce store up to date, including the privacy policy, as the most relevant issues, among others. Depending on the situation, we will act.
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Is Privacy Shield approval enough, and what should we do?
This is the starting point. Counting that we are all (or almost) already in line with the data protection regulation, the first thing we must do, before using the services of a USA provider, is to check if it is committed to the requirements in this matter and for this, it must be registered in an official registry of the US Government.
Is our provider registered, if …, go ahead, we can work with him, but WARNING, before we will have to tell the Data Protection Agency. How? either in person or through the NOTA form sent telematically. And what do we tell the Agency? that we want to make an international transfer of data to work with this provider. Once the Agency gives us a positive answer, we will have a free hand.
Is that all? Noooooo! We will have to prove it, with the supplier’s contract and with its inclusion in our Security Document, where all our relationships that affect data processing must be included. We have it, don’t we?
At Reinicia we are convinced that a good legal management only benefits the advertising, communication and sales of your business. Do not hesitate to contact us, we are sure we can help you.
