One of the most important subjects being discussed today across mediums and industries is data privacy. The collection, processing, reporting, and sale of personal data is being watched and challenged by regulatory bodies and concerned citizens alike. Two of the most prominent and upheld sets of privacy laws across the world are GDPR and CCPA compliance. The Backtracks platform is both GDPR and CCPA compliant across solutions including the player, analytics, and advertising technology. But what exactly does that mean?
GDPR and CCPA Compliant Podcast Software: What Are These Regulations and How Do They Apply?
Considered the toughest set of privacy laws in the world, the GDPR may have been established by the European Union, but anyone who offers content or services to citizens in the EU must comply with it. Likewise, the CCPA — which offers strict regulations regarding the privacy of California residents — also impacts businesses, creators, and people everywhere who intend to engage with residents of the state.
If you’re not yet familiar with these regulations and what they entail, you might find yourself easily overwhelmed by how far-reaching, broad, and strict these privacy protections are. However, with the right GDPR and CCPA compliant software in your tech stack, compliance won’t be difficult at all. Still, you need to understand how these rules impact you.
General Data Protection Regulation (GDPR) and Podcasts
Chances are you don’t need to be weighed down with the various codes of the General Data Protection Regulation (GDPR). The main thing you need to know about the GDPR is that it’s one of the most complete and detailed privacy and security laws in the world. It was passed by the European Union (EU) and went into effect in 2018, but the regulations it imposes impact organizations everywhere.
- Who needs to comply? You need to comply with the GDPR if you “target or collect data related to people in the EU.”
- Why does compliance matter? Failure to comply can subject you to hefty fines, with penalties adding up to millions of euros.
- How is compliance achieved? The GDPR lacks specifics, leaving some things up to interpretation and making compliance harder.
When it comes to GDPR compliance, there are two terms you’ll see often: “controller of data” and “processor of data.” These two roles play a key part in achieving GDPR compliance for a given business. You can consider our podcast software a controller of data, as we’re responsible for managing your podcast files. Controllers of data then manage or outsource to a processor of data (a file storage solution), and they must also comply with the GDPR.
However, that doesn’t mean individuals or creators are good-to-go just because they’re using a compliant solution. If you maintain a website, email addresses or mailing list, or any other public channel, it’s your responsibility to make sure your practices are compliant with the GDPR.
California Consumer Privacy Act (CCPA) and Podcasts
Like the GDPR, the CCPA was written by the state of California to give consumers more knowledge and control over the data companies collect about them and how that data is stored or used. As such, complying with the CCPA requires disclosures, notifications, and a great deal of transparency regarding how you collect data, when you collect data, and what you do with that data.
- Who needs to comply? You need to comply with the CCPA if you target or collect data related to people in California.
- Why does compliance matter? As with the GDPR, failing to comply with the CCPA can lead to substantial fines.
- How is compliance achieved? The CCPA is more specific than the GDPR, but compliance still takes time and effort. Compliance starts with notices regarding your data collection and usage.
Along with being GDPR compliant, our solution is also CCPA compliant. Again, that doesn’t mean your business can check compliance off its to-do list. Rather, as a creator, brand, or other content provider, you need to sit down and review your own practices (especially on your website) to make sure your own actions comply with these regulations.
Why Do the GDPR and CCPA Matter to Podcast Publishers and Creators?
When the GDPR and CCPA first went into effect, many businesses scrambled to gain compliance, and many are still trying even years after the GDPR first went into law. The fact is, a certain level of ambiguity and a lack of specific steps and rules make compliance even tougher, particularly for medium-sized and small businesses.
Regardless of how time-consuming it is, compliance is not only best practice, it is critical. If you haven’t already started on the path to compliance, it’s worth taking the time to talk to a legal advisor or general counsel about the data you collect, how you store it, and the options and notices you need to give to your users. Until then, being out of compliance puts your business in a place of financial risk, especially if you suffer a data breach or leak.
Want to take some of the hassle out of the process? One of the best ways to do so is to make sure you partner with CCPA and GDPR compliant podcast software providers. Our complete solution is both GDPR and CCPA compliant — including the player, analytics, and our advertising. Additionally, we do not cookie or re-target your users or listeners.
Interested in learning more about our solution and what we’re doing to stay in compliance with data privacy regulations and protect personal data? Contact us here to schedule a call.