Did you know your company could be held liable for having outdated policies? Watch this video to learn the 4 things you need to setup a successful marketing compliance program!
Hi everyone, welcome back to another episode of What’s Your Game Plan. Today’s episode is all about Marketing Compliance. This is a really important topic, because we have a lot of people who are responsible for the day to day planning and execution of marketing plans, who don’t know if they are breaking the law.
Marketing compliance standards are not only in place to protect the privacy of consumers, but also to ensure consumers don’t feel tricked or misled by businesses. Do you know the difference between CCPA, FCPA, GDPR, ADA, or CAN-SPAM? If not, don’t worry… I’m going to explain everything so that it makes sense.
Here are the first 4 things you need to do to create a successful compliance program for your organization:
Review existing policies - Did you know your company could be held liable for having outdated policies? Start by pulling all of your policies, cross reference and review them against the current standards. Document which ones need to be updated and which ones should be removed.
Conduct an Audit - At this step you’re going to need to assess your compliance risk. Are there any current or on-going business activities that need to be put to an immediate stop? You’ll need to review your marketing materials, advertising, disclosures, notices to ensure they meet the rules and regulations.
Talk to Management - Once you’ve collected all the findings, go back to management to discuss how critical the situation is and your recommendations for improvement.
Develop a training program - Last, once you’ve collected feedback and put a system in place, setup a compliance training program so that all employees can be educated on how to successfully stay compliant.
Under the law, these regulations are the most popular in the field of marketing. Make sure your team knows the difference and understands the role these play in their work.
CCPA - The California Consumer Privacy Act just went into effect January 1st, 2020. This one establishes privacy rights for residents of California and dictates how businesses can use and handle their personal information.
FCPA - The Foreign Corrupt Practices Act of 1977 says that you cannot promote or market the fact that you will be covering excessive expenses, lavish entertainment or travel in return for obtaining or retaining someone's business.
GDPR- The General Data Protection Regulation regulates how personal data is collected, used and transferred outside of the European Union and Economic Areas. So basically companies are required to build in privacy notifications and opt-ins into their websites and have it switched on by default.
ADA -The Americans with Disabilities Act of 1990 states that all electronic information technology like websites, must be accessible to people with disabilities. Websites should be accessible to the deaf, blind and those who must navigate by voice, screen readers or other assistive technologies.
CAN-SPAM - The CAN-SPAM Act outlines the requirements for email marketing and gives recipients the right to unsubscribe from your list and not be bothered again. Every single email you send without the option to unsubscribe, will result in a $16,000 fine from the FTC.
Now that you know the differences between the laws, here are my quick tips for organizations who want to remain compliant in the future:
Set up a marketing approval program - this will help make sure that all content meets brand standards, compliance and gets approved by the right stakeholders.
Decide on who gets access - Not everyone in the organization needs access to your marketing files. Setup controls to record how marketing materials get distributed, shared and modified.
Secure Your Data - If you are collecting personal data from campaigns, ensure its stored in a safe place, not just in your email bin or on your desktop.
Refine Your Messaging - Have a sit down with your team to discuss your brand messaging. Make sure that none of the messaging can come across as misleading, non-evidence based, or deceptive. Also, make sure it’s age appropriate and all the necessary disclosures are issued.
Remaining compliant is nothing to gamble with. Every organization needs to make sure they're consistently following the rules. If you liked this video, leave me a comment below and hit share to help spread the word about marketing compliance. Until next week, take care!
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