Geo-Targeted Compliance: Serving Legal Policies Based on User Location

If you're a business owner with an online presence, you now have boundless opportunities to generate custom from every part of the globe. The snag is that while the Internet may not seem to have borders, the law is a different matter.

Different countries, sometimes even individual states or provinces, have their own data protection laws. This is why your business must understand the importance of geo-targeted compliance. When visitors access your website from different parts of the world, your legal policies need to match their location. This helps you stay on the right side of the law and build your customers' confidence.

This article will explore geo-targeted compliance and how it works. We will also look at the tools your website can use to dynamically display the correct Cookie Banners, Privacy Notices, and more to keep you compliant and protect your customers.

Understanding Geo-Targeted Compliance

Geo-targeted compliance means tailoring the legal policies and consent forms on your website to the user's physical location. Some examples of what this looks like in practice include:

• Displaying a GDPR-compliant Cookie Banner to European Union and UK users
• Showing a CCPA notice to users in California
• Adapting your Privacy Policy to comply with PIPEDA for Canadian users

Key Privacy Legislation to Consider

As shown in the data protection and privacy legislation world map from N Trade & Development, there are very few countries that have not adopted some type of data protection laws.

Here's a breakdown of key data laws your business needs to consider for geo-targeted compliance.

Europe: General Data Protection Regulation (GDPR)

The GDPR is law in the European Economic Area (EEA), and it has been adopted by the UK. It applies to all businesses that handle the data of EEA individuals.

As can be seen on Hafele's German website, the GDPR requires users opt in to cookie policies. You must provide easy access to your Privacy Policy, which should be adapted to meet GDPR requirements.

Under the GDPR, obtaining consent-even when just using cookies-is more than a formality. It's mandatory, and there are significant fines for businesses that do not comply. So, before you begin marketing to EEA and UK customers, ensure your Cookie Banner and Privacy Policy meet their requirements.

US: State Privacy Laws

The United States does not currently have a federal data privacy law governing all states. However, several states have enacted their own legislation, including:

• California
• Colorado
• Connecticut
• Nevada
• Utah
• Virginia
• Florida
• Oregon
• Texas
• Montana

All of these states require cookie notices. You must also provide opt-out options for users who do not consent to using their personal data.

Canada: Personal Information Protection and Electronic Documents Act (PIPEDA)

PIPEDA applies to all Canadian companies that collect personal information about Canadians. However, it only applies to businesses that have a real and substantial connection to Canada.

This does not necessarily mean you need to have a physical presence in the country. If you sell goods or services to Canadian customers, the safest route is to assume that PIPEDA applies to you and ensure your Cookie Notices and Privacy Policy comply with it.

Some provinces of Canada, including Quebec, Alberta, and British Columbia, also have data protection laws. However, they are generally similar to PIPEDA. It's worth getting legal advice to ensure you're compliant if you're targeting customers in those areas.

Brazil: General Data Protection Law (LGPD)

If your business targets Brazilian customers, you may be required to comply with Lei Geral de Proteção de Dados (LGPD). It is similar to the GDPR, but has some unique features, including lower penalties for breaking its requirements. Like the GDPR, users must give consent to businesses to process their personal data.

As the map above shows, these four examples are just a snapshot of the patchwork of data privacy laws in effect worldwide. Yet, how can you know where users are visiting from and serve them the correct legal policies?

Technical Aspects of Geo-Targeted Compliance

Often, the simplest solution for geo-targeted data privacy compliance is using a Consent Management Platform (CMP). CMPs vary in individual specifications, but can include the following features that simplify geo-targeted compliance.

GeoIP lookup

GeoIP services detect a visitor's location based on their IP address. The CMP can then start to implement appropriate data protection protocols.

Conditional logic settings

Conditional logic in CMPs allows you to show or hide content and implement other controls based on the user's location.

For example, under the GDPR, users must give consent before any personal information can be stored. A CMP can block third-party cookies and scripts until user consent has been obtained. In countries where this does not apply, third-party scripts are able to load as normal.

As the example from TermsFeed shows below, the CMP allows you to set up fully customized consent banners. It will then ensure that a compliant Cookie Consent banner is displayed, linking to the appropriate Privacy Policy.

Consent logs

If your business is ever challenged about its compliance with data protection laws, consent logs are critical. Consent logs are digital records that show that you obtained user consent in line with relevant laws. A CMP can create consent logs that can be downloaded at any time to prove compliance.

Ensuring Legal Compliance in Different Jurisdictions

There are three main areas to consider when customizing your website for geo-targeted compliance:

• Cookie Policy and consent banners
• Privacy Policies
• Terms & Conditions (T&Cs)

Cookie Policy and consent banners

Under many data privacy laws, cookies are considered personal data. Cookies are small text files that can store personal data, such as browsing history, login details, and items saved in a shopping cart. A Cookie Policy is not a requirement under all data protection laws. However, for transparency, it is important to have one and to make it easily accessible for visitors to your website.

Many data protection laws require users to be given the option to opt out or customize their cookie preferences, as seen below on the Ghirardelli website. The text of the Cookie Banner should be adapted to comply with the law. In this example, the text is explicit about how personal information is collected, used, and shared.

