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  • Overcoming Fintech and Finserv’s Biggest Data Analytics Challenges

    13 septembre 2024, par Daniel Crough — Banking and Financial Services, Marketing, Security

    Data powers innovation in financial technology (fintech), from personalized banking services to advanced fraud detection systems. Industry leaders recognize the value of strong security measures and customer privacy. A recent survey highlights this focus, with 72% of finance Chief Risk Officers identifying cybersecurity as their primary concern.

    Beyond cybersecurity, fintech and financial services (finserv) companies are bogged down with massive amounts of data spread throughout disconnected systems. Between this, a complex regulatory landscape and an increasingly tech-savvy and sceptical consumer base, fintech and finserv companies have a lot on their plates.

    How can marketing teams get the information they need while staying focused on compliance and providing customer value ? 

    This article will examine strategies to address common challenges in the finserv and fintech industries. We’ll focus on using appropriate tools, following effective data management practices, and learning from traditional banks’ approaches to similar issues.

    What are the biggest fintech data analytics challenges, and how do they intersect with traditional banking ?

    Recent years have been tough for the fintech industry, especially after the pandemic. This period has brought new hurdles in data analysis and made existing ones more complex. As the market stabilises, both fintech and finserve companies must tackle these evolving data issues.

    Let’s examine some of the most significant data analytics challenges facing the fintech industry, starting with an issue that’s prevalent across the financial sector :

    1. Battling data silos

    In a recent survey by InterSystems, 54% of financial institution leaders said data silos are their biggest barrier to innovation, while 62% said removing silos is their priority data strategy for the next year.

    a graphic highlighting fintech concerns about siloed data

    Data silos segregate data repositories across departments, products and other divisions. This is a major issue in traditional banking and something fintech companies should avoid inheriting at all costs.

    Siloed data makes it harder for decision-makers to view business performance with 360-degree clarity. It’s also expensive to maintain and operationalise and can evolve into privacy and data compliance issues if left unchecked.

    To avoid or remove data silos, develop a data governance framework and centralise your data repositories. Next, simplify your analytics stack into as few integrated tools as possible because complex tech stacks are one of the leading causes of data silos.

    Use an analytics system like Matomo that incorporates web analytics, marketing attribution and CRO testing into one toolkit.

    A screenshot of Matomo web analytics

    Matomo’s support plans help you implement a data system to meet the unique needs of your business and avoid issues like data silos. We also offer data warehouse exporting as a feature to bring all of your web analytics, customer data, support data, etc., into one centralised location.

    Try Matomo for free today, or contact our sales team to discuss support plans.

    2. Compliance with laws and regulations

    A survey by Alloy reveals that 93% of fintech companies find it difficult to meet compliance regulations. The cost of staying compliant tops their list of worries (23%), outranking even the financial hit from fraud (21%) – and this in a year marked by cyber threats.

    a bar chart shows the top concerns of fintech regulation compliance

    Data privacy laws are constantly changing, and the landscape varies across global regions, making adherence even more challenging for fintechs and traditional banks operating in multiple markets. 

    In the US market, companies grapple with regulations at both federal and state levels. Here are some of the state-level legislation coming into effect for 2024-2026 :

    Other countries are also ramping up regional regulations. For instance, Canada has Quebec’s Act Respecting the Protection of Personal Information in the Private Sector and British Columbia’s Personal Information Protection Act (BC PIPA).

    Ignorance of country- or region-specific laws will not stop companies from suffering the consequences of violating them.

    The only answer is to invest in adherence and manage business growth accordingly. Ultimately, compliance is more affordable than non-compliance – not only in terms of the potential fines but also the potential risks to reputation, consumer trust and customer loyalty.

    This is an expensive lesson that fintech and traditional financial companies have had to learn together. GDPR regulators hit CaixaBank S.A, one of Spain’s largest banks, with multiple multi-million Euro fines, and Klarna Bank AB, a popular Swedish fintech company, for €720,000.

