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• Data Privacy Regulations : Essential Knowledge for Global Business

  6 mars, par Daniel Crough

  If you run a website that collects visitors’ data, you might be violating privacy regulations somewhere in the world. At last count, over 160 countries have privacy laws — and your customers in those countries know about them.

  A recent survey found that 53% of people who answered know about privacy rules in their country and want to follow them. This is up from 46% two years ago. Furthermore, customers increasingly want to buy from businesses they can trust with their data.

  That’s why businesses must take data privacy seriously. In this article, we’ll first examine data privacy rules, why we need them, and how they are enforced worldwide. Finally, we’ll explore strategies to ensure compliance and tools that can help.

  What are data privacy regulations ?

  Let’s first consider data privacy. What is it ? The short answer is individuals’ ability to control their personal information. That’s why we need laws and rules to let people decide how their data is collected, used, and shared. Crucially, the laws empower individuals to withdraw permission to use their data anytime.

  The UNCTAD reports that only 13 countries had data protection laws or rules before the 2000s. Many existed before businesses could offer online services, so they needed updating. Today, 162 national laws protect data privacy, half of which emerged in the last decade.

  Why is this regulation necessary ?

  There are many reasons, but the impetus comes from consumers who want their governments to protect their data from exploitation. They understand that participating in the digital economy means sharing personal information like email addresses and telephone numbers, but they want to minimise the risks of doing so.

  Data privacy regulation is essential for :

  • Protecting personal information from exploitation with transparent rules and guidelines on handling it securely.
  • Implementing adequate security measures to prevent data breaches.
  • Enforcing accountability for how data is collected, stored and processed.
  • Giving consumers control over their data.
  • Controlling the flow of data across international borders in a way that fully complies with the regulations.
  • Penalising companies that violate privacy laws.

  Isn’t it just needless red tape ?

  Data breaches in recent years have been one of the biggest instigators of the increase in data privacy regulations. A list of the top ten data breaches illustrates the point.

  #	Company	Location	Year	# of Records	Data Type
  1	Yahoo	Global	2013	3B	user account information
  2	Aadhaar	India	2018	1.1B	citizens’ ID/biometric data
  2	Alibaba	China	2019	1.1B	users’ personal data
  4	LinkedIn	Global	2021	700M	users’ personal data
  5	Sina Weibo	China	2020	538M	users’ personal data
  6	Facebook	Global	2019	533M	users’ personal data
  7	Marriott Int’l	Global	2018	500M	customers’ personal data
  8	Yahoo	Global	2014	500M	user account information
  9	Adult Friend Finder	Global	2016	412.2M	user account information
  10	MySpace	USA	2013	360M	user account information

  And that’s just the tip of the iceberg. Between November 2005 and November 2015, the US-based Identity Theft Resource Center counted 5,754 data breaches that exposed 856,548,312 records, mainly in that country.

  It’s no wonder that citizens worldwide want organisations they share their personal data with to protect that data as if it were their own. More specifically, they want their governments to :

  • Protect their consumer rights
  • Prevent identity theft and other consumer fraud
  • Build trust between consumers and businesses
  • Improve cybersecurity measures
  • Promote ethical business practices
  • Uphold international standards

  Organisations using personal data in their operations want to minimise financial and reputational risk. That’s common sense, especially when external attacks cause 68% of data breaches.

  The terminology of data privacy

  With 162 national laws already in place, the legal space surrounding data privacy grows more complex every day. Michalsons has a list of different privacy laws and regulations in force in significant markets around the world.

  Fortunately, there’s plenty of commonality for two reasons : first, all countries want to solve the same problem ; second, those drafting the legislation have adopted much of what other countries have already developed. As a result, the terminology remains almost the same, even when the language changes.

  These are the core concepts at play :

  Term	Definition
  Access and control	Consumers can access, review, edit and delete their data
  Data protection	Organisations must protect data from being stolen or compromised
  Consumer consent	Consumers can grant and withdraw or refuse access to their data
  Deletion	Consumers can request to have their data erased
  Data breach	When the security of data has been compromised
  Data governance	The management of data within an organisation
  Double opt-in	Two-factor authentication to add a layer of confirmation
  GDPR	Governing data privacy in Europe since 2016
  Personally identifiable information (PII)	Data used to identify, locate, or contact an individual
  Pseudonymisation	Replace personal identifiers with artificial identifiers or pseudonyms
  Publicly available information	Data from official sources, without restrictions on access or use
  Rectification	Consumers can request to have errors in their data corrected

  Overview of current data privacy legislation

  Over three-quarters of the world has formulated and rolled out data privacy legislation — or is currently doing so. Here’s a breakdown of the laws and regulations you can expect to find in most significant markets worldwide.

