May 15, 2025
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If data privacy laws feel like a labyrinthine maze of confusion — or a wilderness where you immediately feel lost without a flashlight — you are not alone.
The rules governing how brands collect and use personal data continue to evolve in our digital landscape — and it can feel complicated, especially with some differences in standards between the United States and other countries.
But if your media company or business runs any type of sweepstakes, giveaways, or other forms of promotions, navigating and adhering to these data privacy laws is not optional and shouldn't be a matter of guesswork. In fact, it's absolutely essential.
In the U.S., compliance with laws like CCPA (California Consumer Privacy Act) and an understanding of international regulations like the GDPR (General Data Protection Regulation) can mean the difference between a positive or negative experience — and a successful promotion or potential legal implications! Here's what you need to know.
Whenever you collect a consumer's data for a promotion — whether it's a name, phone number, email address, mailing address, and more — you're automatically opting into the world of privacy compliance.
Here are the two big governing regulations in the U.S. and abroad that you should be aware of.
The CCPA grants California residents more control over their personal information collected by businesses. According to the act, consumers have the following rights:
Now, you may be wondering how the CCPA affects you — if you don't live in California. While it is state-specific, its implications are generally considered to be nationally applicable, as any business collecting data from Californians must comply.
The CCPA has also spurred about 20 other states to enact their own comprehensive consumer data privacy laws.
According to the CCPA, it applies to for-profit businesses that do business in California and meet any of the following:
Now, let's jump across the pond to look at the GDPR, which is commonly thought to be the strictest privacy and security law in the world.
It includes measures like active opt-ins and transparent data practices and applies to any business collecting or processing personal data from individuals in the European Union (EU) — regardless of where the business is based.
Here is a quick, overarching summary of data subjects' privacy rights under the GDPR:
Now, you may be thinking — what does the GDPR have to do with my American business? Here's the thing: If any of your campaigns reaches even a single EU citizen, you must comply with GDPR regulations. With promotions like giveaways and sweepstakes, the likelihood of this happening is high!
While both the CCPA and the GDPR are intended to protect consumer data and individual privacy, they are different. A primary point of distinction is that the GDPR has stricter, more explicit consent requirements before any data collection — an opt-in is required.
In contrast, CCPA compliance doesn't require an opt-in for data collection, only that consumers have a clear way to opt out later.
As you can probably tell, it takes far more than checking a simple box to attain and maintain compliance with these privacy laws.
Here are some best practices for how to obtain user consent during promotions:
Even the most well-intentioned actions to stay compliant can fall short. Here are four of the most common pitfalls that could potentially create problems for your business.
Navigating privacy compliance and consent management for promotions might seem time-consuming and complicated, with the potential for some errors. But what if you had software that took care of compliance for you — no matter what type of promotion campaign you are running? That's where Audience.io comes in.
The Audience.io platform reduces your exposure to legal compliance risks and automates much of the compliance process to help businesses:
With data privacy laws only getting stricter and more comprehensive in the U.S. and around the world, the right tools, like Audience.io, are your best partner in activating promotions efficiently and effectively.
Promotions are a powerful marketing tool for your business — but they have to be engaging to the consumer, and they must also be built on trust and transparency.
Audience.io checks the box on both so you can ensure that every activation is compliant and that you are following all general data protection principles.
Explore our latest case studies for additional information about how we set businesses and media companies up for success in their promotions.