    To avoid similar fates, companies should :

    1. Build solid data systems
    2. Hire compliance experts
    3. Train their teams thoroughly
    4. Choose data analytics tools carefully

    Remember, even popular tools like Google Analytics aren’t automatically safe. Find out how Matomo helps you gather useful insights while sticking to rules like GDPR.

    3. Protecting against data security threats

    Cyber threats are increasing in volume and sophistication, with the financial sector becoming the most breached in 2023.

    a bar chart showing the percentage of data breaches per industry from 2021 to 2023
<p>

    The cybersecurity risks will only worsen, with WEF estimating annual cybercrime expenses of up to USD $10.5 trillion globally by 2025, up from USD $3 trillion in 2015.

    While technology brings new security solutions, it also amplifies existing risks and creates new ones. A 2024 McKinsey report warns that the risk of data breaches will continue to increase as the financial industry increasingly relies on third-party data tools and cloud computing services unless they simultaneously improve their security posture.

    The reality is that adopting a third-party data system without taking the proper precautions means adopting its security vulnerabilities.

    In 2023, the MOVEit data breach affected companies worldwide, including financial institutions using its file transfer system. One hack created a global data crisis, potentially affecting the customer data of every company using this one software product.

    The McKinsey report emphasises choosing tools wisely. Why ? Because when customer data is compromised, it’s your company that takes the heat, not the tool provider. As the report states :

    “Companies need reliable, insightful metrics and reporting (such as security compliance, risk metrics and vulnerability tracking) to prove to regulators the health of their security capabilities and to manage those capabilities.”

    Don’t put user or customer data in the hands of companies you can’t trust. Work with providers that care about security as much as you do. With Matomo, you own all of your data, ensuring it’s never used for unknown purposes.

    A screenshot of Matomo visitor reporting

    4. Protecting users’ privacy

    With security threats increasing, fintech companies and traditional banks must prioritise user privacy protection. Users are also increasingly aware of privacy threats and ready to walk away from companies that lose their trust.

    Cisco’s 2023 Data Privacy Benchmark Study reveals some eye-opening statistics :

    • 94% of companies said their customers wouldn’t buy from them if their data wasn’t protected, and 
    • 95% see privacy as a business necessity, not just a legal requirement.

    Modern financial companies must balance data collection and management with increasing privacy demands. This may sound contradictory for companies reliant on dated practices like third-party cookies, but they need to learn to thrive in a cookieless web as customers move to banks and service providers that have strong data ethics.

    This privacy protection journey starts with implementing web analytics ethically from the very first session.

    A graphic showing the four key elements of ethical web analytics: 100% data ownership, respecting user privacy, regulatory compliance and Data transparency

    The most important elements of ethically-sound web analytics in fintech are :

    1. 100% data ownership : Make sure your data isn’t used in other ways by the tools that collect it.
    2. Respecting user privacy : Only collect the data you absolutely need to do your job and avoid personally identifiable information.
    3. Regulatory compliance : Stick with solutions built for compliance to stay out of legal trouble.
    4. Data transparency : Know how your tools use your data and let your customers know how you use it.

    Read our guide to ethical web analytics for more information.

    5. Comparing customer trust across industries 

    While fintech companies are making waves in the financial world, they’re still playing catch-up when it comes to earning customer trust. According to RFI Global, fintech has a consumer trust score of 5.8/10 in 2024, while traditional banking scores 7.6/10.

    a comparison of consumer trust in fintech vs traditional finance

    This trust gap isn’t just about perception – it’s rooted in real issues :

    • Security breaches are making headlines more often.
    • Privacy regulations like GDPR are making consumers more aware of their rights.
    • Some fintech companies are struggling to handle fraud effectively.

    According to the UK’s Payment Systems Regulator, digital banking brands Monzo and Starling had some of the highest fraudulent activity rates in 2022. Yet, Monzo only reimbursed 6% of customers who reported suspicious transactions, compared to 70% for NatWest and 91% for Nationwide.

