Marketing compliance: what to consider before running ads

Fines, lawsuits, ad blocking, and damage to your company's reputation can all be in store for your business if you neglect compliance. Especially if you start promoting the project using digital marketing tools. In this case, it is extremely important to comply with a certain set of norms and requirements, in particular, related to data protection and other user rights.

What nuances of compliance in marketing need to be taken into account in order not to run into trouble and increase the trust of the audience in your business?

In this article we will tell:

what is marketing compliance;
what will happen to the business if marketing compliance is neglected;
key requirements of marketing compliance, which must be taken into account before starting the promotion of the project;
marketing compliance experience of the remote Solve Marketing marketing department.

What is marketing compliance?

Compliance is compliance with laws, internal or external requirements, norms, rules, standards operating in the country, market or industry.

In turn, marketing compliance is aimed at regulating the marketing activities of businesses. The most common examples of this compliance are consent to the collection and processing of personal data on web resources, cookies, advertising rules, and others.

Risk management in Ukraine is currently not established by law, so it is applied on a voluntary basis. However, it will not be possible to avoid compliance control if you work with a foreign market. In this case, your activity falls under the norms of international law and is subject to the rules of other countries.

What will happen if marketing compliance is neglected?

At first glance, marketing compliance seems like something insignificant, but in practice, its non-compliance can cause serious consequences for your business:

blocking of advertisements and even the office due to non-compliance with the rules of advertising activity;
deterioration of the reputation and level of trust of the audience, which will have a bad effect on your competitiveness in the market;
loss of customers;
losses due to a decrease in sales, and, as a result, profits due to ignoring compliance;
fines, risks or sanctions from regulatory bodies for violating the rules of business activity, in particular marketing.

But by complying with the necessary requirements, you get a lot of advantages. One of them is that compliance marketing primarily attracts the attention of precisely those customers who value responsibility and transparency - this will significantly distinguish you in their eyes from the background of competitors. As a result, the level of trust of your target audience will increase significantly, which will strengthen the company's reputation and ensure long-term customer relationships.

The key requirements of marketing compliance, which must be taken into account before starting the promotion of the project

Data collection and processing requirements

The requirements for data collection and processing depend significantly on the region in which your business operates. Therefore, you should take into account the specifics of the legislation and regulations governing the field of data protection in a certain country or region.

The General Data Protection Regulation (GDPR) in the European Union establishes uniform rules for the protection of personal data of EU citizens. Companies working with the data of users from the European Union are obliged to obtain consent for the processing of personal data, to ensure transparency, to provide access and the possibility of data deletion, and to take measures to ensure the security of information.

The California Personal Data Protection Act (CCPA) in the US applies to companies that collect and process the data of California residents. The law gives users the right to control their data, to request information about the collected data, and to have the option to refuse the transfer of information to third parties.

In addition to GDPR and CCPA, there are other laws that regulate the collection and processing of data in different countries, for example, the Data Protection Act in Great Britain, the Personal Data Protection Act in Singapore, and others.

We remind you that the user must first confirm his agreement with this privacy policy in an understandable way. Flags, buttons or checkboxes on the website are usually used for this. It is important that data is collected and used only after consent has been obtained.

Information about the use of cookies

Cookies are small files that are stored on the user's device and allow tracking of the user's activity on the website. Web analytics systems, advertising campaigns in paid traffic sources use cookies in one way or another. Therefore, you must clearly inform users about the collection and use of this data. For this, you can use pop-ups, banners or other elements on the site. They must contain information about the use of cookies and provide an opportunity to refuse their collection.

Collection of data from children

When a company collects the personal data of children who have not reached the age of consent, it is carries certain obligations and limitations. They comply with legislation and ethical standards.

For example, the US Children's Online Protection Act (COPPA) requires companies that collect personal data from children under the age of 13 to obtain the consent of their parents or legal guardians before collecting and using such data. Companies are also required to provide parents with the ability to manage and review the data collected.

In turn, the General Data Protection Regulation (GDPR) in the European Union also contains special rules regarding the collection of children's data. The business must first obtain consent from the parents or legal guardians of children under the age of 16 (in some countries the age of consent may be lowered to 13).

Marketing campaigns that collect children's data must provide clear information about what data is collected, for what purposes it is used, and about the rights of parents and children in relation to this data.

Advertising rules

Before creating marketing campaigns on various platforms such as Amazon, Facebook and Google, it is important to carefully study and consider the rules and restrictions regarding advertising and promotion.

These platforms have their own advertising policies that determine the types of content allowed, prohibited topics, audience restrictions, keywords used, and many other aspects. Failure to follow these rules may result in ad rejection, suspension, or even blocking of the advertiser's account.

But that's not all. Depending on your activity, other documents may be required. This can be a disclaimer, terms of use, shipping policy, payment policy, etc. To find out exactly which documents are necessary in your case, you need to carefully research the requirements or contact professionals.

Experience using the marketing compliance of the remote marketing department of Solve Marketing

Solve Marketing's remote marketing department faces marketing compliance every day in the process of performing even the most routine tasks.

When creating advertisements, texts and creatives, we follow Facebook's advertising rules. Here are some of them:

advertising about programs or services that require the purchase of a subscription must be aimed at users over the age of 18;
the text of the ad must clearly explain the terms of subscription. For example, to advertise a project with a free trial subscription, after a 3-day free period, we have to explain that after the trial period, the user must either choose a paid subscription tariff or refuse to renew it;
the text should also fully describe the business model of the product without hiding details.

By following Facebook's policy, we not only protect the client's advertising account from blocking, but also:

we inform customers about the conditions of using the service;
we demonstrate a responsible attitude towards their interests;
we prevent disputes and conflicts with clients.

Conclusion

Adherence to the rules of compliance in marketing is a necessary prerequisite for the successful start of the project. By strictly following the requirements for data collection, informing about the use of cookies, obtaining data from children, advertising rules, company and other requirements, marketing compliance will ensure the trust and loyalty of your customers. In addition, it will help to avoid potential legal problems and sanctions that may arise in case of violation of data protection requirements and other user rights.