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• Virginia Consumer Data Protection Act (VCDPA) Guide

  27 septembre 2023, par Erin — Privacy

  Do you run a for-profit organisation in the United States that processes personal and sensitive consumer data ? If so, you may be concerned about the growing number of data privacy laws cropping up from state to state.

  Ever since the California Consumer Privacy Act (CCPA) came into effect on January 1, 2020, four other US states — Connecticut, Colorado, Utah and Virginia — have passed their own data privacy laws. Each law uses the CCPA as a foundation but slightly deviates from the formula. This is a problem for US organisations, as they cannot apply the same CCPA compliance framework everywhere else.

  In this article, you’ll learn what makes the Virginia Consumer Data Protection Act (VCDPA) unique and how to ensure compliance.

  What is the VCDPA ?

  Signed by Governor Ralph Northam on 2 March 2021, and brought into effect on 1 January 2023, the VCDPA is a new data privacy law. It gives Virginia residents certain rights regarding how organisations process their personal and sensitive consumer data.

  

  The law contains several provisions, which define :

  • Who must follow the VCDPA
  • Who is exempt from the VCDPA
  • The consumer rights of data subjects
  • Relevant terms, such as “consumers,” “personal data,” “sensitive data” and the “sale of personal data”
  • The rights and responsibilities of data controllers
  • What applicable organisations must do to ensure VCDPA compliance

  These guidelines define the data collection practices that VCDPA-compliant organisations must comply with. The practices are designed to protect the rights of Virginia residents who have their personal or sensitive data collected.

  What are the consumer rights of VCDPA data subjects ?

  There are seven consumer rights that protect residents who fit the definition of “data subjects” under the new Virginia data privacy law. 

  

  A data subject is an “identified or identifiable natural person” who has their information collected. Personally identifiable information includes a person’s name, address, date of birth, religious beliefs, immigration status, status of child protection assessments, ethnic origin and more.

  Below is a detailed breakdown of each VCDPA consumer right :

  1. Right to know, access and confirm personal data : Data subjects have the right to know that their data is being collected, the right to access their data and the right to confirm that the data being collected is accurate and up to date.
  2. Right to delete personal data : Data subjects have the right to request that their collected personal or sensitive consumer data be deleted.
  3. Right to correct inaccurate personal data : Data subjects have the right to request that their collected data be corrected.
  4. Right to data portability : Data subjects have the right to obtain their collected data and, when reasonable and possible, request that their collected data be transferred from one data controller to another.
  5. Right to opt out of data processing activity : Data subjects have the right to opt out of having their personal or sensitive data collected.
  6. Right to opt out of the sale of personal and sensitive consumer data : Data subjects have the right to opt out of having their collected data sold to third parties.

  Right to not be discriminated against for exercising one’s rights : Data subjects have the right to not be discriminated against for exercising their right to not have their personal or sensitive consumer data collected, processed and sold to third parties for targeted advertising or other purposes.

  Who must comply with the VCDPA ?

  The VCDPA applies to for-profit organisations. Specifically, those that operate and offer products or services in the state of Virginia.

  

  Additionally, for-profit organisations that fit under either of these two categories must comply with the VCDPA :

  • Collect and process the personal data of at least 100,000 Virginia residents within a financial year or
  • Collect and process the personal data of at least 25,000 Virginia residents and receive at least 50% of gross revenue by selling personal or sensitive data.

  If a for-profit organisation resides out of the state of Virginia and falls into one of the categories above, they must comply with the VCDPA. Eligibility requirements also apply, regardless of the revenue threshold of the organisation in question. Large organisations can avoid VCDPA compliance if they don’t meet either of the above two eligibility requirements.

  What types of consumer data does the VCDPA protect ?

  The two main types of data that apply to the VCDPA are personal and sensitive data. 

  

  Personal data is either identified or personally identifiable information, such as home address, date of birth or phone number. Information that is publicly available or has been de-identified (dissociated with a natural person or entity) is not considered personal data.

  Sensitive data is a category of personal data. It’s data that’s either the collected data of a known child or data that can be used to form an opinion about a natural person or individual. Examples of sensitive data include information about a person’s ethnicity, religion, political beliefs and sexual orientation. 