    So, what can fintech firms do to close this trust gap ?

    • Start with privacy-centric analytics from day one. This shows customers you value their privacy from the get-go.
    • Build and maintain a long-term reputation free of data leaks and privacy issues. One major breach can undo years of trust-building.
    • Learn from traditional banks when it comes to handling issues like fraudulent transactions, identity theft, and data breaches. Prompt, customer-friendly resolutions go a long way.
    • Remember : cutting-edge financial technology doesn’t make up for poor customer care. If your digital bank won’t refund customers who’ve fallen victim to credit card fraud, they’ll likely switch to a traditional bank that will.

    The fintech sector has made strides in innovation, but there’s still work to do in establishing trustworthiness. By focusing on robust security, transparent practices, and excellent customer service, fintech companies can bridge the trust gap and compete more effectively with traditional banks.

    6. Collecting quality data

    Adhering to data privacy regulations, protecting user data and implementing ethical analytics raises another challenge. How can companies do all of these things and still collect reliable, quality data ?

    Google’s answer is using predictive models, but this replaces real data with calculations and guesswork. The worst part is that Google Analytics doesn’t even let you use all of the data you collect in the first place. Instead, it uses something called data sampling once you pass certain thresholds.

    In practice, this means that Google Analytics uses a limited set of your data to calculate reports. We’ve discussed GA4 data sampling at length before, but there are two key problems for companies here :

    1. A sample size that’s too small won’t give you a full representation of your data.
    2. The more visitors that come to your site, the less accurate your reports will become.

    For high-growth companies, data sampling simply can’t keep up. Financial marketers widely recognise the shortcomings of big tech analytics providers. In fact, 80% of them say they’re concerned about data bias from major providers like Google and Meta affecting valuable insights.

    This is precisely why CRO:NYX Digital approached us after discovering Google Analytics wasn’t providing accurate campaign data. We set up an analytics system to suit the company’s needs and tested it alongside Google Analytics for multiple campaigns. In one instance, Google Analytics failed to register 6,837 users in a single day, approximately 9.8% of the total tracked by Matomo.

    In another instance, Google Analytics only tracked 600 visitors over 24 hours, while Matomo recorded nearly 71,000 visitors – an 11,700% discrepancy.

    a data visualisation showing the discrepancy in Matomo's reporting vs Google Analytics

    Financial companies need a more reliable, privacy-centric alternative to Google Analytics that captures quality data without putting users at potential risk. This is why we built Matomo and why our customers love having total control and visibility of their data.

    Unlock the full power of fintech data analytics with Matomo

    Fintech companies face many data-related challenges, so compliant web analytics shouldn’t be one of them. 

    With Matomo, you get :

    • An all-in-one solution that handles traditional web analytics, behavioural analytics and more with strong integrations to minimise the likelihood of data siloing
    • Full compliance with GDPR, CCPA, PIPL and more
    • Complete ownership of your data to minimise cybersecurity risks caused by negligent third parties
    • An abundance of ways to protect customer privacy, like IP address anonymisation and respect for DoNotTrack settings
    • The ability to import data from Google Analytics and distance yourself from big tech
    • High-quality data that doesn’t rely on sampling
    • A tool built with financial analytics in mind

    Don’t let big tech companies limit the power of your data with sketchy privacy policies and counterintuitive systems like data sampling. 

    Start your Matomo free trial or request a demo to unlock the full power of fintech data analytics without putting your customers’ personal information at unnecessary risk.

  • LGPD : Demystifying Brazil’s New Data Protection Law

    31 août 2023, par Erin — Privacy

    The General Personal Data Protection Law (LGPD or Lei Geral de Proteção de Dados Pessoais) is a relatively new legislation passed by the Brazilian government in 2018. The law officially took effect on September 18, 2020, but was not enforced until August 1, 2021, due to complications from the COVID-19 pandemic.