  Europe

  Thoughts of protecting data privacy first occurred in Europe when the German government became concerned about automated data processing in 1970. A few years later, Sweden was the first country to enact a law requiring permits for processing personal data, establishing the first data protection authority.

  General Data Protection Regulation (GDPR)

  Sweden’s efforts triggered a succession of European laws and regulations that culminated in the European Union (EU) GDPR, enacted in 2016 and enforced from 25 May 2018. It’s a detailed and comprehensive privacy law that safeguards the personal data and privacy of EU citizens.

  The main objectives of GDPR are :

  • Strengthening the privacy rights of individuals by empowering them to control their data.
  • Establishing a uniform data framework for data privacy across the EU.
  • Improving transparency and accountability by mandating businesses to handle personal data responsibly and fully disclose how they use it.
  • Extending the regulation’s reach to organisations external to the EU that collect, store and process the data of EU residents.
  • Requiring organisations to conduct Protection Impact Assessments (PIAs) for “high-risk” projects.

  ePrivacy Regulation on Privacy and Electronic Communications (PECR)

  The second pillar of the EU’s strategy to regulate the personal data of its citizens is the ePrivacy Regulation on Privacy and Electronic Communications (EU PECR). Together with the GDPR, it will comprise data protection law in the union. This regulation applies to :

  • Providers of messaging services like WhatsApp, Facebook and Skype
  • Website owners
  • Owners of apps that have electronic communication components
  • Commercial direct marketers
  • Political parties sending promotional messages electronically
  • Telecommunications companies
  • ISPs and WiFi connection providers

  The EU PECR was intended to commence with GDPR on 25 May 2018. That didn’t happen, and as of January 2025, it was in the process of being redrafted.

  EU Data Act

  One class of data isn’t covered by GDPR or PECR : internet product-generated data. The EU Data Act provides the regulatory framework to govern this data, and it applies to manufacturers, suppliers, and users of IoT devices or related services.

  The intention is to facilitate data sharing, use, and reuse and to facilitate organisations’ switching to a different cloud service provider. The EU Data Act entered into force on 11 January 2024 and is applicable from September 2025.

  GDPR UK

  Before Brexit, the EU GDPR was in force in the UK. After Brexit in 2020, the UK opted to retain the regulations as UK GDPR but asserted independence to keep the framework under review. It’s part of a wider package of reform to the data protection environment that includes the Data Protection Act 2018 and the UK PECR.

  In the USA

  The primary federal law regarding data privacy in the US is the Privacy Act of 1974, which has been in revision for some time. However, rather than wait for the outcome of that process, many business sectors and states have implemented their own measures.

  Sector-specific data protection laws

  This sectoral approach to data protection relies on a combination of legislation, regulation and self-regulation rather than governmental control. Since the mid-1990s, the country has allowed the private sector to lead on data protection, resulting in ad hoc legislation arising when circumstances require it. Examples include the Video Privacy Protection Act of 1988, the Cable Television Protection and Competition Act of 1992 and the Fair Credit Reporting Act.

  

  California Consumer Privacy Act (CCPA)

  California was the first state to act when federal privacy law development stalled. In 2018, it enacted the California Consumer Privacy Act (CCPA) to protect and enforce Californians’ rights regarding the privacy of their personal information. It came into force in 2020.

  California Privacy Act (CPRA)

  In November of that same year, California voters approved the California Privacy Rights Act (CPRA). Billed as the strongest consumer privacy law ever enacted in the US, CPRA works with CCPA and adds the best elements of laws and regulations in other jurisdictions (Europe, Japan, Israel, New Zealand, Canada, etc.) into California’s personal data protection regime.

  Virginia Consumer Data Protection Act (CDPA)

  In March 2021, Virginia became the next US state to implement privacy legislation. The Virginia Consumer Data Protection Act (VCDPA), which is also informed by global legislative developments, tries to strike a balance between consumer privacy protections and business interests. It governs how businesses collect, use, and share consumer data.

  Colorado Privacy Act (CPA)

  Developed around the same time as VCDPA, the Colorado Privacy Act (CPA) was informed by that law and GDPR and CCPA. Signed into law in July 2021, the CPA gives Colorado residents more control over their data and establishes guidelines for businesses on handling the data.

  Other states generally

  Soon after, additional states followed suit and, similar to Colorado, examined existing legislation to inform the development of their own data privacy laws and regulations. At the time of writing, the states with data privacy laws at various stages of development were Connecticut, Florida, Indiana, Iowa, Montana, New York, Oregon, Tennessee, Texas, and Utah.

  By the time you read this article, more states may be doing it, and the efforts of some may have led to laws and regulations coming into force. If you’re already doing business or planning to do business in the US, you should do your own research on the home states of your customers.

