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  • 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.

  • 10 Customer Segments Examples and Their Benefits

    9 mai 2024, par Erin

    Now that companies can segment buyers, the days of mass marketing are behind us. Customer segmentation offers various benefits for marketing, content creation, sales, analytics teams and more. Without customer segmentation, your personalised marketing efforts may fall flat. 

    According to the Twilio 2023 state of personalisation report, 69% of business leaders have increased their investment in personalisation. There’s a key reason for this — customer retention and loyalty directly benefit from personalisation. In fact, 62% of businesses have cited improved customer retention due to personalisation efforts. The numbers don’t lie. 

    Keep reading to learn how customer segments can help you fine-tune your personalised marketing campaigns. This article will give you a better understanding of customer segmentation and real-world customer segment examples. You’ll leave with the knowledge to empower your marketing strategies with effective customer segmentation. 

    What are customer segments ?

    Customer segments are distinct groups of people or organisations with similar characteristics, needs and behaviours. Like different species of plants in a garden, each customer segment has specific needs and care requirements. Customer segments are useful for tailoring personalised marketing campaigns for specific groups.

    Personalised marketing has been shown to have significant benefits — with 56% of consumers saying that a personalised experience would make them become repeat buyers

    Successful marketing teams typically focus on these types of customer segmentation :

    A chart with icons representing the different customer segmentation categories
    1. Geographic segmentation : groups buyers based on their physical location — country, city, region or climate — and language.
    2. Purchase history segmentation : categorises buyers based on their purchasing habits — how often they make purchases — and allows brands to distinguish between frequent, occasional and one-time buyers. 
    3. Product-based segmentation : groups buyers according to the products they prefer or end up purchasing. 
    4. Customer lifecycle segmentation : segments buyers based on where they are in the customer journey. Examples include new, repeat and lapsed buyers. This segmentation category is also useful for understanding the behaviour of loyal buyers and those at risk of churning. 
    5. Technographic segmentation : focuses on buyers’ technology preferences, including device type, browser type, and operating system. 
    6. Channel preference segmentation : helps us understand why buyers prefer to purchase via specific channels — whether online channels, physical stores or a combination of both. 
    7. Value-based segmentation : categorises buyers based on their average purchase value and sensitivity to pricing, for example. This type of segmentation can provide insights into the behaviours of price-conscious buyers and those willing to pay premium prices. 

    Customer segmentation vs. market segmentation

    Customer segmentation and market segmentation are related concepts, but they refer to different aspects of the segmentation process in marketing. 

    Market segmentation is the broader process of dividing the overall market into homogeneous groups. Market segmentation helps marketers identify different groups based on their characteristics or needs. These market segments make it easier for businesses to connect with new buyers by offering relevant products or new features. 

    On the other hand, customer segmentation is used to help you dig deep into the behaviour and preferences of your current customer base. Marketers use customer segmentation insights to create buyer personas. Buyer personas are essential for ensuring your personalised marketing efforts are relevant to the target audience. 

    10 customer segments examples

    Now that you better understand different customer segmentation categories, we’ll provide real-world examples of how customer segmentation can be applied. You’ll be able to draw a direct connection between the segmentation category or categories each example falls under.

    One thing to note is that you’ll want to consider privacy and compliance when you are considering collecting and analysing types of data such as gender, age, income level, profession or personal interests. Instead, you can focus on these privacy-friendly, ethical customer segmentation types :

    1. Geographic location (category : geographic segmentation)

    The North Face is an outdoor apparel and equipment company that relies on geographic segmentation to tailor its products toward buyers in specific regions and climates. 

    For instance, they’ll send targeted advertisements for insulated jackets and snow gear to buyers in colder climates. For folks in seasonal climates, The North Face may send personalised ads for snow gear in winter and ads for hiking or swimming gear in summer. 

    The North Face could also use geographic segmentation to determine buyers’ needs based on location. They can use this information to send targeted ads to specific customer segments during peak ski months to maximise profits.

    2. Preferred language (category : geographic segmentation)

    Your marketing approach will likely differ based on where your customers are and the language they speak. So, with that in mind, language may be another crucial variable you can introduce when identifying your target customers. 