    For organisations that do business in Brazil and collect personal data, the LGPD has far-reaching implications, with 65 separate articles that outline how organisations must collect, process, disclose and erase personal data.

    In this article, you’ll learn what the LGPD is, including its contents and how a legal entity can be compliant.

    What is the LGPD ?

    The LGPD is a new data protection and privacy law passed by the Federal Brazilian Government on May 29, 2018. The purpose of the law is to unify the 40 previous Brazilian laws that regulated the processing of personal data.

    The LGPD explained

    Many of the older laws have been either updated or removed to accommodate this change. The LGPD comprises 65 separate articles, and each covers a different area of the legislation, such as the rights of data subjects and the legal bases on which personal data may be collected. It also sets out the responsibilities of the National Data Protection Authority (ANPD), a newly created agency responsible for the guidance, supervision and enforcement of the LGPD.

    LGPD compliance is essential for organisations wishing to operate in Brazil and collect personal data for commercial purposes, whether online or offline. However, understanding the different rules and regulations and even figuring out if the LGPD applies to you can be challenging.

    Fortunately, the LGPD is relatively easy to understand and shares many similarities with the General Data Protection Regulation (GDPR), the data protection law implemented on May 25, 2018, by the European Union. This may help you better understand why the LGPD was enacted, the policies it contains and the goals it hopes to achieve. Both laws are very similar, but some items are unique to Brazil, such as what qualifies as a legal basis for collecting personal data.

    For these reasons, organisations should not apply a one-size-fits-all approach to GDPR and LGPD compliance, for they are different laws with different guiding principles and requirements.

    Who does the LGPD apply to, and who is exempt ?

    The LGPD applies to any natural person, public entity and private entity that collects, processes and stores personal data for commercial purposes within the national territory of Brazil. The same also applies to those who process the personal data of Brazilian and non-Brazilian citizens within the national territory of Brazil, even if the data processor is outside of Brazil. It also applies to those who process personal data collected from the national territory of Brazil.

    So, what does this all mean ? 

    Regardless of your location, if you conduct any personal data processing activities in Brazil or you process data that was collected from Brazil, then there is a high possibility that the LGPD applies to you. This is especially true if the data processing is for commercial purposes ; or, to be more precise, for the offering or provision of goods or services. It also means that subjects whose personal data is collected under these conditions are protected by the nine data subject rights.

    There are exceptions where the LGPD does not apply to data processors. These include if you process personal data for private or non-commercial reasons ; for artistic, journalistic and select academic purposes ; and for the purpose of state security, public safety, national defence and activities related to the investigation and prosecution of criminal offenders. Also, if the processed data originates from a country with similar data protection laws to Brazil, such as any country in the European Union (where the GDPR applies), then the LGPD will not apply to that individual or organisation.

    For these reasons, it is vital that you are familiar with the LGPD so that your data processing activities comply with the new standards. This is also important for the future, as an estimated 75% of the global population’s personal data will be protected by a privacy regulation. Getting things right now will make life easier moving forward.

    What are the nine LGPD data subject rights ?

    The LGPD has nine data subject rights. These protect the rights and freedoms of subjects, regardless of their political opinion and religious belief.

    What are the LGPD consumer rights?

    These rights, listed under Article 19 of the LGPD, confirm that a data subject has the right to :

    1. Confirm the processing of their data.
    2. Access their data.
    3. Correct data that is incomplete, not accurate and out of date.
    4. Anonymize, block and delete data that is excessive, unnecessary and was not processed in compliance with the law.
    5. Move their data to a different service provider or product provider by special request.
    6. Delete or stop using personal data under certain circumstances.
    7. Gain information about who the data processor has shared the processed data with, including private and public entities.
    8. Be informed as to what the consequences may be for denying consent to the collection of personal data.
    9. Revoke consent to have their personal data processed under certain conditions.