  Globally

  Beyond Europe and the US, other countries are also implementing privacy regulations. Some were well ahead of the trend. For example, Chile’s Law on the Protection of Private Life was put on the books in 1999, while Mauritius enacted its first Data Protection Act in 2004 — a second one came along in 2017 to replace it.

  Canada

  The regulatory landscape around data privacy in Canada is as complicated as it is in the US. At a federal government level, there are two laws : The Privacy Act for public sector institutions and the Personal Information Protection and Electronic Documents Act (PIPEDA) for the private sector.

  PIPEDA is the one to consider here. Like all other data privacy policies, it provides a framework for organisations handling consumers’ personal data in Canada. Although not quite up to GDPR standard, there are moves afoot to close that gap.

  The Digital Charter Implementation Act, 2022 (aka Bill C-27) is proposed legislation introduced by federal agencies in June 2022. It’s intended to align Canada’s privacy framework with global standards, such as GDPR, and address emerging digital economy challenges. It may or may not have been finalised when you read this.

  At the provincial level, three of Canada’s provinces—Alberta, British Columbia, and Quebec—have introduced laws and regulations of their own. Their rationale was similar to that of Bill C-27, so they may become redundant if and when that bill passes.

  Japan

  Until recently, Japan’s Act on the Protection of Personal Information (APPI) was considered by many to be the most comprehensive data protection law in Asia. Initially introduced in 2003, it was significantly amended in 2020 to align with global privacy standards, such as GDPR.

  APPI sets out unambiguous rules for how businesses and organisations collect, use, and protect personal information. It also sets conditions for transferring the personal information of Japanese residents outside of Japan.

  

  China

  The new, at least for now, most comprehensive data privacy law in Asia is China’s Personal Information Protection Law (PIPL). It’s part of the country’s rapidly evolving data governance framework, alongside the Cybersecurity Law and the Data Security Law.

  PIPL came into effect in November 2021 and was informed by GDPR and Japan’s APPI, among others. The data protection regime establishes a framework for protecting personal information and imposes significant compliance obligations on businesses operating in China or targeting consumers in that country.

  Other countries

  Many other nations have already brought in legislation and regulations or are in the process of developing them. As mentioned earlier, there are 162 of them at this point, and they include :

  Argentina	Costa Rica	Paraguay
  Australia	Ecuador	Peru
  Bahrain	Hong Kong	Saudi Arabia
  Bermuda	Israel	Singapore
  Brazil	Mauritius	South Africa
  Chile	Mexico	UAE
  Colombia	New Zealand	Uruguay

  Observant readers might have noticed that only two countries in Africa are on that list. More than half of the 55 countries on the continent have or are working on data privacy legislation.

  It’s a complex landscape

  Building a globalised business model has become very complicated, with so much legislation already in play and more coming. What you must do depends on the countries you plan to operate in or target. And that’s before you consider the agreements groups of countries have entered into to ease the flow of personal data between them.

  In this regard, the EU-US relationship is instructive. When GDPR came into force in 2016, so did the EU-US Privacy Shield. However, about four years later, the Court of Justice of the European Union (CJEU) invalidated it. The court ruled that the Privacy Shield didn’t adequately protect personal data transferred from the EU to the US.

  The ruling was based on US laws that allow excessive government surveillance of personal data transferred to the US. The CJEU found that this conflicted with the basic rights of EU citizens under the European Union’s Charter of Fundamental Rights.

  A replacement was negotiated in a new mechanism : the EU-US Data Privacy Framework. However, legal challenges are expected, and its long-term viability is uncertain. The APEC Privacy Framework and the OECD Privacy Framework, both involving the US, also exist.

  

  Penalties for non-compliance

  Whichever way you look at it, consumer data privacy laws and regulations make sense. But what’s really interesting is that many of them have real teeth to punish offenders. GDPR is a great example. It was largely an EU concern until January 2022 when the French data protection regulator hit Google and Facebook with serious fines and criminal penalties.

  Google was fined €150M, and Facebook was told to pay €60M for failing to allow French users to reject cookie tracking technology easily. That started a tsunami of ever-larger fines.

  The largest so far was the €1.2B fine levied by the Irish Data Protection Commission on Meta, the owner of Instagram, Facebook, and WhatsApp. It was issued for transferring European users’ personal data to the US without adequate data protection mechanisms. This significant penalty demonstrated the serious financial implications of non-compliance.

  These penalties follow a structured approach rather than arbitrary determinations. The GDPR defines an unambiguous framework for fines. They can be up to 4% of a company’s total global turnover in the previous fiscal year. That’s a serious business threat.

  What should you do ?

  For businesses committed to long-term success, accepting and adapting to regulatory requirements is essential. Data privacy regulations and protection impact assessments are here to stay, with many national governments implementing similar frameworks.

  However, there is some good news. As you’ve seen, many of these laws and regulations were informed by GDPR or retrospectively aligned. That’s a good place to start. Choose tools to handle your customer’s data that are natively GDPR-compliant.

