Digital privacy and compliance are no longer optional. They are fundamental requirements for any web development, agency, or tech supplier. The consequences of ignoring these responsibilities are dire – not just in terms of hefty fines but in risking the criminalization of our clients. In the EU, under GDPR and ePrivacy Directive, and in California, under the Privacy Intrusion Law, even small business owners are now facing severe penalties for non-compliance.
The Elephant in the Room
It’s time we acknowledge the elephant in the room: If developers, agencies, and suppliers do not keep up with legal requirements and fail to protect their customers, they will be criminalized. Our commitment to compliance reflects our dedication to ethical practices. Ignoring privacy laws can lead to severe fines, loss of customer trust, and even criminal charges for our clients. We cannot allow this to continue.
Join the Movement to Protect Our Clients
We call on all web developers, digital agencies, and tech suppliers to take immediate and proactive steps to ensure compliance with data privacy laws. Our role is to enforce privacy measures, not as an option, but as an essential duty. Here’s what we must do:
- Commit to Transparency: Ensure all data collection points are clearly communicated to users, with explicit, active site-based or opt-in mechanisms.
- Prioritize First-Party Data: Collect data directly from users to improve data quality and simplify compliance. Sites with first-party data and more simple consent experience have a higher data collection ratio than third-party based solutions which are not just rejected, but also blocked by users actively installing blockers.
- Minimize or Eliminate Third-Party Cookies: Transition away from relying on third-party cookies, which often lead to privacy risks and non-compliance issues. Ensure that any necessary third-party cookies are deployed only after obtaining clear, informed consent from users.
- Avoid Pixel Trackers and Beacons: Do not use pixel trackers and beacons (JavaScript that accesses the user's device) that could infringe on user privacy without explicit consent.
- Embrace Privacy by Design: Integrate privacy considerations into every aspect of your development workflow from the start. Consider integrating the consent experience with opt-in consent as an organic part of the user experience, by only exposing the user to consent requests when needed.
- Ensure Compliance at Handover: Before handing over a project, use a real-time privacy scanner tool to thoroughly check and ensure that the client’s site is fully compliant with all relevant privacy regulations. This proactive step guarantees that any non-compliant elements, such as unauthorized cookies or trackers, are identified and resolved, providing your clients with a site that is both secure and compliant from day one.
- Conduct Continuous Privacy Audits: Regularly review and update privacy measures to comply with evolving regulations. Consider using Privacy Monitoring services to actively monitor your clients' sites.
- Educate & Advocate: Stay informed about data privacy laws and conduct regular training sessions for your team and clients to enable compliance.
Taking Responsibility
At AesirX, we believe in the basic right to data privacy. Staying compliant isn't just about avoiding fines – it's about ethical stewardship of our clients' digital presence. By meeting our legal obligations, we protect our clients and uphold the highest standards of trust and integrity.
Protecting Your Clients from Criminalization
The moral obligation is clear: We must not allow our clients to become victims of non-compliance. It is our responsibility to equip them with the tools and knowledge they need to stay safe from legal repercussions. Ignorance is no longer an excuse; we must lead by example and ensure our clients are compliant and protected.
Ronni K. Gothard Christiansen // VikingTechGuy
Creator, AesirX.io
About AesirX Privacy Scanner:
The AesirX Privacy Scanner is a powerful tool designed to ensure that websites comply with the stringent requirements of the ePrivacy Directive and GDPR. Using the EU's EDPS (European Data Protection Supervisor) Inspection Tool, AesirX Privacy Scanner thoroughly scans websites to identify non-compliant elements, including cookies, trackers, and beacons.