    Many of these data subject rights are like the GDPR. For example, both the GDPR and LGPD give data subjects the right to be informed, the right to access, the right to data portability and the right to rectify false data. However, while the LGPD has nine data subject rights, the GDPR has only eight. What is the extra data subject right ? The right to gain information on who a data processor has shared your data with.

    There are other slight differences between the GDPR and LGPD with regard to data subject rights. For instance, the GDPR has a clear right to restrict certain data processing activities, such as those related to automation. The LGPD has this, too. But the subject of data collection automation is under Article 20, separate from all the data subject rights listed under Article 19.

    Under what conditions can personal data in Brazil be processed ?

    There are various conditions under which organisations can legally conduct personal data processing in Brazil. The aim of these conditions is to give data subjects confidence — that their personal data is processed for only safe, legal and ethical reasons. Also, the conditions help data processors, both individuals and organisations, determine if they have a legal basis for processing personal data in or in relation to Brazil.

    Legal basis of data collection in Brazil

    According to Article 7 of the LGPD, data processing may only be carried out if done :

    1. With consent by the data subject.
    2. To comply with a legal or regulatory obligation.
    3. By public authorities to assist with the execution of a public policy, one established by law or regulation.
    4. To help research entities carry out studies ; granted, when possible, subjects can anonymize their data.
    5. To carry out a contract or preliminary procedure, in particular, one related to a contract where the data subject is a party.
    6. To exercise the right of an arbitration, administration or judicial procedure.
    7. To protect the physical safety or life of someone
    8. To protect the health of someone about to undergo a procedure performed by health entities
    9. To fulfill the legitimate interests of a data processor, unless doing so would compromise a data subject’s fundamental rights and liberties.
    10. To protect one’s credit score.

    Much like the nine data subject rights, there are key differences between the LGPD and GDPR. The GDPR has six lawful bases for data processing, while the LGPD has ten. One notable addition to the LGPD is for the protection of one’s credit score, which is not covered by the GDPR. Another reason to ensure compliance with both data protection laws separately.

    LGPD vs. GDPR : How do they differ ?

    The LGPD was modeled closely on the GDPR, so it’s no surprise the two are similar. 

    Both laws ensure a high level of protection for the rights and freedoms of data subjects. They outline the legal justifications for data processing, establish the responsibilities of a data protection authority and lay out the penalties for non-compliance. That said, there are key differences between them.

    First, data subject rights ; the LGPD has nine, while the GDPR has eight. The GDPR gives data subjects the right to request a human review of automated decision-making, while the LGPD does not. Second, the legal bases for processing ; the LGPD has ten, while the GDPR has six. The four legal bases unique to the LGPD are : for protection of credit, for protection of health, for protection of life and for research entities carrying out studies.

    Both the LGPD and GDPR have different non-compliance penalties. The maximum fine for an infraction under the GDPR is up to €20 million (or 4% of the offender’s annual global revenue, whichever is higher). The maximum fine for an LGPD infraction is up to 50 million reais (around €9.2 million), or up to 2% of an offender’s revenue in Brazil, whichever is higher.

    6 steps to LGPD compliance with Matomo

    Below are steps you can follow to ensure your organisation is LGPD compliant. You’ll also learn how Matomo can help you comply quickly and easily.

    How to ensure compliance with LGPD

    Let’s dive in.

    1. Appoint a DPO

    A DPO is a person, group, or organisation that communicates with data processors, data subjects, and the ANDP.

    Curiously, the LGPD lets you appoint your own DPO — even if they reside out of Brazil. So if the LGPD applies to you, you can appoint someone in your organisation to be a DPO. Just make sure that the nominated person has the understanding and capacity to perform the role’s duties.

    2. Assess your data

    Once you’re familiar with the LGPD and confirm your eligibility for LGPD compliance, take the time to assess your data. If you plan to collect data within the territory of Brazil, you’ll need to confirm the exact location of your data subjects. 

    To do this in Matomo, simply go to the previous year’s calendar. Then click on visitors, go to locations, and look for Brazil under the “Region” section. This will tell you how many of your web visitors are located in Brazil.