  For example, web analytics is all about data, and a lot of that data is personal. And if, like many people, you use Google Analytics 4, you’re already in trouble because it’s not GDPR-compliant by default. And achieving compliance requires significant additional configuration.

  A better option would be to choose a web analytics platform that is compliant with GDPR right off the bat. Something like Matomo would do the trick. Then, complying with any of the tweaks individual countries have made to the basic GDPR framework will be a lot easier—and may even be handled for you.

  Privacy-centric data strategies

  Effective website data analysis is essential for business success. It enables organisations to understand customer needs and improve service delivery.

  But that data doesn’t necessarily need to be tied to their identity — and that’s at the root of many of these regulations.

  It’s not to stop companies from collecting data but to encourage and enforce responsible and ethical handling of that data. Without an official privacy policy or ethical data collection practices, the temptation for some to use and abuse that data for financial gain seems too great to resist.

  

  Cookie usage and compliance

  There was a time when cookies were the only way to collect reliable information about your customers and prospects. But under GDPR, and in many countries that based or aligned their laws with GDPR, businesses have to give users an easy way to opt out of all tracking, particularly tracking cookies.

  So, how do you collect the information you need without cookies ? Easy. You use a web analytics platform that doesn’t depend wholly on cookies. For example, in certain countries and when configured for maximum privacy, Matomo allows for cookieless operation. It can also help you manage the cookie consent requirements of various data privacy regulations.

  Choose the right tools

  Data privacy regulations have become a permanent feature of the global business landscape. As digital commerce continues to expand, these regulatory frameworks will only become more established. Fortunately, there is a practical approach forward.

  As mentioned several times, GDPR is considered by many countries to be a particularly good example of effective data privacy regulation. For that reason, many of them model their own legislation on the EU’s effort, making a few tweaks here and there to satisfy local requirements or anomalies.

  As a result, if you comply with GDPR, the chances are that you’ll also comply with many of the other data privacy regulations discussed here. That also means that you can select tools for your data harvesting and analytics that comply with the GDPR out of the box, so to speak. Tools like Matomo.

  Matomo lets website visitors retain full control over their data.

  Before deciding whether to go with Matomo On-premise or the EU-hosted cloud version, why not start your 21-day free trial ? No credit card required.

• A Primer to Ethical Marketing : How to Build Trust in a Privacy-First World

  11 mars, par Alex Carmona — Marketing, Privacy, ethical marketing

  Imagine a marketing landscape where transparency replaces tactics, where consumer privacy is prioritised over exploitation, and where authentic value builds genuine relationships.

  This isn’t just an ideal—it’s the future of marketing. And it starts with ethical marketing practices.

  76% of consumers refuse to buy from companies they do not trust with their data. Ethical marketing has become essential for business survival. As privacy regulations tighten and third-party cookies phase out, marketers face a critical question : how can they balance effective, personalised campaigns whilst respecting privacy ?

  This comprehensive guide explores what ethical marketing is, the key principles behind ethical marketing practices, and practical strategies to implement an ethical approach that builds trust while driving growth.

  What is ethical marketing ? A comprehensive definition

  Ethical marketing places respect for consumer boundaries at its core whilst delivering genuine value. It prioritises transparent practices, honest communication, and fair value exchange with consumers. This approach represents a significant shift from traditional marketing, which often relied on collecting vast amounts of user data through invasive tracking methods and obscure policies.

  The modern approach to ethical marketing creates a foundation built on three key pillars :

  • User Control : Giving people genuine choice and agency over their data
  • Fair Value : Providing clear benefits in exchange for any data shared
  • Transparency : Being honest about how data is collected, used, and protected

  

  Key principles of ethical marketing

  Transparency

  Transparency means being clear and forthright about your marketing practices, data collection policies, and business operations. It involves :

  • Using plain language to explain how you collect and use customer data
  • Being upfront about pricing, product limitations, and terms of service
  • Disclosing sponsored content and affiliate relationships
  • Making privacy policies accessible and understandable

  When Matomo surveyed 2,000 consumers, 81% said they believe an organisation’s data practices reflect their overall treatment of customers. Transparency isn’t just about compliance—it’s about demonstrating respect.

