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OneTrust

Valid proof of consent: What marketers need to know

By OneTrust

Data, trust, and compliance are three big focus areas for marketers. In terms of consent, obtaining it from your audience is critical to executing marketing activities in a privacy-centric way – and so is proving you’ve obtained that consent.

Consent matters not only for staying compliant with global privacy regulations, including the GDPR, but also for establishing a relationship of trust between your brand and your customer base. As your organization begins to initiate a stronger relationship of trust with the end user, it’s important to build a marketing-consented database and be able to centralize consent details such as what the end user consented to, what they were told upon consent, etc. Empowering your organization to be an industry leader in customer trust and compliance means that you must address one key issue: valid consent.

What is Valid Consent?

Valid consent addresses the call for proof of consent across multiple regulations (e.g. GDPR, CCPA, LGPD, etc.). Obtaining valid proof of consent is key in enabling your organization to acquire and use marketing data ethically. It also allows you to provide tangible evidence to your customer base when necessary. Many organizations today have consent stored as a simple yes or no flag with a timestamp in their CRM or marketing automation tool, which is not considered fully compliant. Multiple regulations provide guidance on keeping valid proof of consent, but you will need to at the very least track the following:

  • Who consented and when they consented
  • What they were told at the time of consent
  • How they consented

Many marketers rely on a simple checkbox and a yes/no answer for consent. However, to properly demonstrate consent, you need records that include:

  • The name of the individual or another identifier (e.g. online user, name, session ID)
  • Dated documents or online records that include a timestamp
  • A master copy of the document or data capture form Version and copy of any privacy policy or notice shown at the time
  • Offline: a copy of the relevant documentation
  • Online: should include data submitted and a link to the relevant form version of the captured data

To learn what marketing activities require consent and what regulations apply, download this free infographic from OneTrust Consent and Preferences.

DMA and OneTrust offer marketers GDPR compliance tools

OneTrust and the Data & Marketing Association (DMA) have entered a strategic partnership to equip marketers with the tools, training and resources needed to successfully build, implement and scale responsible marketing programmes that comply with global privacy laws including the GDPR and CCPA.

As the DMA’s Responsible Marketing Partner, OneTrust will work with the organisation to provide software tools, training, resources and thought leadership to help marketing departments to responsibly manage, protect and administer customer data.

The GDPR and CCPA created new compliance challenges for marketers to maintain compliance while delivering customised user experiences. The partnership includes supporting the “Data Privacy: An industry perspective 2019” research. This latest survey is currently open to anyone working in the data & marketing industry to share their latest views.

The partnership includes:

  • Resources & Research: OneTrust and the DMA will produce joint surveys and webinars focused on the topics most relevant to marketers, including how to comply with the GDPR and the latest regulatory amendment to the CCPA.
  • Free In-Person Workshops: OneTrust and the DMA will partner at select PrivacyConnect and MarketingConnect workshops, free, local events that equip privacy and marketing professionals to connect, share experiences, and learn the latest regulatory requirements and implementation best practices.
  • The DMA’s Data Summit: OneTrust will also headline the DMA’s Data Protection Summit, taking place on 28 February in London.

“As the industry association representing the data and marketing industry, acting responsibly while also creating engaging experiences that put customers first is a core tenet of our Code. In OneTrust we have found a partner that shares these key values and the belief in a customer-centric approach to data and privacy,” said Rachel Aldighieri, MD of the Data & Marketing Association (DMA). “The partnership will also offer added benefit to our members, offering them access to a range of additional tools, training and resources to not just comply with privacy laws, but truly put the customer at the heart of their business. Giving them a competitive advantage by developing trust through their approach to data and privacy.”

“Becoming the DMA’s Responsible Marketing Partner was a natural fit; we share a mission to equip marketers for success while maintaining compliance with the evolving regulatory environment,” said Kabir Barday, CEO and Fellow of Information Privacy (FIP), OneTrust. “We’re excited to build upon our existing partnership and launch new research and resources for marketers. Together we’re able to provide members access to the OneTrust PreferenceChoice suite of marketing compliance tools, resources, research and best practices to responsibly manage and protect customer data.”