Marketing Technology

Compliance in 2022

Complying with email legislation is an ever-growing problem for today’s marketers. They have a hard enough time delivering effective messages to their desired audience which resonate, and dealing with compliance is just another setback.

Depending on the countries you market to, your compliance program might look different. But all organizations need to be compliant, there are no exceptions. More and more countries are starting to impose new regulations, which is making it much harder for international marketers to keep up with all the new legislation. On top of that, the fines are also increasing making it more and more risky for organizations to have gaps in their compliance.

Countries like the United States, simply allow marketers to send marketing communications until a lead has explicitly opted-out. There are other countries (e.g. Canada and most of Europe) that only allow a marketer to send marketing communications once a lead has explicitly opted-in. Lastly, there are countries such as Germany who require a double opt-in which can make things seriously tricky.

But compliance isn’t always as simple as just opt-in or opt-out. There are countries which allow you to send marketing messages regardless of opt-in if they are a customer. Another example of a compliance nuance is that Vietnam requires that advertising messages are only allowed between 7 a.m. and 10 p.m. Also, did you know that some countries require that you include certain messaging in marketing communication?

Methods of Smart Campaigns

There are two methods to implementing these smart campaigns in Marketo. The first of which is a method that involves individual smart campaigns to cover all possible scenarios of opt-in management. For example, you create a smart campaign for when a Canadian lead is created and explicitly opted-in upon creation. You would need a significant amount of these smart campaigns to cover all these different scenarios. There are also implications such as customer fields and other custom fields you might use to track opt-in management. The problem with this setup is that if leads fall through the cracks, it can be hard to see where they missed.

The next and more effective method is creating a controller campaign that detects any triggers that might change opt-in. For example, opt-in changes, becomes customer, country changes, and so on. Then we create a detailed flow step which routes leads to requested campaigns depending on which smart list they fall into (e.g. Canada Opt-In leads, Germany Opt-Out leads, etc.). This ensures that all leads are pulled into the proper smart campaigns. It takes more time and can be more difficult to test, but it is a far improvement from the aforementioned program setup. There are also a handful of universal campaigns that will be active for leads that unsubscribe and other universal actions.

DS Services

Marketers have enough on their hands already, and some organizations need help dealing with the overwhelming amount of global compliance regulations. Does your organization need help? Demand Spring is here to implement a robust program and smart campaign setup to allow you to meet your desired level of compliance. We will help build a flowchart based on your requirements and build the right program for you. If this sounds like what you need, reach out! Don’t wait too long and risk severe fines.

Jack Laushway

Jack is a Marketo Certified Associate who is passionate about delivering success to clients and supporting their marketing efforts through creativity and innovation.

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