    Matomo data subject locations

    3. Review privacy practices

    Review your existing privacy policies and practices, as there’s a good chance they’ll need to be updated to comply with the LGPD. Also, review your data sharing and third-party agreements, as you may need to communicate these new policies to partners that you rely on to deliver your services. 

    Lastly, review your procedures for tracking personal data and Personally Identifiable Information (PII). You may need to modify the type of data that you track to comply with the LGPD. You may even be tracking this data without your knowledge.

    4. Anonymize tracking data

    Data subjects under the LGPD have the right to request data anonymity. Therefore, to be LGPD compliant, your organisation must be able to accommodate for such a request.

    Fortunately, Matomo has various data anonymization techniques that help you protect your data subject’s privacy and comply with the LGPD. These techniques include the ability to anonymize previously tracked raw data, anonymize visitor IP addresses, and anonymize relevant geo-location data such as regions, cities and countries.

    Matomo data anonymity feature

    You can find these features and more under the Anonymize data tab within the Privacy menu on the Matomo Settings page. Learn more about how to configure privacy settings in Matomo.

    5. Comply with LGPD consent laws without cookies

    By using Matomo to anonymize the data of your data subjects, this enables you to comply with LGPD consent laws and remove the need to display cookie consent banners on your website. This is made possible by the fact that Matomo is a cookieless tracking web analytics platform.

    Unlike other web analytics platforms like Google Analytics, which collect and use third-party cookies (persistent data that remains on your device, until that data expires or until you manually delete it) for their “own purposes,” Matomo is different. We use alternative means to identify web visitors, such as count the number of unique IP addresses and perform browser fingerprinting, neither of which involve the collection of personal data.

    As a result, you don’t have to display cookie consent banners on your website, and you can track your web visitors even if they disable cookies.

    6. Give users the right to opt-out

    Under the LGPD, data subjects have the right to opt-out of your data collection procedures. For this reason, make sure that your web visitors can do this on your website.

    Matomo tracking opt-out feature

    You can do this in Matomo by adding an opt-out from tracking form to your website. To do this, click on the cog icon in the top menu, load the settings page, and click on the Users opt-out menu item in the Privacy section. Then follow the instructions to customise and publish the Matomo opt-out form.

    Achieve LGPD compliance with Matomo

    Like GDPR for Europe, the LGPD will impact organisations doing business in Brazil. And while they both share much of the same definitions and data subject rights, they differ on what qualifies as a legal basis for processing sensitive data. Complying with the GDPR and LGPD separately is non-negotiable and essential to avoiding maximum fines of €20 million and €9.2 million, respectively.

    Comply with LGPD with Matomo

    As a web analytics platform with LGPD compliance, Matomo prioritises data privacy without compromising performance. Switch to a powerful LGPD-compliant web analytics platform that respects users’ privacy. 

    Get a 21-day free trial of Matomo today. No credit card required.

    Disclaimer

    We are not lawyers and don’t claim to be. The information provided here is to help give an introduction to LGPD. We encourage every business and website to take data privacy seriously and discuss these issues with your lawyer if you have any concerns.

  • Protecting consumer privacy : How to ensure CCPA compliance

    18 août 2023, par Erin — CCPA, Privacy

    The California Consumer Privacy Act (CCPA) is a state law that enhances privacy rights and consumer protection for residents of California. 

    It grants consumers six rights, like the right to know what personal information is being collected about them by businesses and others. 

    CCPA also requires businesses to provide notice of data collection practices. Consumers can choose to opt out of the sale of their data. 

    In this article, we’ll learn more about the scope of CCPA, the penalties for non-compliance and how our web analytics tool, Matomo, can help you create a CCPA-compliant framework.

    What is the CCPA ? 

    CCPA was implemented on January 1, 2020. It ensures that businesses securely handle individuals’ personal information and respect their privacy in the digital ecosystem. 

