Disclaimer: Nothing contained in this blog or located anywhere on this website should be construed as legal advice. Foresight Performance LLC is not a law firm.

Now that we’ve gotten that out of the way:

There are many predictions for marketing trends in 2023, some of which I will write about in my next blog post, but none may be more impactful than the possible enactment of the American Data Protection and Privacy Act (ADPPA), which is already being drafted and revised. We do not know yet when it will become law, but, whether ADPPA becomes law in 2023 or not, data privacy legislation is going to happen sooner or later. And you need to prepare for it by adjusting your marketing strategy and policies in anticipation. That’s what this blog is intended to help you with.  

You can read the current draft of the Act here. There are three key ways that this law could impact marketing:

1. The law will only apply to “covered data” but that definition is pretty broad

The draft defines “covered data” as “Information that identifies or is linked or reasonably linkable, alone or in combination with other information, to an individual or a device that identifies or is linked or reasonably linkable to an individual, and may include derived data and unique persistent identifiers.”

In other words, Personal Identifiable Information may have a broad definition.

2. Getting consent to collect data doesn’t mean you’re off the hook.

Covered data can only be collected with the explicit, affirmative consent of an individual to a clear and unambiguous request. But that doesn’t mean that providing an “I agree” button will allow you to collect and use anything the individual might knowingly or unknowingly share however you’d like.

3. Only certain types of data can be collected or processed.

There are only seventeen purposes deemed “permissible” for data collection, processing, or transfer. I won’t list them here, but the collection and use of data appears to be fairly narrow and largely limits the use of this data for marketing to first party contacts.

We already know that Google is working to refine its alternative to third party cookies. One thing that is unclear is whether or how this law may affect the use of marketing automation tools that search for publicly accessible information linked to the email address supplied by the contact. I would just advise that you make sure your marketing platforms are updated whenever you are advised to apply an update.

Again, nothing in this blog is intended to be legal advice, but as a Fractional Chief Marketing Officer, I have already begun to advise my clients to use a very conservative approach to any advertising and marketing activities they engage in, even with respect to first party contacts. While the final data privacy law and its implications remain to be seen, every company that collects and uses data for it’s marketing program should really start thinking about this now. Adjust your workflows and data collection tactics accordingly.

Contact us if you would like to discuss how to create effective automation workflows that respect personal privacy.

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