    Language-based segmentation becomes even more important when one of your main business objectives is to expand into new markets and target international customers — especially now that global reach is made possible through digital channels. 

    Coca-Cola’s “Share a Coke” is a multi-national campaign with personalised cans and bottles featuring popular names from countries around the globe. It’s just one example of targeting customers based on language.

    3. Repeat users and loyal customers (category : customer lifecycle segmentation)

    Sephora, a large beauty supply company, is well-known for its Beauty Insider loyalty program. 

    It segments customers based on their purchase history and preferences and rewards their loyalty with gifts, discounts, exclusive offers and free samples. And since customers receive personalised product recommendations and other perks, it incentivises them to remain members of the Beauty Insider program — adding a boost to customer loyalty.

    By creating a memorable customer experience for this segment of their customer base, staying on top of beauty trends and listening to feedback, Sephora is able to keep buyers coming back.

    All customers on the left and their respective segments on the right

    4. New customers (category : customer lifecycle segmentation)

    Subscription services use customer lifecycle segmentation to offer special promotions and trials for new customers. 

    HBO Max is a great example of a real company that excels at this strategy : 

    They offer 40% savings on an annual ad-free plan, which targets new customers who may be apprehensive about the added monthly cost of a recurring subscription.

    This marketing strategy prioritises fostering long-term customer relationships with new buyers to avoid high churn rates. 

    5. Cart abandonment (category : purchase history segmentation)

    With a rate of 85% among US-based mobile users, cart abandonment is a huge issue for ecommerce businesses. One way to deal with this is to segment inactive customers and cart abandoners — those who showed interest by adding products to their cart but haven’t converted yet — and send targeted emails to remind them about their abandoned carts.

    E-commerce companies like Ipsy, for example, track users who have added items to their cart but haven’t followed through on the purchase. The company’s messaging often contains incentives — like free shipping or a limited-time discount — to encourage passive users to return to their carts. 

    Research has found that cart abandonment emails with a coupon code have a high 44.37% average open rate. 

    6. Website activity (category : technographic segmentation)

    It’s also possible to segment customers based on website activity. Now, keep in mind that this is a relatively broad approach ; it covers every interaction that may occur while the customer is browsing your website. As such, it leaves room for many different types of segmentation. 

    For instance, you can segment your audience based on the pages they visited, the elements they interacted with — like CTAs and forms — how long they stayed on each page and whether they added products to their cart. 

    Matomo’s Event Tracking can provide additional context to each website visit and tell you more about the specific interactions that occur, making it particularly useful for segmenting customers based on how they spend their time on your website. 

    Try Matomo for Free

    Get the web insights you need, while respecting user privacy.

    No credit card required

    Amazon segments its customers based on browsing behaviour — recently viewed products and categories, among other things — which, in turn, allows them to improve the customer’s experience and drive sales.

    7. Traffic source (category : channel segmentation) 

    You can also segment your audience based on traffic sources. For example, you can determine if your website visitors arrived through Google and other search engines, email newsletters, social media platforms or referrals. 

    In other words, you’ll create specific audience segments based on the original source. Matomo’s Acquisition feature can provide insights into five different types of traffic sources — search engines, social media, external websites, direct traffic and campaigns — to help you understand how users enter your website.

    You may find that most visitors arrive at your website through social media ads or predominantly discover your brand through search engines. Either way, by learning where they’re coming from, you’ll be able to determine which conversion paths you should prioritise and optimise further. 

    8. Device type (category : technographic segmentation)

    Device type is customer segmentation based on the devices that potential customers may use to access your website and view your content. 

    It’s worth noting that, on a global level, most people (96%) use mobile devices — primarily smartphones — for internet access. So, there’s a high chance that most of your website visitors are coming from mobile devices, too. 

    However, it’s best not to assume anything. Matomo can detect the operating system and the type of device — desktop, mobile device, tablet, console or TV, for example. 

    By introducing the device type variable into your customer segmentation efforts, you’ll be able to determine if there’s a preference for mobile or desktop devices. In return, you’ll have a better idea of how to optimise your website — and whether you should consider developing an app to meet the needs of mobile users.