    How does CCPA compliance add value

    CCPA addresses the growing concerns over privacy and data protection ; 40% of US consumers share that they’re worried about digital privacy. With the increasing amount of personal information being collected and shared by businesses, there was a need to establish regulations to provide individuals with more control and transparency over their data. 

    CCPA aims to protect consumer privacy rights and promote greater accountability from businesses when handling personal information.

    Scope of CCPA 

    The scope of CCPA includes for-profit businesses that collect personal information from California residents, regardless of where you run the business from.

    It defines three thresholds that determine the inclusion criteria for businesses subject to CCPA regulations. 

    Businesses need to abide by CCPA if they meet any of the three options :

    1. Revenue threshold : Have an annual gross revenue of over $25 million.
    2. Consumer threshold : Businesses that purchase, sell or distribute the personal information of 100,000 or more consumers, households or devices.
    3. Data threshold : Businesses that earn at least half of their revenue annually from selling the personal information of California residents.

    What are the six consumer rights under the CCPA ? 

    Here’s a short description of the six consumer rights. 

    The six rights of consumers under CCPA
    1. Right to know : Under this right, you can ask a business to disclose specific personal information they collect about you and the categories of sources of the information. You can also know the purpose of collection and to which third-party the business will disclose this info. This allows consumers to understand what information is being held and how it is used. You can request this info for free twice a year.
    2. Right to delete : Consumers can request the deletion of their personal information. Companies must comply with some exceptions.
    3. Right to opt-out : Consumers can deny the sale of their personal information. Companies must provide a link on their homepage for users to exercise this right. After you choose this, companies can’t sell your data unless you authorise them to do so later.
    4. Right to non-discrimination : Consumers cannot be discriminated against for exercising their CCPA rights. For instance, a company cannot charge different prices, provide a different quality of service or deny services.
    5. Right to correct : Consumers can request to correct inaccurate personal information.

    6. Right to limit use : Consumers can specify how they want the businesses to use their sensitive personal information. This includes social security numbers, financial account details, precise geolocation data or genetic data. Consumers can direct businesses to use this sensitive information only for specific purposes, such as providing the requested services.

    Penalties for CCPA non-compliance 

    52% of organisations have yet to adopt CCPA principles as of 2022. Non-compliance can attract penalties.

    Section 1798.155 of the CCPA states that any business that doesn’t comply with CCPA’s terms can face penalties based on the consumer’s private right to action. Consumers can directly take the company to the civil court and don’t need prosecutors’ interventions. 

    Businesses get a chance of 30 days to make amends for their actions. 

    If that’s also not possible, the business may receive a civil penalty of up to $2,500 per violation. Violations can be of any kind, even accidental. An intentional violation can attract a fine of $7,500. 

    Consumers can also initiate private lawsuits to claim damages that range from $100 to $750, or actual damages (whichever is higher), for each occurrence of their unredacted and unencrypted data being breached on a business’s server.

    CCPA vs. GDPR 

    Both CCPA and GDPR aim to enhance individuals’ control over their personal information and provide transparency about how their data is collected, used and shared. The comparison between the CCPA and GDPR is crucial in understanding the regulatory framework of data protection laws.

    Here’s how CCPA and GDPR differ :

    Scope

    • CCPA is for businesses that meet specific criteria and collect personal information from California residents. 
    • GDPR (General Data Protection Regulation) applies to businesses that process the personal data of citizens and residents of the European Union.

    Definition of personal information

    • CCPA includes personal information broadly, including identifiers such as IP addresses and households. Examples include name, email id, location and browsing history. However, it excludes HIPAA-protected medical data, clinical trial data and other personal information from government records.
    • GDPR covers any personal data relating to an identified or identifiable individual, excluding households. Examples include the phone number, email address and personal identification number. It excludes anonymous and deceased person’s data.
    Personal information definition under CCPA and GDPR

    Consent

    • Under the CCPA, consumers can opt out of the sale of their personal information.
    • GDPR states that organisations should obtain explicit consent from individuals for processing their personal data.