Privacy Policy

Every business must maintain a Privacy Policy. This document sets out what data you collect, how you use it, and whether other parties have access to it. Data protection laws have specific requirements that each business must address in its Privacy Policy.

You can take two approaches to this:

• Separate Privacy Policies: Create and maintain a separate Privacy Policy for each jurisdiction, displaying the correct one when the user accesses your website.
• Dynamic Privacy Policy sections: Create distinct sections in your Privacy Policy that are tailored to users in different geographical locations.

The publisher Heinemann chooses to maintain two separate Privacy Policies. Alongside its general Website Privacy Policy, it has a separate GDPR Privacy Policy. The clear notice at the start of its general Privacy Policy is crucial for compliance as it limits the possibility of confusion among users in different parts of the world.

The publisher HarperCollins highlights California, selected U.S. states, and Canada in its Privacy Policy. Links to specific sections help users in those locations understand their rights. This clear approach lets users know where they stand and helps the business remain compliant.

The information for California residents in the HarperCollins shows that this additional section is in addition to the general Privacy Notice. To frame a Privacy Notice in this way, it is crucial to get qualified advice to ensure there are no conflicting terms in different sections of the same policy.

A service specializing in creating customized Privacy Policies can help you meet the needs of your business and comply with relevant legislation wherever your customers are located.

Terms & Conditions

Unlike a Privacy Policy, Terms & Conditions are not always a legal requirement. However, these policies are essential for managing customers' expectations and protecting your business. When they are carefully drafted, they are legally enforceable.

T&Cs include jurisdiction and venue clauses. Businesses can specify where a case will be heard in the event of a dispute and which laws will apply. In the spirit of geo-targeted compliance, it may seem like a good idea to update this section based on the user's location. However, this is generally not recommended.

Dynamically changing the T&C jurisdiction could make it more complicated to resolve disputes. Therefore, it is best to consult a privacy expert on which jurisdiction to choose for dispute resolution to make your T&C agreement enforceable worldwide.

Testing for compliance

Once you have created legal policies to comply with different jurisdictions and have configured your CMP to serve them correctly, the final step is testing. The goal is to ensure the right Cookie Consent and Privacy Policies are displayed to comply with each relevant law.

Your CMP may allow you to simulate viewing your website from different parts of the globe to check that it displays the correct banners and notices. You could also use a reliable VPN.

Let's take Ralph Lauren as an example. Notice that the Cookie Banner on Ralph Lauren's Canadian website displays two options-Cookie Setting and an "I Understand" button, as required by PIPEDA.

However, Ralph Lauren's French website uses geo-targeting to display different options. The translation from French to English is below.

Benefits of Geo-Targeted Compliance

Implementing geo-targeted compliance gives you more than legal peace of mind. It can also set your business apart from the competition.

Avoid lawsuits and fines

One of the most obvious benefits is avoiding penalties. Let's take the GDPR as an example. It allows a country's regulator to issue huge fines for breaches.

As shown below in the clip from GDPR.EU, less serious infringements come with a penalty of up to €10 million, or 2% of your annual worldwide revenue. More serious violations could cost up to €20 million, or 4% of your revenue. This underlines the importance of never taking shortcuts when it comes to data protection compliance.

Build Consumer Trust

Research shows that customers are growing increasingly concerned about how businesses use their personal data. A 2023 survey by Pew Research found that 81% of Americans are concerned about how businesses use the data they collect, and 67% do not understand what companies do with it.

Serving geo-targeted Cookie Banners and Privacy Policies lets your customers know where they stand, building customer confidence in your brand. Setting the lead in compliance could set your company apart from the competition.

Enhancing the User Experience

Users in each geographical location you target now expect to be greeted by a Cookie Banner and, in many cases, asked for consent before browsing. When they browse your site, knowing you are based in a different geographical location, yet are seamlessly met with a localized consent request, they feel reassured.

This could lead to more time spent browsing your site and fewer abandoned carts, boosting your business.

Checklist for Website Owners

Legal compliance can seem like a headache, especially when your business crosses borders. This quick compliance checklist can help you ensure your legal policies comply with relevant data privacy laws worldwide:

• Where is your traffic coming from? Analytics tools and geoIP tracking can help you understand where your customers are visiting from.
• Do I have a Consent Management Platform (CMP), and is it set up correctly? Your CMP should be configured to automatically display the correct Cookie Notice and link to a compliant Privacy Policy. You must also check whether third-party scripts are blocked before you get user consent, as required by the GDPR.
• Do you have separate Privacy Policies for different geographical locations, or do you dynamically display different sections depending on the user’s location? Both options can work, but it’s crucial to ensure visitors see the version that applies to them.
• How often do you audit your legal policies? Data privacy laws are constantly updated, and new laws are being added. Regular audits ensure your policies are up to date.

Summary

If your business targets customers from different countries, you need to serve them with Cookie Banners and Privacy Policies that comply with data protection laws in their country. The easiest way to do this is to use a Consent Management Platform (CMP) that detects the visitor's location and serves them with the correct pop-ups and policies.

It is important to audit your Privacy Policies and test your geo-targeting regularly to ensure they remain compliant. Taking a proactive approach to geo-targeted compliance can help your business avoid legal challenges and penalties and build customer confidence in your brand.