    Try Matomo for Free

    Get the web insights you need, while respecting user privacy.

    No credit card required

    9. Browser type (category : technographic segmentation)

    Besides devices, another type of segmentation that belongs to the technographic category and can provide valuable insights is browser-related. In this case, you’re tracking the internet browser your customers use. 

    Many browser types are available — including Google Chrome, Microsoft Edge, Safari, Firefox and Brave — and each may display your website and other content differently. 

    So, keeping track of your customers’ preferred choices is important. Otherwise, you won’t be able to fully understand their online experience — or ensure that these browsers are displaying your content properly. 

    Browser type in Matomo

    10. Ecommerce activity (category : purchase history, value based, channel or product based segmentation) 

    Similar to website activity, looking at ecommerce activity can tell your sales teams more about which pages the customer has seen and how they have interacted with them. 

    With Matomo’s Ecommerce Tracking, you’ll be able to keep an eye on customers’ on-site behaviours, conversion rates, cart abandonment, purchased products and transaction data — including total revenue and average order value.

    Considering that the focus is on sales channels — such as your online store — this approach to customer segmentation can help you improve the sales experience and increase profitability. 

    Start implementing these customer segments examples

    With ever-evolving demographics and rapid technological advancements, customer segmentation is increasingly complex. The tips and real-world examples in this article break down and simplify customer segmentation so that you can adapt to your customer base. 

    Customer segmentation lays the groundwork for your personalised marketing campaigns to take off. By understanding your users better, you can effectively tailor each campaign to different segments. 

    If you’re ready to see how Matomo can elevate your personalised marketing campaigns, try it for free for 21 days. No credit card required.

  • What Is Data Misuse & How to Prevent It ? (With Examples)

    13 mai 2024, par Erin

    Your data is everywhere. Every time you sign up for an email list, log in to Facebook or download a free app onto your smartphone, your data is being taken.

    This can scare customers and users who fear their data will be misused.

    While data can be a powerful asset for your business, it’s important you manage it well, or you could be in over your head.

    In this guide, we break down what data misuse is, what the different types are, some examples of major data misuse and how you can prevent it so you can grow your brand sustainably.

    What is data misuse ?

    Data is a good thing.

    It helps analysts and marketers understand their customers better so they can serve them relevant information, products and services to improve their lives.

    But it can quickly become a bad thing for both the customers and business owners when it’s mishandled and misused.

    What is data misuse?

    Data misuse is when a business uses data outside of the agreed-upon terms. When companies collect data, they need to legally communicate how that data is being used. 

    Who or what determines when data is being misused ?

    Several bodies :

    • User agreements
    • Data privacy laws
    • Corporate policies
    • Industry regulations

    There are certain laws and regulations around how you can collect and use data. Failure to comply with these guidelines and rules can result in several consequences, including legal action.

    Keep reading to discover the different types of data misuse and how to prevent it.

    3 types of data misuse

    There are a few different types of data misuse.

    If you fail to understand them, you could face penalties, legal trouble and a poor brand reputation.

    3 types of data misuse.

    1. Commingling

    When you collect data, you need to ensure you’re using it for the right purpose. Commingling is when an organisation collects data from a specific audience for a specific reason but then uses the data for another purpose.

    One example of commingling is if a company shares sensitive customer data with another company. In many cases, sister companies will share data even if the terms of the data collection didn’t include that clause.

    Another example is if someone collects data for academic purposes like research but then uses the data later on for marketing purposes to drive business growth in a for-profit company.

    In either case, the company went wrong by not being clear on what the data would be used for. You must communicate with your audience exactly how the data will be used.

    2. Personal benefit

    The second common way data is misused in the workplace is through “personal benefit.” This is when someone with access to data abuses it for their own gain.

    The most common example of personal benefit data muse is when an employee misuses internal data.

    While this may sound like each instance of data misuse is caused by malicious intent, that’s not always the case. Data misuse can still exist even if an employee didn’t have any harmful intent behind their actions. 

    One of the most common examples is when an employee mistakenly moves data from a company device to personal devices for easier access.

    3. Ambiguity

    As mentioned above, when discussing commingling, a company must only use data how they say they will use it when they collect it.

