You are looking for an affiliate software that comply with GDPR, or drafiting an contracts with affiliate? Well, this article is the things you need to know about GDPR role in your affiliate program.
Disclaimer: This article is not a comprehensive guide on EU data privacy or legal advice for complying with laws like the GDPR. It provides background information to help you understand certain legal points. For legal advice specific to your situation, consult an attorney. Do not rely on this article as legal advice or as an endorsement of any particular legal interpretation.
What is GDPR?
The General Data Protection Regulation (GDPR) is a European Union regulation that focuses on information privacy within the European Union (EU) & and the European Economic Area (EEA). This regulation introduces several significant appliances, such as:
- Scope: GDPR applies to any company processing the personal data of individuals residing in the EU, regardless of the company’s location.
- Penalties: Organizations, including both controllers and processors, that do not comply with GDPR can face fines of up to 4% of their annual global revenue or €20 million (whichever is higher).
- Consent: Consent must be requested in a clear, clearly explaining the data you gather in straightforward language, and ensure visitors actively opt into this collection.
- Breach notification: Breach notifications are mandatory and must be completed within 72 hours of the organization becoming aware of the breach.
- Privacy by design: GDPR requires that data protection is integrated into the design of systems from the outset, not as an afterthought.
How does GDPR affect your affiliate marketing program?
Via an affiliate marketing program, merchants can collect not only customer information from orders but also information from their affiliates. Therefore, GDPR also applies to merchants in relation to their affiliates.
- Firstly, GDPR requires merchants to ensure that any personal data collected from affiliates or customers through affiliate programs is handled in compliance with GDPR regulations.
- Secondly, GDPR mandates that merchants implement appropriate security measures to protect the personal data of affiliates and customers.
- Thirdly, merchants are responsible for ensuring that any third-party platforms or services used for affiliate marketing also comply with GDPR regulations.
With such importance, GDPR indeed is one of the top concerns when you create terms & conditions for your program.
How does GDPR apply to your affiliate marketing app?
Since BixGrow integrates with the merchant’s system to manage these programs, it has access to customer/order information.
Because BixGrow is operating on behalf of the merchant, customers’ & affiliates’ information is subject to the Merchant’s Privacy Policy. To be more specific, the regulation is located in the privacy policies related to the Merchant and third-party service providers.
As a data processor, affiliate marketing software has several responsibilities under GDPR, including:
- Processing data only on the instructions of the data controller (the merchant).
- Implementing appropriate technical and organizational measures to protect the data.
- Assisting the data controller in fulfilling their GDPR obligations (e.g., data subject rights, breach notifications).
How to be GDPR compliant with BixGrow?
| GDPR Rule | What it means | How to be compliant with BixGrow |
| Right to be forgotten | Under GDPR, individuals can request you to delete their personal information.If an individual asks you to erase their data, you’ll need to remove it from your systems permanently, usually within 30 days. | Merchants have the capability to delete affiliates’ and referrals’ data directly from the admin interface. As a merchant, you have the right to request the deletion of any personal data, such as affiliate personal data, held by us, as long as it is no longer necessary for the functioning of your affiliate program. |
| Right to Access | Individuals or data subjects have the right to request a copy of their data in a commonly used format. The processing time for fulfilling such requests will be reduced to a 30-day period. | Affiliates’ and referrals’ data can be exported through a CSV file. If you request, we will provide you with this information as part of the request, unless doing so would adversely affect the rights and freedoms of others. We will inform you if we are unable to fulfill your request for this reason. |
| Data Rectification | Allows individuals/data subjects can ask businesses to fix their personal information if it’s wrong or missing. | Affiliates and referral data can be changed in the Admin portal on their profile page. If you need us to correct any other personal information that you can’t change yourself, you can reach out to us through live chat or contact our support team. |
| Right to complain about our use of individual data | An individual can complain if they believe that their data has been mishandled or misused by an organization. | Merchants, if you have any complaints about how your data is being handled, you have the right to bring them to the attention of the supervisory authority in the Member State where you live or work. However, we advise you to first discuss your concerns with us directly so that we can resolve them internally. |
| Lawful basis for processing | To process an individual’s data lawfully, you must have a valid reason. This could include their consent, performance of a contract, or legitimate interests. For example, if someone joins the affiliate program, you may send them information related to it. | In BixGrow, affiliates and referrals fall under either the “legitimate interest” or “consent” basis, depending on your registration process. All emails sent through BixGrow should relate to your affiliate or referral program and not cover unrelated matters. |
| Cookies | Individuals must be informed clearly and simply if you’re using cookies to track them, and they need to consent to being tracked. Any cookie capable of identifying or treating an individual as unique without explicit identification means you’re processing personal data. | BixGrow’s affiliate cookie doesn’t store unique or identifiable information and isn’t used by third parties, so it doesn’t fall under GDPR rules. It’s solely used to ensure proper attribution for referral actions, set by the merchant and the client, with no involvement from third parties. In case merchants still don’t want cookies to be set, they can assign affiliate coupons instead of links. |
| Data protection agreement | The GDPR places several obligations on companies that collect and use personal data. One crucial requirement is having a Data Processing Agreement (DPA) with every entity that accesses this data. | Review BixGrow’s Privacy Policy |
To exercise any of the rights mentioned above, please contact us at [email protected].
How GDPR can power affiliate marketing
In the short run, assuring GDPR compliance may be stressful & time-consuming, yet it signifies a positive progression toward enhancing customer satisfaction and protection.
The payoff? You provide customers with a superior experience.
Moreover, GDPR underscores the growing significance of referral and word-of-mouth marketing in the marketing landscape. Traditional outbound marketing tactics such as cold calling, emailing, and intrusive tracking methods are gradually fading away. Instead, the future lies in inbound strategies and nurturing relationships, with affiliate marketing emerging as an important factor.
FAQs
Is my store affected if based outside of the EU?
GDPR applies to organizations within the European Union and companies based outside the EU. Essentially, any organization that offers goods or services to, or monitors the behavior of, EU data subjects is affected by GDPR. The regulation applies to both data controllers and processors, meaning that “cloud computing” is not exempt from GDPR enforcement.
What are the rules that are equivalent to GDPR in the US?
In the United States, there is no single law that is directly equivalent to the General Data Protection Regulation (GDPR) of the European Union. However, there are several federal and state-level laws and regulations that cover aspects of data protection and privacy. Federal level (CCPA, FTC Act), state level (VCDPA, CPA)
Is FTC the same as GDPR regulators?
No. For example, it cannot impose fines on companies that violate US privacy laws. There is no all-encompassing federal data protection regulation in the US. However, some states, like California, have introduced their own versions of GDPR, known as CCPA.
Is BixGrow GDPR compliant?
BixGrow ensures compliance with GDPR requirements by implementing measures to protect the privacy and rights of EU citizens, including obtaining explicit consent for data processing, providing transparency about data practices, and implementing security measures to safeguard personal data.
How does BixGrow protect merchants’ data?
We take data protection seriously. We have a variety of administrative and electronic measures that are designed to protect your personal data against unauthorized access, usage, or disclosure.
Dan Muller
I have been working in marketing for four years, passionate about creative writing and copy writing. Love to be alone at watersides, sip coffee, play games or read anything that is thought provoking.