More Rules and Regulations for Content Marketers

So, content marketers, let’s talk about the regulatory environment more broadly, because one thing is for certain: the web, as wild and woolly as online discourse may be, is no longer the Wild West. Online marketing is now being held to a much higher standard.

content marketers

Privacy protection, accessibility, and copyright —  oh, my!

Last time around, we talked about data privacy regulations as they apply to non-transactional sites. As confusing a landscape as those regulations currently present, they’re not the only regulations with which you need to be aware and compliant.

So, let’s talk about the regulatory environment more broadly, because one thing is for certain: the web, as wild and woolly as online discourse may be, is no longer the Wild West. Online marketing is now being held to a much higher standard than it has been, so you’ll want to be sure you have a plan in place to build your site by the book and to remain compliant. Otherwise, you risk spending more time talking to lawyers than to prospects.

Accessibility

If you built your website without accessibility in mind, chances are you’re not going to be happy when your website developers tell you what it’s going to cost to make it compliant. In many cases, it can make more sense to start from scratch, given the investment involved.

On the plus side, the cost to design and build a new website with compliance in mind is only incrementally greater than building that same site without WCAG Level AA compliance as your goal.

There is some extra work to be done, but for the most part, compliance requires a change in mindset for designers and some slightly different coding tactics for the dev team. Once that’s in place, it’s really only a matter of making sure new content additions are made in a compliant manner. (Image alt tags must be included, for example.)

You’ll want to include an accessibility statement on your site that includes a way for visitors who are having trouble consuming your content to contact you and seek remediation.

Privacy and Data Protection

As we’ve discussed, you need a privacy policy and you need to abide by it. If you haven’t told people that you’re planning on selling their email addresses to the highest bidder, you probably can’t. (Regulations differ by jurisdiction and industry; check with a lawyer.)

Once you have a collection of data, you need to take steps to keep that data safe, both in storage and in any transmittal or other use. Again, your industry may have specific compliance standards that you have to meet, and you may need to document the protections you’ve put in place.

Copyright

If you don’t own it, don’t publish it. This should be obvious, but often marketers make mistakes that can be costly.

Images are the most common area where errors occur. Doing a web search and then publishing any old image you find is a recipe for disaster. Going through a respected stock image library and paying for the images you use is the safest approach.

If you’d prefer not to go that route, you can use the Google Advanced Image Search tool. It is an excellent way to search for images to use in your digital marketing if you filter to include only those that are “free to use, share, or modify, even commercially.”

Don’t even think about trying to use an image from a stock image library without licensing it. They can and will find you. They can and will demand payment, usually well beyond what the initial license would have cost. (Also worth noting is that technically, for most stock image libraries, any image you use should be licensed under your firm’s name rather than by your design agency. That approach is also just smart business, because you may not always be working with that design team.)

When copy is purloined, it’s even easier to track down. Even if you get away with it, the search engines may very well penalize you for publishing duplicate content. There are other ways to get on the search engines’ bad sides, so be careful if you’re republishing content from other sources, even if it’s content that you have the right to republish.

Finally, think twice before stealing code. It’s an open source world, but that doesn’t mean you’re free to take and use anything you find in your travels. At the very least, attribution may be required. Most code libraries, snippets, etc., may require license fees — regardless of how they’re used. Some require payment only if you want updates or support. This can be harder for marketers to police, so be sure to have a regularly scheduled review with your dev team.

Spend Time on This

These regulations — and whatever may be coming down the pike in the future — make investing in digital expertise ever more important. Your team needs the time and mandate to stay on top of what regulations apply to your business and best practices for remaining compliant.

Author: Andrew Schulkind

Since 1996, Andrew Schulkind has asked clients one simple question: what does digital marketing success look like, and how can marketing progress be measured?

A veteran content marketer, web developer, and digital strategist, Andrew founded Andigo New Media to help firms encourage audience engagement through solid information architecture, a great user experience, and compelling content. A dash of common sense doesn’t hurt, either.

His work touches social media, search-engine optimization, and email marketing, among other components, and he has presented at Social Media Week NY and WordCampNYC, among other events. His writing appears in various online and print publications. 

Andrew graduated with a B.A. in Philosophy from Bucknell University. He engages in a range of community volunteer work and is an avid fly fisherman and cyclist. He also loves collecting meaningless trivia. (Did you know the Lone Ranger made his mask from the cloth of his brother's vest after his brother was killed by "the bad guys?")

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