US Version of GDPR Officially Being Drafted December 06, 2018, | Posted by Samantha

As we have predicted, the development and launch of the EU’s GDPR has inspired multiple countries to begin the process of adopting similar measures to increase privacy and information security; the latest is the US. We mentioned in earlier posts that the US was considering similar initiatives, with an eye towards a new law that would be enforced through existing regulators, and it seems that the process for that has moved forward, according to news from last week. Site Impact has always kept an eye on developments when it comes to regulations that will affect the email marketing industry, and this new regulation that the US is looking towards is going to make a very big difference for brands.

According to sources near to two members of Congress, Senator Richard Blumenthal (D) is working closely with Republican Jerry Moran (who is chairman of the consumer protection, product safety, insurance and data security subcommittee) to produce draft legislation for a new law that would mirror the GDPR protections and requirements, set for early 2019. Of course a draft is not a finished bill, and the idea will require a lot more working before it is in a situation to become law, but the fact that the initiative has bipartisan support bodes well for its eventual adoption. The subcommittee met last week to discuss possible language for the bill, which could enact civil penalties against companies not in compliance with the future law.

The proposed legislation comes amid not only the launch of the GDPR but breaches to consumer information on multiple US-owned companies’ watches, including Apple, Facebook, and Twitter. While the US legislation is in no danger of being an exact clone of the EU’s GDPR, there is a consensus amongst all US citizens that privacy and data are not being protected as vigorously as they should be--and Congress is responding.

What this will mean for companies based in the US remains to be seen, pending the eventual language of the bill itself, but with the proposed draft date of early next year, brands and marketers need to prepare for strong regulations to come, and the impact this will have on their email operations. It’s likely that the new law to come will have some sharp teeth in the form of civil penalties for those companies that don’t abide by the requirements. Overall, it means that those companies that attempted to skirt the issue of GDPR by just closing out consumers in the affected countries are going to have to find ways to comply; after all, they can’t close out all the countries.

As the legislation gathers steam, Site Impact fully intends to keep an eye on it, because this is something that is likely to shape the world of email marketing just as thoroughly as CAN-SPAM did. As more and more data is collected on consumer behaviors, habits, and spending, it only makes sense that the data should be protected. Contact Site Impact to find out how we can make sure that you remain in compliance in all of your email campaigns, no matter what legislation comes along in the future.