  It’s important that VCDPA-compliant organisations understand the difference between the two data types, as failure to do so could result in penalties of up to $7,500 per violation. For instance, if an organisation wants to collect sensitive data (and they have a valid reason to do so), they must first ask for consent from consumers. If the organisation in question fails to do so, then they’ll be in violation of the VCDPA, and may be subject to multiple penalties — equal to however many violations they incur.

  A 5-step VCDPA compliance framework

  Getting up to speed with the terms of the VCDPA can be challenging, especially if this is your first time encountering such a law. That said, even organisations that have experience with data privacy laws should still take the time to understand the VCDPA.

  

  Here’s a simple 5-step VCDPA compliance framework to follow.

  1. Assess data

  First off, take the time to become familiar with the Virginia Consumer Data Protection Act (VCDPA). Then, read the content from the ‘Who does the VCDPA apply to’ section of this article, and use this information to determine if the law applies to your organisation.

  How do you know if you reach the data subject threshold ? Easy. Use a web analytics platform like Matomo to see where your web visitors are, how many of them (from that specific region) are visiting your website and how many of them you’re collecting personal or sensitive data from.

  To do this in Matomo, simply open the dashboard, look at the “Locations” section and use the information on display to see how many Virginia residents are visiting your website.

  

  Using the dashboard will help you determine if the VCDPA applies to your company.

  2. Evaluate your privacy practices

  Review your existing privacy policies and practices and update them to comply with the VCDPA. Ensure your data collection practices protect the confidentiality, integrity and accessibility of your visitors.

  One way to do this is to automatically anonymise visitor IPs, which you can do in Matomo — in fact, the feature is automatically set to default. 

  

  Another great thing about IP anonymisation is that after a visitor leaves your website, any evidence of them ever visiting is gone, and such information cannot be tracked by anyone else. 

  3. Inform data subjects of their rights

  To ensure VCDPA compliance in your organisation, you must inform your data subjects of their rights, including their right to access their data, their right to transfer their data to another controller and their right to opt out of your data collection efforts.

  That last point is one of the most important, and to ensure that you’re ready to respond to consumer rights requests, you should prepare an opt-out form in advance. If a visitor wants to opt out from tracking, they’ll be able to do so quickly and easily. Not only will this help you be VCDPA compliant, but your visitors will also appreciate the fact that you take their privacy seriously.

  

  To create an opt-out form in Matomo, visit the privacy settings section (click on the cog icon in the top menu) and click on the “Users opt-out” menu item under the Privacy section. After creating the form, you can then customise and publish the form as a snippet of HTML code that you can place on the pages of your website.

  4. Review vendor contracts

  Depending on the nature of your organisation, you may have vendor contracts with a third-party business associate. These are individuals or organisations, separate from your own, that contribute to the successful delivery of your products and services.

  You may also engage with third parties that process the data you collect, as is the case for many website owners that use Google Analytics (to which there are many alternatives) to convert visitor data into insights. 

  Financial institutions, such as stock exchange companies, also rely on third-party data for trading. If this is the case for you, then you likely have a Data Processing Agreement (DPA) in place — a legally binding document between you (the data controller, who dictates how and why the collected data is used) and the data processor (who processes the data you provide to them).

  To ensure that your DPA is VCDPA compliant, make sure it contains the following items :

  • Definition of terms
  • Instructions for processing data
  • Limits of use (explain what all parties can and cannot do with the collected data)
  • Physical data security practices (e.g., potential risks, risk of harm and control measures)
  • Data subject rights
  • Consumer request policies (i.e., must respond within 45 days of receipt)
  • Privacy notices and policies

  5. Seek expert legal advice

  To ensure your organisation is fully VCDPA compliant, consider speaking to a data and privacy lawyer. They can help you better understand the specifics of the law, advise you on where you fall short of compliance and what you must do to become VCDPA compliant.

  Data privacy lawyers can also help you draft a meaningful privacy notice, which may be useful in modifying your existing DPAs or creating new ones. If needed, they can also advise you on areas of compliance with other state-specific data protection acts, such as the CCPA and newly released laws in Colorado, Connecticut and Utah.

  How does the VCDPA differ from the CCPA ?