    A company can misuse data when they’re unclear on how the data is used. Ambiguity is when a company fails to disclose how user data is being collected and used.

    This means communicating poorly on how the data will be used can be wrong and lead to misuse.

    One of the most common ways this happens is when a company doesn’t know how to use the data, so they can’t give a specific reason. However, this is still considered misuse, as companies need to disclose exactly how they will use the data they collect from their customers.

    Laws on data misuse you need to follow

    Data misuse can lead to poor reputations and penalties from big tech companies. For example, if you step outside social media platforms’ guidelines, you could be suspended, banned or shadowbanned.

    But what’s even more important is certain types of data misuse could mean you’re breaking laws worldwide. Here are some laws on data misuse you need to follow to avoid legal trouble :

    General Data Protection Regulation (GDPR)

    The GDPR, or General Data Protection Regulation, is a law within the European Union (EU) that went into effect in 2018.

    The GDPR was implemented to set a standard and improve data protection in Europe. It was also established to increase accountability and transparency for data breaches within businesses and organisations.

    The purpose of the GDPR is to protect residents within the European Union.

    The penalties for breaking GDPR laws are fines up to 20 million Euros or 4% of global revenues (whatever the higher amount is).

    The GDPR doesn’t just affect companies in Europe. You can break the GDPR’s laws regardless of where your organisation is located worldwide. As long as your company collects, processes or uses the personal data of any EU resident, you’re subject to the GDPR’s rules.

    If you want to track user data to grow your business, you need to ensure you’re following international data laws. Tools like Matomo—the world’s leading privacy-friendly web analytics solution—can help you achieve GDPR compliance and maintain it.

    With Matomo, you can confidently enhance your website’s performance, knowing that you’re adhering to data protection laws. 

    Try Matomo for Free

    Get the web insights you need, without compromising data accuracy.

    No credit card required

    California Consumer Privacy Act (CCPA)

    The California Consumer Privacy Act (CCPA) is another important data law companies worldwide must follow.

    Like GDPR, the CCPA is a data privacy law established to protect residents of a certain region — in this case, residents of California in the United States.

    The CCPA was implemented in 2020, and businesses worldwide can be penalised for breaking the regulations. For example, if you’re found violating the CCPA, you could be fined $7,500 for each intentional violation.

    If you have unintentional violations, you could still be fined, but at a lesser fee of $2,500.

    The Gramm-Leach-Bliley Act (GLBA)

    If your business is located within the United States, then you’re subject to a federal law implemented in 1999 called The Gramm-Leach-Bliley Act (GLB Act or GLBA).

    The GLBA is also known as the Financial Modernization Act of 1999. Its purpose is to control the way American financial institutions handle consumer data. 

    In the GLBA, there are three sections :

    1. The Financial Privacy Rule : regulates the collection and disclosure of private financial data.
    2. Safeguards Rule : Financial institutions must establish security programs to protect financial data.
    3. Pretexting Provisions : Prohibits accessing private data using false pretences.

    The GLBA also requires financial institutions in the U.S. to give their customers written privacy policy communications that explain their data-sharing practices.

    4 examples of data misuse in real life

    If you want to see what data misuse looks like in real life, look no further.

    Big tech is central to some of the biggest data misuses and scandals.

    4 examples of data misuse in real life.

    Here are a few examples of data misuse in real life you should take note of to avoid a similar scenario :

    1. Facebook election interference

    One of history’s most famous examples of data misuse is the Facebook and Cambridge Analytica scandal in 2018.

    During the 2018 U.S. midterm elections, Cambridge Analytica, a political consulting firm, acquired personal data from Facebook users that was said to have been collected for academic research.

    Instead, Cambridge Analytica used data from roughly 87 million Facebook users. 

    This is a prime example of commingling.

    The result ? Cambridge Analytica was left bankrupt and dissolved, and Facebook was fined $5 billion by the Federal Trade Commission (FTC).

    2. Uber “God View” tracking

    Another big tech company, Uber, was caught misusing data a decade ago. 

    Why ?

    Uber implemented a new feature for its employees in 2014 called “God View.”

