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GDPR's Impact on Social Media - Everything You Need to Know
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GDPR's Impact on Social Media - Everything You Need
to Know
visitor-analytics.io/en/blog/gdpr-impact-on-social-media
What is Social Media?
Social media - for anyone that’s been hiding under a rock in North Korea for the last 15
years - refers to online platforms where people share ideas and information.
Some of the biggest players here include Facebook, YouTube, WhatsApp, and TikTok.
There are 3.6 billion active social media users globally, meaning they represent almost
half of the world population. This number is projected to increase to 4.4 billion by 2025
(Statista).
The wealth of personal data provided by these users makes these platforms one of the
most effective marketing tools for companies.
In 2020, spending on social media ads reached $132 billion and the total is expected to
surpass the $200 billion mark in the next two years (Statista).
What are the GDPR Implications for Social Media Marketers?
The General Data Protection Regulations (GDPR) is a European Union law that came into
force in 2018. It is built around protecting the personal data of EU citizens and residents.
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The law has no bearing on individuals using social media purely for personal reasons.
Instead, it applies to the use of social media in a professional capacity and prevents the
processing, storing, or sharing of personal data without the owner’s consent.
The regulations apply to any company in the world that holds personal data on EU
citizens and residents, regardless of whether they’re based in the Union.
Respecting the Data Rights of EU Citizens and Residents
The EU law protects eight fundamental rights of online users regarding their online
personal data:
1. The Right to Information
2. The Right of Access
3. The Right to Rectification
4. The Right to Erasure
5. The Right to Restriction of Processing
6. The Right to Data Portability
7. The Right to Object
8. The Right to Avoid Automated Decision-Making
A company’s responsibilities to respect these eight fundamental rights extends to their
social media user data.
This includes anything that can identify a user – such as names, dates of birth, web
browser cookies, and tracking pixels.
There is also an additional “special category” of data that requires a higher level of
protection, such as information on race, ethnicity, and religion.
Consent is Key
Crucially, EU consumers need to explicitly consent to how this data is collected, stored
and used, as well as to its transfer of anything to third parties.
Social media marketers have long required such consent from users before collecting and
using their data, but this requirement is now stricter under GDPR.
Fortunately, consent and data usage have long been effectively covered by the terms and
conditions, and privacy notices of social media platforms.
With consent already in place, GDPR has had a less direct effect on social media
marketing than in other parts of the sector.
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This means that organic social media marketing is largely unaffected by GDPR
regulations, because posting content and engaging users does not require the collection of
personal data.
There is also no issue with fully anonymized data – so simply tracking things like follower
numbers or engagement rate isn’t a problem.
The issue when it comes to social media and GDPR is when you are extracting personal
data from the platform and storing it elsewhere within your business, or when you are
using it for generating and collecting data in exchange for access to a download, for
instance.
Key Areas of GDPR Significance for Social Media Marketers
Here are the three main ways that GDPR affects social media marketing:
1. Curbs on remarketing advertisements and tracking pixels
Remarketing (or retargeting) enables companies to create ads that follow their website
visitors to the social media platforms they use, thanks to a pixel which identifies them as
previous visitors to your website (or a specific page within it).
This information makes remarketing an effective marketing tool, but GDPR legislation
now requires that consumers explicitly consent to the use of their data for such activities.
This includes consent for the use of retargeting cookies.
If you’re targeting EU consumers, you must get explicit opt-in consent when you’re using
personal data – including user tracking – and you must disclose GDPR compliance at
every stage of your marketing funnel.
This will naturally add extra steps to marketing campaigns and mean that some of the
generated leads will inevitably disappear. It will also make it more difficult to market to
the social media users who have visited your website in the past.
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2. Compels social media users to accept your privacy notice
When advertising to generate leads on social media, you will need to ensure that any
form for capturing data has a suitable disclaimer and link to the privacy notice, with no
pre-ticked opt-in boxes for obtaining consent.
And, under GDPR, visitors to a social media landing page will have to opt-in twice –
firstly to accept your privacy notice and secondly to follow your call-to-action.
3. Limits user behavior tracking
Social media analytics is vital for marketing, but GDPR now restricts the monitoring of
social media user behavior.
If you’ve noticed differences in traffic volumes to your website, including drop-offs and
data lagging, you will need to test your cookie opt-ins to ensure that your social media
traffic is accepting the terms.
What are the GDPR Penalties for Non-Compliance?
The GDPR imposes strict fines on companies seen to be inadequately protecting EU
citizen personal data, with a two-tier fining system: Tier 1: up to €10 million, or 2% of
annual global revenue from the previous year, whichever is higher Tier 2: up to €20
million, or 4% of annual global revenue from the previous year, whichever is higher
Tier 1: up to €10 million, or 2% of annual global revenue from the previous year,
whichever is higher
Tier 2: up to €20 million, or 4% of annual global revenue from the previous year,
whichever is higher
What You Need to do to Stay GDPR Compliant
Conduct an Internal Audit
Assess your operational procedures and processes regarding all social media platforms
used.
Map the flow of personal data along these channels, so that you can see where it came
from and who it is being shared with.
Identify what data you have on existing EU residents and review third-party service
agreements to ensure their GDPR compliance - including photos of employees on your
website and social media channels.
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Ensure ‘Privacy by Design’
This is a key theme running through GDPR, and means you must plan and decide how
personal data can pass through your company in as safe and secure a manner as possible.
In practice, this means that the strictest privacy settings now apply to any company
product or service. Personal information should only be collected when necessary and be
kept only for the required amount of time.
Have a Clear and Concise Privacy Notice
Create a readily accessible privacy notice, including your social media policy, with all
marketing activities. This way, users understand what happens to their data.
Seek Permission Every Step of the Way
Obtain explicit consent for processing personal data through readily available opt-in
forms that are written in clear, uncomplicated language.
These forms must be more detailed than in the past, with information about what
information is being collected and why it is being shared. These opt-ins must also be
mobile friendly.
Remember - inactivity does not mean consent; users must take action for themselves.
Ensure Your Legal Basis for Processing Data
Companies must be able to justify their legal basis for processing personal data.
They must also have systems in place for customers to request changes or removal of their
personal data – including its transfer to another company.
Limit Availability of Social Media Data to Employees
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Establish a company policy that informs people about social media management and the
rules surrounding GDPR.
This should include designating specific employees to manage social media pages to
prevent unauthorized access to personal data, with logins not shared with your entire
staff, as well as rules preventing the use of personal social media accounts for company
activities.
The social media policy should include the following points:
Risk of defamation
Reputation and brand management
Handling negative comments
Monitoring employees
Protecting information about employees
Explain and Justify Your Intent with Data
Companies can only collect and process data if they have a legal basis for doing so.
Consequently, explain to users why your company needs their personal data, and what it
will be used for.
Inform them about any processes that have been introduced after they initially granted
consent. You may also need to update your cookie notice.
Compliance is an ongoing task
GDPR compliance can be a time and resource-intense process, but the extra care taken to
protect personal data is appreciated by users.
Adapting your social media marketing strategy is a further opportunity to build trust with
customers and attract better leads.
The best advice is to learn about the new GDPR requirements, review your company’s
procedures for processing data, and to assign someone to continue maintaining compliant
data records.