  Although the VCDPA has many similarities to the CCPA, the two laws still have their own approach to applying the law. 

  Here’s a quick breakdown of the main differences that set these laws apart.

  Definition of a consumer

  Under the VCDPA, a consumer is a “natural person who is a Virginia resident acting in an individual or household context.” Meanwhile, under the CCPA, a consumer is a “natural person who is a California resident acting in an individual or household context.” However, the VCDPA omits people in employment contexts, while the CCPA doesn’t. Hence, organisations don’t need to consider employee data.

  Sale of personal data

  The VCDPA defines the “sale of personal data” as an exchange “for monetary consideration” by the data controller to a data processor or third party. This means that, under the VCDPA, an act is only considered a “sale of personal data” if there is monetary value attached to the transaction.

  This contrasts with the CCPA, where that law also counts “other valuable considerations” as a factor when determining if the sale of personal data has occurred.

  Right to opt out

  Just like the CCPA, the VCDPA clearly outlines that organisations must respond to a user request to opt out of tracking. However, unlike the CCPA, the VCDPA does not give organisations any exceptions to such a right. This means that, even if the organisation believes that the request is impractical or hard to pull off, it must comply with the request under any circumstances, even in instances of hardship.

  Ensure VCDPA compliance with Matomo

  The VCDPA, like many other data privacy laws in the US, is designed to enhance the rights of Virginia consumers who have their personal or sensitive data collected and processed. Fortunately, this is where platforms like Matomo can help.

  Matomo is a powerful web analytics platform that has built-in features to help you comply with the VCDPA. These include options like :

  • Cookie-less tracking
  • Creating consumer consent and opt-out forms
  • Giving consumers access to their personal data

  Try out the free 21-day Matomo trial today. No credit card required.

• iOS 17’s Impact on Marketing : Navigating Privacy Changes

  22 septembre 2023, par Erin — Analytics Tips, Marketing

  In the ever-evolving landscape of digital marketing, staying up-to-date with the latest changes is paramount. One such significant change came on 18 September 2023, in the form of iOS 17, Apple’s latest operating system update. With iOS 17, Apple has introduced new privacy features that are set to have a profound impact on marketers and how they track and analyse user behaviour. 

  In this blog, we will explore what iOS 17 is, how it affects tracking, which tracking parameters are impacted, what remains unaffected, and most importantly, how marketers can future-proof their campaign tracking URLs.

  What is iOS 17 ?

  iOS 17 is the latest update to Apple’s mobile operating system, used on millions of iPhones worldwide. While iOS updates often bring new features and improvements, iOS 17 has made waves in the digital marketing community due to its emphasis on user privacy.

  How does iOS 17 affect tracking ?

  One of the key features of iOS 17 that concerns marketers is its impact on tracking. Apple’s new update aims to enhance user privacy by limiting the information that can be tracked and collected by third-party entities, particularly through query parameters in URLs. This means that certain tracking mechanisms that marketers have relied on for years are now rendered ineffective on iOS 17 devices.

  Campaign tracking URLs, also known as tracking parameters or UTM parameters, are special codes added to the end of URLs. They are used by marketers to track various aspects of a user’s interaction with a digital marketing campaign. These parameters provide valuable data, such as the source of traffic, the medium through which users arrived and specific campaign details.

  For example, with Matomo (mtm) tracking parameters, a campaign tracking URL might look like this :

  https://www.example.com/products/example_product?mtm_campaign=summer-sale

  

  Understanding the impact of iOS 17 on campaign tracking URLs is essential for marketers who rely on this data to measure the effectiveness of their marketing campaigns.

  Which campaign tracking parameters are affected by iOS 17 ?

  Several tracking parameters commonly used by marketers will no longer work as expected on iOS 17. Some of these include :

  • Facebook (fbclid) : Employed for tracking Facebook advertising campaigns. 
  • Instagram (igshid) : Used to track user interactions with Instagram ads.
  • Google Ads (gclid) : Used to track Google Ads campaigns. 
  • Twitter (twclid) : Used to track user interactions with Twitter ads. 
  • Microsoft Ads (msclkid) : Employed for tracking Microsoft Ads campaigns. 
  • Mailchimp (mc_eid) : Used by Mailchimp for email campaign tracking. 