  Honesty

  While similar to transparency, honesty focuses specifically on truthfulness in communications :

  • Avoiding misleading claims or exaggerations about products and services
  • Not manipulating statistics or research findings to support marketing narratives
  • Representing products accurately in advertisements and marketing materials
  • Acknowledging mistakes and taking responsibility when things go wrong

  Social responsibility

  Ethical marketing requires consideration of a brand’s impact on society as a whole :

  • Considering environmental impacts of marketing campaigns and business practices
  • Promoting diversity and inclusion in marketing representations
  • Supporting social causes authentically rather than through “purpose-washing”
  • Ensuring marketing activities don’t promote harmful stereotypes or behaviours

  Ethical marketing dilemmas : Navigating complex business decisions

  Data privacy concerns

  The digital marketing landscape has been transformed by increasing awareness of data privacy issues and stricter regulations like GDPR, CCPA, and upcoming legislation. Key challenges include :

  • The phase-out of third-party cookies, impacting targeting and measurement
  • Growing consumer resistance to invasive tracking technologies
  • Balancing personalisation with privacy (71% of consumers expect personalised experiences, yet demand privacy)
  • Ensuring compliance across different jurisdictional requirements

  Cultural sensitivity

  Global brands must navigate complex cultural landscapes :

  • Avoiding cultural appropriation in marketing campaigns
  • Understanding varied cultural expectations around privacy
  • Respecting local customs and values in international marketing
  • Adapting messaging appropriately for diverse audiences

  Environmental sustainability

  The environmental impact of marketing activities is under increasing scrutiny :

  • Digital carbon footprints from ad serving and website hosting
  • Waste generated from physical marketing materials
  • Promoting sustainable products honestly without greenwashing
  • Aligning marketing messages with actual business practices

  The benefits of ethical marketing

  For years, digital marketing has relied on third-party data collection and broad-scale tracking. However, new regulations such as GDPR, CCPA, and the end of third-party cookies are pushing brands to adopt ethical data practices.

  Increased customer loyalty

  Ethical marketing fosters deeper relationships with customers by building trust. Research consistently shows that consumers are more loyal to brands they trust, with 71% indicating they would stop buying from a brand if trust is broken.

  These trust-based relationships are more resilient during business challenges. When customers believe in a company’s integrity, they’re more likely to give the benefit of the doubt during controversies or service issues. They’re also more likely to provide constructive feedback rather than simply leaving for competitors.

  Perhaps most importantly, loyal customers become advocates, sharing positive experiences with others and defending the brand against criticism. This organic advocacy is far more powerful than paid promotions and reduces customer acquisition costs significantly over time.

  Enhanced brand reputation

  A strong ethical stance improves overall brand perception across multiple dimensions. Media outlets are increasingly focused on corporate behaviour, providing positive coverage for ethical practices that extends a brand’s reach organically.

  Social conversations about ethical brands tend to be more positive, with consumers sharing experiences and values rather than just discussing products. This creates a halo effect that benefits all aspects of the business.

  This enhanced reputation also provides resilience during public relations challenges. Organisations with strong ethical foundations find it easier to navigate controversies because they’ve built a reservoir of goodwill with customers, employees, and other stakeholders.

  Competitive advantage

  Ethical marketing provides several distinct competitive advantages in modern markets. It helps brands access privacy-conscious consumer segments that actively avoid companies with questionable data practices. These segments often include higher-income, educated consumers who are valuable long-term customers.

  Ethical approaches also reduce vulnerability to regulatory changes and potential penalties. As privacy laws continue to evolve globally, organisations with strong ethical foundations find compliance easier and less disruptive than those scrambling to meet minimum requirements.

  Perhaps most significantly, ethical marketing supports more sustainable growth trajectories. While manipulative tactics might drive short-term results, they typically lead to higher churn rates and increasing acquisition costs. Ethical approaches build foundations for long-term success and stable growth.

  For a detailed roadmap, download the Ethical Marketing Guide.

  Case studies : Ethical marketing in action

  Patagonia : Purpose-driven marketing

  Patagonia integrates sustainability into its marketing, reinforcing its commitment to ethical business practices. By aligning with social causes, the brand strengthens customer loyalty.

  Apple : Privacy as a competitive advantage

  Apple positions itself as a leader in consumer privacy, ensuring data protection remains central to its marketing strategy. This commitment has become a key differentiator in the tech industry.

  Matomo : The ethical analytics tool

  Matomo offers privacy-first analytics that prioritise data ownership and compliance. Businesses using Matomo benefit from accurate insights while respecting user privacy.

  These companies demonstrate that ethical marketing is not just a compliance requirement—it is a long-term competitive advantage.

  Strategies for implementing ethical marketing

  Aligning marketing efforts with brand values

  Consistency between values and actions is essential for ethical marketing. This alignment starts with a clear understanding of what your organisation truly stands for—not just aspirational statements, but genuine commitments that inform daily decisions.

  Implementing this alignment requires cross-functional collaboration. Marketing teams need to work closely with product development, customer service, and leadership to ensure consistency across all touchpoints. When different departments send contradictory messages about company values, trust erodes quickly.

  Clear guidelines help marketing teams apply values in practical decisions, from campaign concepts to media placements. Regular ethical reviews of marketing plans can identify potential issues before campaigns launch, avoiding reactive corrections that damage credibility.