    The tool enabled Uber employees to track riders using their app. The problem was that they were watching them without the users’ permission. “God View” lets Uber spy on their riders to see their movements and locations.

    The FTC ended up slapping them with a major lawsuit, and as part of their settlement agreement, Uber agreed to have an outside firm audit their privacy practices between 2014 and 2034.

    Uber "God View."

    3. Twitter targeted ads overstep

    In 2019, Twitter was found guilty of allowing advertisers to access its users’ personal data to improve advertisement targeting.

    Advertisers were given access to user email addresses and phone numbers without explicit permission from the users. The result was that Twitter ad buyers could use this contact information to cross-reference with Twitter’s data to serve ads to them.

    Twitter stated that the data leak was an internal error. 

    4. Google location tracking

    In 2020, Google was found guilty of not explicitly disclosing how it’s using its users’ personal data, which is an example of ambiguity.

    The result ?

    The French data protection authority fined Google $57 million.

    8 ways to prevent data misuse in your company

    Now that you know the dangers of data misuse and its associated penalties, it’s time to understand how you can prevent it in your company.

    How to prevent data misuse in your company.

    Here are eight ways you can prevent data misuse :

    1. Track data with an ethical web analytics solution

    You can’t get by in today’s business world without tracking data. The question is whether you’re tracking it safely or not.

    If you want to ensure you aren’t getting into legal trouble with data misuse, then you need to use an ethical web analytics solution like Matomo.

    With it, you can track and improve your website performance while remaining GDPR-compliant and respecting user privacy. Unlike other web analytics solutions that monetise your data and auction it off to advertisers, with Matomo, you own your data.

    Try Matomo for Free

    Get the web insights you need, without compromising data accuracy.

    No credit card required

    2. Don’t share data with big tech

    As the data misuse examples above show, big tech companies often violate data privacy laws.

    And while most of these companies, like Google, appear to be convenient, they’re often inconvenient (and much worse), especially regarding data leaks, privacy breaches and the sale of your data to advertisers.

    Have you ever heard the phrase : “You are the product ?” When it comes to big tech, chances are if you’re getting it for free, you (and your data) are the products they’re selling.

    The best way to stop sharing data with big tech is to stop using platforms like Google. For more ideas on different Google product alternatives, check out this list of Google alternatives.

    3. Identity verification 

    Data misuse typically isn’t a company-wide ploy. Often, it’s the lack of security structure and systems within your company. 

    An important place to start is to ensure proper identity verification for anyone with access to your data.

    4. Access management

    After establishing identity verification, you should ensure you have proper access management set up. For example, you should only give specific access to specific roles in your company to prevent data misuse.

    5. Activity logs and monitoring

    One way to track data misuse or breaches is by setting up activity logs to ensure you can see who is accessing certain types of data and when they’re accessing it.

    You should ensure you have a team dedicated to continuously monitoring these logs to catch anything quickly.

    6. Behaviour alerts 

    While manually monitoring data is important, it’s also good to set up automatic alerts if there is unusual activity around your data centres. You should set up behaviour alerts and notifications in case threats or compromising events occur.

    7. Onboarding, training, education

    One way to ensure quality data management is to keep your employees up to speed on data security. You should ensure data security is a part of your employee onboarding. Also, you should have regular training and education to keep people informed on protecting company and customer data.

    8. Create data protocols and processes 

    To ensure long-term data security, you should establish data protocols and processes. 

    To protect your user data, set up rules and systems within your organisation that people can reference and follow continuously to prevent data misuse.

    Leverage data ethically with Matomo

    Data is everything in business.

    But it’s not something to be taken lightly. Mishandling user data can break customer trust, lead to penalties from organisations and even create legal trouble and massive fines.

    You should only use privacy-first tools to ensure you’re handling data responsibly.

    Matomo is a privacy-friendly web analytics tool that collects, stores and tracks data across your website without breaking privacy laws.

    With over 1 million websites using Matomo, you can track and improve website performance with :

    • Accurate data (no data sampling)
    • Privacy-friendly and compliant with privacy regulations like GDPR, CCPA and more
    • Advanced features like heatmaps, session recordings, A/B testing and more

    Try Matomo free for 21-days. No credit card required.