It’s been over 20 years since the ePrivacy Directive was first introduced in 2002, meaning it’s been over two decades since businesses needed to consider the way they collect data and consent.
Of course, it wasn’t until 2018 that more comprehensive legislation came into force with the General Data Privacy Regulation (GDPR). The GDPR caused a seismic shift in protocols for data management, setting the benchmark for data privacy laws around the world in years to follow.
For many businesses, the GDPR laid the foundation for how they handle consent management at scale. In the US, the California Consumer Privacy Act (CCPA) was the first legislation to make a dent for US-based organizations, more specifically.
Fast-forward to today.
According to IAPP, 144 countries have enacted national data privacy laws, bringing approximately 6.64 billion people or 82% of the world’s population under the protection of some form of national data privacy legislation.
Around the world, new legislation has been introduced, often bringing countries’ data privacy frameworks into alignment with other international standards.
There are over a dozen new US state privacy laws, each with their own nuances.
And there are no signs of privacy legislation slowing down. Many countries are actively revising their policies to move with the rapid rate at which technology is evolving (AI, anyone?).
So, now might just be the perfect time to re-evaluate your Consent Management Platform.
We all know things have changed since 2002 – even since 2018.
The way you collect, store and manage consent should change, too. Businesses that simply approach compliance as a box-ticking exercise are already behind the curve. Let’s take a look at some of the reasons why…
- Legacy tools and in-house solutions weren’t designed for the future
- Complex legislation means no more copy-paste privacy
- Google is changing the game (again)
- Consumer expectations are changing
Legacy consent tools built around GDPR can’t be ‘retrofitted’
To meet the compliance deadlines set by the GDPR back in 2018, many businesses scrambled to either build a solution in house or pick a vendor from a pretty small pool of options at the time. The latter in particular, have attempted to keep up with the market by bolting on additional components, which leads to poor user experience and time-consuming configurations between different platforms.
Just under a decade later, a lot has changed both from a technological perspective and legislation. So, these tools and in-house consent management systems might have ticked the box then but not so much now. And they’re a lot harder to work with now with more complex implementations and requirements.
Simply put, they don’t do what global brands need them to. With more pressure than ever to innovate and create competitive advantage, organizations are left looking at the tools they currently have and feel stifled. There isn’t a simple way to retrofit them to enable better insights. Now more than ever, you need solutions that are future-proof and continue to adapt.
Complex legislation means copy-paste privacy won’t work
The legislative landscape, as mentioned, will continue to undergo huge transformation. Ultimately, it’s up to brands to move beyond one-size-fits-all solutions if they want to stay ahead rather than chase to keep up.
For example, the Maryland Online Data Privacy Act (MODPA) has a broad applicability to a significant number of businesses, rigorous data minimization requirements, and stringent controls over sensitive data, setting a new benchmark for privacy legislation in the United States.
Not only does a blanket approach risk non-compliance, it can also cause poor user experience and potentially create unnecessary blockers to data access.
Properly managed consent can provide valuable insights into consumer preferences and behaviors. Generic policies may not fully leverage these opportunities, limiting the potential benefits of data-driven decision-making. Customizing consent management enables businesses to maximize the value of their data while ensuring compliance.
Google is changing the game (again)
Cookies have been the cornerstone of digital marketing for decades. The threat of a cookieless future has been looming, as Google toys with removing them or switching to a server-side route. Either way, it’s bad news for marketers (that don’t prepare), a headache for compliance teams to keep communications above board, and IT teams need to make sure the infrastructure of systems is correct. Fundamentally, Google will control a lot more of the data collected behind the browser.
Many legacy solutions and compliance programs only consider cookies, but new legislation covers all types of tracking methods, including SDKs and Pixels. Throw AI into the mix – with Google moving towards AI-enabled assistants that will change how users interact with the web – their approach to tracking will also adapt. Businesses need to consider how consent collection will work in the future, with a platform that can provide access to the data layer.
Consumer expectations are changing
We’ve all felt frustrated as another cookie banner pops up, sometimes after you’ve already said no, or even whilst you’re still browsing the same site. They can take up the entire page, often don’t tell you what they’re really doing with your data, or don’t even let you opt out.
Legacy consent management solutions are often rigid in customization, with limited flexibility in providing more granular preference controls. In today’s day and age, consumers expect to be able to tell you exactly what they do and don’t want, which in turn enhances your opportunity to provide more personalized experiences. Global brands can leverage next generation consent management platforms to build stronger relationships with their customers.
Cassie, for example, offers advanced functionality like the Identity Service to reduce the frequency of cookie banner pop ups when cookies have been deleted by browsers, or Cross Domain Consent, to share consent across root domains to not interrupt the user journey with another consent request banner. You can create consent experiences that are intuitive whilst still respectful of preferences and compliant with legislation.
Final thoughts
Organizations must re-evaluate their Consent Management Platforms to ensure they are equipped to handle the complexities of modern data privacy laws and provide a seamless user experience. By adopting next-generation solutions that are flexible, customizable, and future-proof, businesses can not only stay compliant but also build stronger relationships with their customers. Don’t let outdated providers hold you back from achieving your full potential and unlocking more powerful insights from consent.