  Privacy-first data strategies

  Developing robust approaches to customer data is fundamental to ethical marketing. This starts with prioritising first-party data (collected directly from your own channels) and zero-party data (actively shared by customers through preference centres, surveys, and similar mechanisms).

  Measuring success doesn’t have to come at the expense of privacy. Ethical analytics provide accurate insights while protecting user data, ensuring compliance, and enhancing customer trust.

  Ethical personalisation approaches focus on using aggregated or anonymised data rather than individual tracking. This allows for relevant experiences without the invasive feeling that erodes trust when consumers feel watched across the internet.

  Most importantly, ethical data strategies create transparent value exchanges where users clearly understand what benefits they receive in return for sharing information. This reciprocity transforms data collection from exploitation to fair exchange.

  Measuring success ethically

  Traditional marketing measurement often relies on individual-level tracking across sites and platforms. Ethical approaches require adapting these frameworks to respect privacy while still demonstrating impact.

  Focusing on aggregate patterns rather than individual behaviour provides valuable insights without privacy invasions. For example, understanding that 30% of visitors to a specific page subsequently make purchases is actionable intelligence that doesn’t require tracking specific people.

  Incrementality testing measures campaign impact by comparing outcomes between exposed and control groups at an aggregate level. This provides more accurate attribution than traditional last-click models while respecting privacy boundaries.

  Server-side conversion tracking offers another ethical measurement approach, collecting necessary data on your servers rather than through client-side scripts vulnerable to blocking. This improves data accuracy while reducing reliance on cookies and browser storage.

  Implementing ethical marketing strategies : A practical framework

  1. Align marketing with brand values – Ensure campaigns reflect transparency and trust

  2. Leverage first-party data – Collect insights directly from consumers with clear consent

  3. Respect privacy and consent – Give users control over their data and clearly communicate its use

  4. Create value-driven content – Offer educational and relevant resources instead of relying solely on advertising

  5. Use privacy-compliant analytics – Switch to ethical platforms such as Matomo for responsible performance measurement

  For a step-by-step guide to implementing ethical marketing strategies, download the full report here.

  

  The future of ethical marketing

  With the decline of third-party cookies and the rise of privacy regulations, ethical marketing is no longer optional. Brands that adopt privacy-first practices now will gain a sustainable competitive edge in the long term. The future of marketing belongs to brands that earn consumer trust, not those that exploit it.

  Key trends shaping the future of marketing include :

  • Privacy-first analytics to replace invasive tracking
  • First-party and zero-party data strategies for direct consumer engagement
  • Consent-driven personalisation to balance relevance and privacy
  • Greater emphasis on corporate social responsibility in marketing initiatives

  Companies that proactively address these changes will build stronger customer relationships, enhance brand reputation, and ensure long-term success.

  Take the next step

  Ready to transform your marketing approach for 2025 and beyond ?

  Download Matomo’s comprehensive “2025 Ethical Marketing Field Guide” to get practical frameworks, implementation strategies, and real-world case studies that will help you build trust while driving growth.

  With detailed guidance on first-party data activation, consent-based personalisation techniques, and privacy-preserving analytics methods, this guide provides everything you need to future-proof your marketing strategy in a privacy-first world.

  

  Download the ethical marketing guide now to start building stronger, more trusted relationships with your customers through ethical marketing practices.

• Making Your First-Party Data Work for You and Your Customers

  11 mars, par Alex Carmona

  At last count, 162 countries had enacted data privacy policies of one kind or another. These laws or regulations, without exception, intend to eliminate the use of third-party data. That puts marketing under pressure because third-party data has been the foundation of online marketing efforts since the dawn of the Internet.

  Marketers need to future-proof their operations by switching to first-party data. This will require considerable adjustment to systems and processes, but the reward will be effective marketing campaigns that satisfy privacy compliance requirements and bring the business closer to its customers.

  To do that, you’ll need a coherent first-party data strategy. That’s what this article is all about. We’ll explain the different types of personal data and discuss how to use them in marketing without compromising or breaching data privacy regulations. We’ll also discuss how to build that strategy in your business. 

  So, let’s dive in.

  The different data types

  There are four distinct types of personal data used in marketing, each subject to different data privacy regulations.

  Before getting into the different types, it’s essential to understand that all four may comprise one or more of the following :

  Identifying data	Name, email address, phone number, etc.
  Behavioural data	Website activity, app usage, wishlist content, purchase history, etc.
  Transactional data	Orders, payments, subscription details, etc.
  Account data	Communication preferences, product interests, wish lists, etc.
  Demographic data	Age, gender, income level, education, etc.
  Geographic Data	Location-based information, such as zip codes or regional preferences.
  Psychographic Data	Interests, hobbies and lifestyle preferences.

