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Here at Site Impact, we’re always on top of new regulations and laws that affect the digital advertising space--especially where that concerns email marketing. We told you all about GDPR, and of course the growing development in the US Congress towards a federal level law regarding data protection and consumer privacy, along with the CCPA--California’s foray into legislating within their borders how such issues work. Washington state is now joining the ranks of US states that are moving towards their own laws while waiting for the federal laws to catch up--and the work could impact a number of brands. Today we’re going to look at how the law is starting to shape up, and what it could mean for marketers and brands alike.
The Washington state law, SB 6281, was discussed last week in hearings by the state Senate’s Environment, Energy, and Technology committee, and takes up where a bill from last year left off. SB 6281 would give consumers new privacy rights, including the right to opt out of targeted advertising; it would specifically give consumers the right to access, delete and correct data about themselves, as well the right to prevent the use of their data for targeted ads or profiling. The proposed bill also would explicitly prohibit companies from charging different fees, or providing different levels of service, to consumers who don't want their data stored or used by companies. This last provision makes for a key difference with some other state-level laws--and it’s this provision that advertisers and brands tend to take exception to, arguing that it would, among other things, make loyalty programs impossible to implement. Of course, there is some wrangling on both sides about the proposed law, with consumer advocates pushing for loopholes to be closed and advertisers and brands arguing for less stringent requirements.
Of course, at this stage there will still likely be multiple changes and amendments to the Washington state bill--it’s up in the air what the final restrictions and guidelines, fines and fees will be. But even as the US Congress tries to grapple with a universal law that will cover privacy and security concerns for US consumers generally, more and more states are experimenting with laws and regulations with the goal of bridging the gap in the meantime, and Washington is no different. The addition of provisions such as the one prohibiting differences in rates or charges between those who consent to data collection and those that don’t signals that more state-level governments are watching and learning from earlier laws. Whether that particular piece will remain as-is or not, it’s clear that more and more governments are looking to prevent brands and marketers offering monetary incentives for data collection--or punishments for refusing to share data. This could really impact strategy for brands of all sizes.
As the US Congress along with other national-level governments work towards new consumer privacy and data collection regulations and requirements, states in the US are taking up the charge to protect the citizens within their specific borders, and Washington state is no different. Brands that want to continue digital advertising in general--and email marketing in particular--will have to stay abreast of the shifting priorities and laws regarding how they can collect, use, and store data from private individuals. Contact Site Impact to hear how we constantly stay on top of new developments in the law to ensure that our campaigns are always compliant.