  These changes are significant, as they disrupt many of the common tracking methods that marketers rely on to measure the effectiveness of their campaigns.

  Which campaign tracking parameters are not affected by iOS 17 ?

  While many tracking parameters have been impacted, there are still some that remain unaffected on iOS 17. However, it’s important to note that the status of these parameters might change in the future as Apple continues to prioritise user privacy. Some of the tracking parameters that are still working as of now include :

  • Matomo (mtm) : Matomo campaign tracking parameters. 
  • Google Analytics (UTMs) : Google Analytics campaign tracking parameters.
  • Pinterest (epik) : Used for tracking Pinterest campaigns. 
  • Klaviyo (_kx) : Klaviyo for email marketing tracking. 
  • TikTok (tt-) : Used for tracking TikTok ad interactions. 
  • Hubspot (hsa) : Used for tracking Hubspot campaigns. 

  While these parameters offer some reprieve for marketers, it’s essential to keep a close eye on any potential changes in their functionality as Apple continues to roll out privacy-friendly features.

  How are Matomo users impacted ?

  Fortunately, Matomo, as a leading privacy-friendly web analytics solution, remains unaffected by the changes introduced by iOS 17. Specifically :

  For Matomo users who rely on mtm or UTMs

  If you’re using Matomo or GA tracking parameters, you can rest assured that iOS 17’s changes won’t affect your tracking capabilities in Matomo.

  Attention to gclids (Google Ads) and msclkid (Bing Ads)

  If you use Google Ads or Bing Ads tracking parameters with Matomo’s Advertising Conversion Export feature for tracking, iOS 17 presents a challenge. Your gclids and msclkids may not provide the same level of tracking accuracy on Apple mobile devices. This is a critical consideration, especially if your ad campaigns target mobile users.

  To stay informed about changes in the digital marketing landscape, including updates related to iOS 17, sign up for our newsletter where we regularly provide updates and insights on adapting your tracking and marketing strategies to ensure compliance and respect user privacy.

  How to future-proof your campaign tracking

  Given the impact of iOS 17 on tracking, it’s crucial for marketers to adapt and future-proof their campaign tracking strategies. Here are some steps you can take to mitigate the affects of iOS 17 on your marketing campaigns :

  Monitor platform updates

  Expect updates from advertising and analytics platforms in response to Apple’s privacy changes. These platforms are likely to develop alternative tracking methods or adapt existing ones to comply with iOS 17’s restrictions. Stay informed about these updates and incorporate them into your tracking strategy.

  Prioritise privacy-friendly tech stacks

  In the ever-evolving digital marketing landscape, it’s crucial to prioritise privacy-friendly tech stacks. Privacy-friendly tracking tools like Matomo are essential for maintaining trust and respecting user privacy.

  Matomo ensures the privacy of your users and analytics data. When using Matomo, you retain control of your data ; nobody else does. This commitment to user privacy aligns with the changing digital marketing landscape, where privacy is taking centre stage.

  Transition from affected campaign tracking parameters

  If you’ve been using tools like Mailchimp, whose campaign tracking URLs have been affected by iOS 17, consider transitioning to the campaign tracking URL parameters of your analytics solution. Whether you choose Matomo or Google Analytics, these solutions can help you understand how your email marketing campaigns are performing.

  Focus on data privacy compliance

  Embrace data privacy compliance practices. As privacy regulations evolve, it’s essential to prioritise transparency in data collection. Ensure that your tracking methods align with privacy standards to maintain trust with your audience.

  Regularly review and adapt

  The digital marketing landscape is dynamic, and iOS 17 is just one example of how quickly things can change. Regularly review your tracking methods and adapt to new developments in the industry. Staying agile and informed is key to long-term success.

  Marketers’ path forward

  iOS 17 has reshaped mobile user privacy, challenging marketers to adapt. While some tracking parameters are affected, savvy marketers can still thrive by embracing unique tracking solutions, staying informed about platform updates, and prioritising data privacy. 

  Explore Matomo for privacy-friendly analytics and navigate this evolving landscape successfully with our 21-day free trial – no credit card required. 

• 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. 

  

  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. 

  

  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.

  

  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.

  

  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.

  

  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.

  

  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.