BLOG 5 minutes 12/2019

Leverage Compliance as a Branding Catalyst

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Despite facing major challenges in today’s world of changing regulations marketers can leverage compliance as a branding catalyst. Teams managing any part of the marketing lifecycle, including demand gen, consent and preferences, consumer rights, mobile apps and website user experiences face difficulties delivering personalized, on brand experiences that maximize opt-in while maintaining privacy compliance. While new and existing laws like the California Consumer Privacy Act (CCPA) and the General Data Protection Act (GDPR) have created challenges for marketers, they also create opportunities for marketing teams to be thoughtful in how they communicate with consumers and offer users preferences and choice.    

With these new rules governing how, when, and who organizations can communicate with, there is no shortage of processes and tools that need to be evaluated. 

Top brands are not just interpreting the bare minimum legal requirements but are recognizing the message behind consumers’ support for data privacy legislation as the collective voice of reason, setting boundaries in the new era of consumer and brand relationships. This era is going to be defined by brands offering the personalization and tailored experiences they have been delivering for years, but only doing so once they have established a relationship and earned the trust of the individual consumer.  

This strategy does not need to focus so much on how to deliver the tailored customer experience consumers have come to expect, but on transparency.  

You will not be the only brand that has a cookie banner, or to implement explicit consent requirements for marketing, or to implement cross-device preference settings. But if you engage this opportunity to use privacy legislation as a springboard for organizational change and strategic branding initiatives, that will set you apart in the eyes of consumers.  

Here are 5 ways your organization can leverage compliance a branding catalyst:  

If you are only striving to meet the standards laid out in CCPA and GDPR and not considering if your reader can digest that information, you are missing out an opportunity to differentiate the level of trust you establish with your customers. 

Your privacy policy gives you the opportunity to leverage compliance and show users that your brand is different.  This can be done by creating infographics and easily digestible summaries in your brand voice. There’s no reason that privacy policies can’t or shouldn’t be engaging.  

 Learn more about how to leverage your policy notice: Policy and Notice Management 

2.Data privacy as a universal human right  

GDPR and CCPA only affect certain segments of consumers, there’s no denying both are large and important markets, but there are still a majority of worldwide consumers that do not fall under some sort of data privacy legislation. We can expect to cross that majority legislation threshold sometime early in the next decade, but until then what is your strategy for dealing with consumers that do not live in a municipality with data privacy legislation? 

Does your organization recognize data privacy and the right to live a private life as a fundamental human right? 

Why not go above and beyond compliance and provide basic human freedoms to your consumers on a global basis. Stay ahead of emerging legislation by aligning your core business principles to recognize and respect human rights in the digital world, not because you have to, but because you care about your customers. 

3.Gradual Consent Models 

In our own personal relationships we don’t usually kick things off by sharing all of our personal information like an address, email, phone number. These things all come up naturally over time as relationships develop. So why is it any different when interacting with our customer’s online? 

We know location tracking consent rates are higher with just-in-time requests than blanket opt-ins, but what other consent points are going to become more important and need more care than what they receive right now? How does the timing of when you ask for an email address matter? Would it be better to do so with a tailored message on a second or third visit? As driving consent becomes the first step in the marketing lifecycle to collect data, look for opportunities to A/B test and build out nurture maps for consent.  

Learn more: Consent Management 

4.Sustainable Digital Marketing   

Getting ahead of regulations is key to making sure that your marketing ecosystem is going to function efficiently in the future.Enhancing brand image and the efficiencies in your martech stack for the long-haul means evaluating where we think legislation is heading and reevaluating what information we actually need from our consumers to communicate and message effectively.

Taking a low touch approach to consumer data and enabling global consumer request and opt-out programs is going to help future proof your organization against emerging legislation. Then leverage those programs and the fundamental belief that you need to work hard to protect your consumer’s in your messaging.  

Learn more about how to leverage compliance by promoting consumer rights: Consumer and Data Subject Rights Requests 

5.Enhanced Preference Options  

Dive deeper into preferences than your competitors are. What enhancements can we make to even further tailor the consumer experience while enabling higher opt-in rates for specific types of messaging? 

Let’s take Communication Frequency and break that down to a more granular level, not only how often you receive communication, but what time of the day, what time of the week, or even specific seasons or periods of the year consumers want communication.

If you step into the shoes of an average consumer, are you more likely to opt-in to coupons and sales communications if they came during the holiday season? Would that text-message from your favorite retailer be less of a nuisance if it did not always come during your workday? 

This is an opportunity to enable more communication and let your consumers tell you the targeted experience that they are interested in receiving.  

Learn more: Consent and Preference Management 

While reports vary widely, one thing is clear, there are still a large percentage of companies that are not GDPR compliant more than a year and a half from its initial enforcement. But as more legislation rolls out globally, compliance alone is not going to continue to be a differentiator.  

Differentiation is going to come from how we talk about data privacy with our consumers, how we talk about data privacy as a fundamental organization belief, and how we can creatively start to create a healthier,  consumer rights-focused approach to delivering tailored experiences. 

Want to learn more? Visit to request a demo today or get a free trial. 

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