Global user consent regulations: How to achieve compliance across borders with consent management
Posted: July 3, 2022
As the world becomes increasingly privacy-conscious, global legislation is beginning to ramp up its force. And for enterprises operating across borders, achieving compliance on such a global scale can be a difficult feat for even the most seasoned privacy professionals.
To combat the increasing demands of global regulators, enterprises are turning to consent and preference management to align themselves with legislation, honor consent choices, and go beyond compliance to unlock deeper consumer insights.
A modern consent management platform goes far beyond simply recording ‘accept’ or ‘reject’ responses. It empowers organizations to respect user preferences, demonstrate accountability, and build trust; all while aligning with complex global privacy regulations like the GDPR, CCPA, LGPD, and more.
But with legislation constantly shifting, how can compliance teams keep up? And how can they ensure their data practices remain aligned with the latest legal requirements to avoid the penalties of non-compliance?
Jump to:
- What is a consent management platform?
- Assessing the global scope of privacy legislation
- Consent regulations in the EU
- Consent regulations in the US
- Consent regulations in Canada
- Consent regulations in South America
- Aligning with global legislation using a Consent Management Platform
What is a consent management platform?
A consent management platform is a powerful software that enables businesses to automate and streamline consent collection while maintaining transparency and trust with users.
Central to any modern privacy program, consent management plays a critical role in reducing legal risk by providing a centralized system for managing consent records, generating audit trails, and ensuring that data processing activities align with user choices.
Assessing the global scope of privacy legislation
Keeping track of global data privacy laws can feel like a losing game. Each with their own nuances and specifics, the pressure is on for privacy pros to get compliance right, or face the consequences.
This legal fragmentation makes it difficult to implement a one-size-fits-all approach. On top of that, technical and UX hurdles arise when trying to deliver region-specific consent experiences that are both compliant and user-friendly.
Balancing regulatory obligations with seamless user journeys requires adaptable systems and constant updates, making a consent management platform essential for global compliance.
Consent regulations in the EU
- General Data Protection Regulation (GDPR): A complex data protection law that governs how personal data is collected, processed, and stored across the EU.
- Consent requirements: Consent must be freely given, specific, informed, and unambiguous. Pre-ticked boxes or implied consent are not valid.
- ePrivacy Directive: Focuses on privacy in electronic communications, including cookies and direct marketing.
- Consent requirements: Requires prior informed consent for storing or accessing information on a user’s device, such as through cookies.
- Digital Markets Act (DMA): Regulates large digital platforms (‘gatekeepers’) to ensure fair competition and user choice.
- Consent requirements: Gatekeepers must obtain clear user consent before combining personal data across services.
- UK Data Use and Access Bill: Aims to improve data sharing and access across sectors while maintaining privacy safeguards.
- Consent requirements: Expected to require explicit consent for data sharing between entities, especially in sensitive sectors.
Consent regulations in the US
- California Consumer Privacy Act (CCPA): Grants California residents rights over their personal data, including access, deletion, and opting out of data sales.
- Consent requirements: Businesses must provide notice at collection and allow users to opt out of data sales. Explicit consent is required for sensitive data under CPRA.
- Virginia Consumer Data Protection Act (VCDPA): Virginia Consumer Data Protection Act (VCDPA) Provides rights similar to the GDPR, including access, correction, and deletion.
- Consent requirements: Requires opt-in consent for processing sensitive personal data.
- Texas Data Privacy and Security Act (TDPSA): Introduces broad consumer rights and business obligations.
- Consent requirements: Requires clear notice and opt-out mechanisms for targeted advertising and data sales.
- Health Insurance Portability and Accountability Act (HIPAA): Regulates the use and disclosure of protected health information (PHI) in the United States.
- Consent requirements: Requires written authorization for most uses of PHI outside of treatment, payment, or healthcare operations.
Consent regulations in Canada
- Personal Information Protection and Electronic Documents Act (PIPEDA): Federal law governing private-sector data practices.
- Consent requirements: Consent must be meaningful. Individuals must understand what they’re consenting to and why their data is being collected.
- Quebec’s Law 25: A modernized privacy law with stricter requirements than PIPEDA.
- Consent requirements: Requires express consent for data collection, with clear, accessible information provided to users.
Consent regulations in South America
- Brazil’s General Data Protection Law (LGPD): Modeled after the GDPR, it governs personal data processing across Brazil.
- Consent requirements: Consent must be freely given, informed, and specific, with clear documentation of user agreement.
- Law 21,719 (Chile): Enhances privacy protections with a new personal legislation for residents and enforces stricter compliance standards for businesses handling personal data.
- Consent requirements: Reaffirms consent as the primary basis for processing personal data in Chile, requiring it to be informed, prior, and freely revocable.
Aligning with global legislation using a Consent Management Platform
With major privacy laws like the GDPR and CCPA firmly in place, and new frameworks emerging each year, a consent management platform bridges regulatory differences by delivering customizable consent experiences tailored to each region’s legal standards, removing the burden on privacy professionals to master the nuances of every global regulation.
For example, the GDPR mandates that consent must be freely given, specific, informed, and unambiguous. Meanwhile, the CCPA emphasizes the right to opt out of data sales and requires clear notice at the point of data collection.
A scalable CMP can be configured to meet these varying standards, ensuring that businesses remain compliant regardless of where their users are located. With the right consent management platform, businesses can confidently scale globally while enhancing operational efficiencies, ensuring regulatory compliance, and strengthening consumer trust.
Stay Compliant. Build Trust. Grow Smarter.
Navigating complex global regulations, delivering granular user control, and maintaining seamless digital experiences is no small feat. But with Cassie’s Consent Management Platform (CMP), you don’t have to choose between compliance and performance.
Cassie gives your team a scalable, jurisdiction-aware solution that adapts to evolving laws and user expectations – without slowing down innovation, consolidating consent and preference data into a single source of truth, enabling:
- Smarter, compliant marketing through real-time consent signals
- Frictionless user experiences that build loyalty and trust
- Reduced regulatory risk and protection from costly penalties
- Measurable ROI from privacy-aligned data strategies
Where privacy expectations are rising and regulations are accelerating, Cassie gives you the tools to lead with clarity and control.
Because global compliance isn’t just a requirement, it’s a catalyst for innovation, trust, and sustainable growth.