  First-party data

  When businesses communicate directly with customers, any data they exchange is first-party. It doesn’t matter how the interaction occurs : on the telephone, a website, a chat session, or even in person.

  Of course, the parties involved aren’t necessarily individuals. They may be companies, but people within those businesses will probably share at least some of the data with colleagues. That’s fine, so long as the data : 

  • Remains confidential between the original two parties involved, and 
  • It is handled and stored following applicable data privacy regulations.

  The core characteristic of first-party data is that it’s collected directly from customer interactions. This makes it reliable, accurate and inherently compliant with privacy regulations — assuming the collecting party complies with data privacy laws.

  A great example of first-party data use is in banking. Data collected from customer interactions is used to provide personalised services, detect fraud, assess credit risk and improve customer retention.

  Zero-party data

  There’s also a subset of first-party data, sometimes called zero-party data. It’s what users intentionally and proactively share with a business. It can be preferences, intentions, personal information, survey responses, support tickets, etc.

  What makes it different is that the collection of this data depends heavily on the user’s trust. Transparency is a critical factor, too ; visitors expect to be informed about how you’ll use their data. Consumers also have the right to withdraw permission to use all or some of their information at any time.

  

  Second-party data

  This data is acquired from a separate organisation that collects it firsthand. Second-party data is someone else’s first-party data that’s later shared with or sold to other businesses. The key here is that whoever owns that data must give explicit consent and be informed of who businesses share their data with.

  A good example is the cooperation between hotel chains, car rental companies, and airlines. They share joint customers’ flight data, hotel reservations, and car rental bookings, much like travel agents did before the internet undermined that business model.

  Third-party data

  This type of data is the arch-enemy of lawmakers and regulators trying to protect the personal data of citizens and residents in their country. It’s information collected by entities that have no direct relationship with the individuals whose data it is.

  Third-party data is usually gathered, aggregated, and sold by data brokers or companies, often by using third-party cookies on popular websites. It’s an entire business model — these third-party brokers sell data for marketing, analytics, or research purposes. 

  Most of the time, third-party data subjects are unaware that their data has been gathered and sold. Hence the need for strong data privacy regulations.

  Benefits of a first-party data strategy

  First-party data is reliable, accurate, and ethically sourced. It’s an essential part of any modern digital marketing strategy.

  More personalised experiences

  The most important application of first-party data is customising and personalising customers’ interactions based on real behaviours and preferences. Personalised experiences aren’t restricted to websites and can extend to all customer communication.

  The result is company communications and marketing messages are far more relevant to customers. It allows businesses to engage more meaningfully with them, building trust and strengthening customer relationships. Inevitably, this also results in stronger customer loyalty and better customer retention.

  Greater understanding of customers

  Because first-party data is more accurate and reliable, it can be used to derive valuable insights into customer needs and wants. When all the disparate first-party data points are centralised and organised, it’s possible to uncover trends and patterns in customer behaviour that might not be apparent using other data.

  This helps businesses predict and respond to customer needs. It also allows marketing teams to be more deliberate when segmenting customers and prospects into like-minded groups. The data can also be used to create more precise personas for future campaigns or reveal how likely a customer would be to purchase in response to a campaign.

  Build trust with customers

  First-party data is unique to a business and originates from interactions with customers. It’s also data collected with consent and is “owned” by the company — if you can ever own someone else’s data. If treated like the precious resource, it can help businesses build trust with customers.

  However, developing that trust requires a transparent, step-by-step approach. This gradually strengthens relationships to the point where customers are more comfortable sharing the information they’re asked for.

  However, while building trust is a long and sometimes arduous process, it can be lost in an instant. That’s why first-party data must be protected like the Crown Jewels.

  

  Components of a first-party data strategy

  Security is essential to any first-party data strategy, and for good reason. As Gartner puts it, a business must find the optimal balance between business outcomes and data risk mitigation. Once security is baked in, attention can turn to the different aspects of the strategy.

  Data collection

  There are many ways to collect first-party data ethically, within the law and while complying with data privacy regulations, such as Europe’s General Data Protection Regulation (GDPR). Potential sources include :

  Website activity	forms and surveys, behavioural tracking, cookies, tracking pixels and chatbots
  Mobile app interactions	in-app analytics, push notifications and in-app forms
  Email marketing	newsletter sign-ups, email engagement tracking, promotions, polls and surveys
  Events	registrations, post-event surveys and virtual event analytics
  Social media interaction	polls and surveys, direct messages and social media analytics
  Previous transactions	purchase history, loyalty programmes and e-receipts
  Customer service	call centre data, live chat, chatbots and feedback forms
  In-person interactions	in-store purchases, customer feedback and Wi-Fi sign-ins
  Gated content	whitepapers, ebooks, podcasts, webinars and video downloads
  Interactive content	quizzes, assessments, calculators and free tools
  CRM platforms	customer profiles and sales data
  Consent management	privacy policies, consent forms, preference setting

  Consent management

  It may be the final item on the list above, but it’s also a key requirement of many data privacy laws and regulations. For example, the GDPR is very clear about consent : “Processing personal data is generally prohibited, unless it is expressly allowed by law, or the data subject has consented to the processing.”