    Rights

    • CCPA grants the right to know what personal information is being collected and the right to request deletion of their personal information.
    • GDPR also gives individuals various rights, such as the right to access and rectify their personal data, the right to erasure (also known as the right to be forgotten) and also the right to data portability. 

    Enforcement

    • For CCPA, businesses may have to pay $7,500 for each violation. 
    • GDPR has stricter penalties for non-compliance, with fines of up to 4% of the global annual revenue of a company or €20 million, whichever is higher.

    A 5-step CCPA compliance framework 

    Here’s a simple framework you can follow to ensure compliance with CCPA. Alongside this, we’ll also share how Matomo can help. 

    Matomo is an open-source web analytics platform trusted by organisations like the United Nations, NASA and more. It provides valuable insights into website traffic, visitor behaviour and marketing effectiveness. More than 1 million websites and apps (approximately 1% of the internet !) use our solution, and it’s available in 50+ languages. Below, we’ll share how you can use Matomo to be CCPA compliant.

    1. Assess data

    First, familiarise yourself with the California Consumer Privacy Act and check your eligibility for CCPA compliance. 

    For example, as mentioned earlier, one threshold is : purchases, receives or sells the personal data of 100,000 or more individuals or households

    But how do you know if you have crossed 100K ? With Matomo ! 

    Go to last year’s calendar, select visitors, then go to locations and under the “Region” option, check for California. If you’ve crossed 100K visitors, you know you have to become CCPA compliant.

    View geolocation traffic details in Matomo

    Identify and assess the personal information you collect with Matomo.

    2. Evaluate privacy practices

    Review the current state of your privacy policies and practices. Conduct a thorough assessment of data sharing and third-party agreements. Then, update policies and procedures to align with CCPA requirements.

    For example, you can anonymise IP addresses with Matomo to ensure that user data collected for web analytics purposes cannot be used to trace back to specific individuals.

    Using Matomo to anonymize visitors' IP addresses

    If you have a consent management solution to honour user requests for data privacy, you can also integrate Matomo with it. 

    3. Communicate 

    Inform consumers about their CCPA rights and how you handle their data.

    Establish procedures for handling consumer requests and obtaining consent. For example, you can add an opt-out form on your website with Matomo. Or you can also use Matomo to disable cookies from your website.

    Screenshot of a command line disabling cookies

    Documenting your compliance efforts, including consumer requests and how you responded to them, is a good idea. Finally, educate staff on CCPA compliance and their responsibilities to work collaboratively.

    4. Review vendor contracts

    Assessing vendor contracts allows you to determine if they include necessary data processing agreements. You can also identify if vendors are sharing personal information with third parties, which could pose a compliance risk. Verify if vendors have adequate security measures in place to protect the personal data they handle.

    That’s why you can review and update agreements to include provisions for data protection, privacy and CCPA requirements.

    Establish procedures to monitor and review vendor compliance with CCPA regularly. This may include conducting audits, requesting certifications and implementing controls to mitigate risks associated with vendors handling personal data.

    5. Engage legal counsel

    Consider consulting with legal counsel to ensure complete understanding and compliance with CCPA regulations.

    Finally, stay updated on any changes or developments related to CCPA and adjust your compliance efforts accordingly.

    Matomo and CCPA compliance 

    There’s an increasing emphasis on privacy regulations like CCPA. Matomo offers a robust solution that allows businesses to be CCPA-compliant without sacrificing the ability to track and analyse crucial data.

    You can gain in-depth insights into user behaviour and website performance — all while prioritising data protection and privacy. 

    Request a demo or sign up for a free 21-day trial to get started with our powerful CCPA-compliant web analytics platform — no credit card required. 

    Disclaimer

    We are not lawyers and don’t claim to be. The information provided here is to help give an introduction to CCPA. We encourage every business and website to take data privacy seriously and discuss these issues with your lawyer if you have any concerns.