Managing Consent: Opt-in versus Opt-out
What is Privacy Management Software?
Privacy management software is used to achieve and maintain compliance with GDPR, CCPA, and other state, national or regional data privacy laws and regulations around the world. As more regions adopt data privacy regulations, the complexity for multi-nationals grows exponentially. Robust, multi-language privacy management software can help organizations operationalize privacy and facilitate consistent and continuous compliance as well as reporting to requisite bodies such as data protection authorities and attorneys general.
Common Privacy Management Software Elements for CCPA
A comprehensive privacy management software platform for managing CCPA compliance requires several core elements. These should include the following:
- Consent Management Platform
- Cookie Compliance
- Consumer Rights Management (SRR or DSAR)
- Policy & Notice Generator
- Data Inventory and Mapping
- Vendor Management
- Assessment Management
- Automated Workflows
This article will focus on the first requirement: consent management. The ability to manage consumer / data subject consent is at the heart of most data privacy regulations, making it an essential element of a privacy program.
Managing Consent: Opt-In Versus Opt-Out
Under the GDPR, the standard for data protection, consent is one of several lawful basis for data processing. One of the challenges with consent is that it can be withdrawn at any time, and a method for withdrawing consent must be provided.
As stated by Article 7 of the GDPR, the controller shall be able to demonstrate that the data subject has consented to the processing of her or her personal data. In addition, it should be noted that the GDPR requires that consent be valid, explicit, freely given, and to be opt-in through a “clear affirmative action.” It is not acceptable to assign consent through the data subject’s silence or by supplying “pre-ticked boxes.”
How Do You Need to Manage Consent Under CCPA?
There are two parts to CCPA consent requirements. The first is “Do Not Sell”. The consumer must have a way to request that the organization not sell their personal information. The second part is the ability to opt-out of tracking by specific cookies. In addition, under US email marketing law, a consumer must also be able to unsubscribe or opt out of future emails if they desire.
What Is a Consent Management Platform?
The first step in determining how to manage consent is to identify where it is tracked and which applications or programs rely on it. In this case, it is often sales, marketing or support applications such as CRMs or marketing automation tools. Typically this is handled by a preference manager or a consent management platform. The consent management platform may be a standalone system, or more often, part of the privacy compliance management platform or suite. Because, especially under CCPA, consent also applies to cookies, it is often bundled with a website cookie analyzer, cookie consent manager, and cookie banner generator.
The consent management platform’s role is to handle the opt in or opt out consent, pass that information to other relevant systems, and to provide a mechanism for the consumer to adjust / change or withdraw their consent.
A consent management platform should be able to store the name or other identifier of the consumer / data subject as well as the date/timestamp of the consent. Typically consent management will include an intake mechanism such as a web form and web hooks or API for communicating with the relevant systems.
2B Advice PrIME Includes Marketing Compliance Tools
2B Advice PrIME privacy management software includes all the essential tools for operationalizing your privacy program, whether for CCPA, GDPR or other privacy regulations. Take a closer look at 2B Advice privacy software or read about the marketing compliance tools in our recent release.
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