  For that reason, your first-party data strategy must incorporate various transparent consent mechanisms, such as cookie banners and opt-in forms. Crucially, you must provide customers with a mechanism to manage their preferences and revoke that consent easily if they wish to.

  Data management

  Effective first-party data management, mainly its security and storage, is critical. Most data privacy regimes restrict the transfer of personal data to other jurisdictions and even prohibit it in some instances. Many even specify where residents’ data must be stored.

  Consider this cautionary tale : The single biggest fine levied for data privacy infringement so far was €1.2 billion. The Irish Data Protection Commission imposed a massive fine on Meta for transferring EU users’ data to the US without adequate data protection mechanisms.

  Data security is critical. If first-party data is compromised, it becomes third-party data, and any customer trust developed with the business will evaporate. To add insult to injury, data regulators could come knocking. That’s why the trend is to use encryption and anonymisation techniques alongside standard access controls.

  Once security is assured, the focus is on data management. Many businesses use a Customer Data Platform. This software gathers, combines and manages data from many sources to create a complete and central customer profile. Modern CRM systems can also do that job. AI tools could help find patterns and study them. But the most important thing is to keep databases clean and well-organised to make it easier to use and avoid data silos.

  Data activation

  Once first-party data has been collected and analysed, it needs to be activated, which means a business needs to use it for the intended purpose. This is the implementation phase where a well-constructed first-party strategy pays off. 

  The activation stage is where businesses use the intelligence they gather to :

  • Personalise website and app experiences
  • Adapt marketing campaigns
  • Improve conversion rates
  • Match stated preferences
  • Cater to observed behaviours
  • Customise recommendations based on purchase history
  • Create segmented email campaigns
  • Improve retargeting efforts
  • Develop more impactful content

  Measurement and optimisation

  Because first-party data is collected directly from customers or prospects, it’s far more relevant, reliable, and specific. Your analytics and campaign tracking will be more accurate. This gives you direct and actionable insights into your audience’s behaviour, empowering you to optimise your strategies and achieve better results.

  The same goes for your collection and activation efforts. An advanced web analytics platform like Matomo lets you identify key user behaviour and optimise your tracking. Heatmaps, marketing attribution tools, user behaviour analytics and custom reports allow you to segment audiences for better traction (and collect even more first-party data).

  

  How to build a first-party data strategy

  There are five important and sequential steps to building a first-party data strategy. But this isn’t a one-time process. It must be revisited regularly as operating and regulatory environments change. There are five steps : 

  1. Audit existing data

  Chances are that customers already freely provide a lot of first-party data in the normal course of business. The first step is to locate this data, and the easiest way to do that is by mapping the customer journey. This identifies all the touchpoints where first-party data might be found.

  2. Define objectives

  Then, it’s time to step back and figure out the goals of the first-party data strategy. Consider what you’re trying to achieve. For example :

  • Reduce churn 
  • Expand an existing loyalty programme
  • Unload excess inventory
  • Improve customer experiences

  Whatever the objectives are, they should be clear and measurable.

  3. Implement tools and technology

  The first two steps point to data gaps. Now, the focus turns to ethical web analytics with a tool like Matomo. 

  To further comply with data privacy regulations, it may also be appropriate to implement a Consent Management Platform (CMP) to help manage preferences and consent choices.

  4. Build trust with transparency

  With the tools in place, it’s time to engage customers. To build trust, keep them informed about how their data is used and remind them of their right to withdraw their consent. 

  Transparency is crucial in such engagement, as outlined in the 7 GDPR principles.

  5. Continuously improve

  Rinse and repeat. The one constant in business and life is change. As things change, they expose weaknesses or flaws in the logic behind systems and processes. That’s why a first-party data strategy needs to be continually reviewed, updated, and revised. It must adapt to changing trends, markets, regulations, etc. 

  Tools that can help

  Looking back at the different types of data, it’s clear that some are harder and more bothersome to get than others. But capturing behaviours and interactions can be easy — especially if you use tools that follow data privacy rules.

  But here’s a tip. Google Analytics 4 isn’t compliant by default, especially not with Europe’s GDPR. It may also struggle to comply with some of the newer data privacy regulations planned by different US states and other countries.

  Matomo Analytics is compliant with the GDPR and many other data privacy regulations worldwide. Because it’s open source, it can be integrated with any consent manager.

  Get started today by trying Matomo for free for 21 days,
  no credit card required.

  Try Matomo for free