Dear Data & Marketing Association Colleagues,

The ability to safely and responsibly use consumer data is essential to modern marketing. The use of data and marketing has fueled the modern digital economy, and powers many of the businesses we all know and love today.

At the Data & Marketing Association, we watch for developments which threaten the ethical practice of data-driven marketing. Today, I’m writing to let you know about a proposed ballot initiative entitled the “California Consumer Privacy Act of 2018,” which is currently being circulated for signatures in California. If successful, this proposal would:

  • Create significant new legal liabilities for companies doing business in California involved in a data breach (penalties start at $1,000 per violation, per person, and the proposal eliminates any need to prove harm)
  • Greatly expand the definition of personal information
  • Require businesses to prominently display an opt-out link which reads “DO NOT SELL MY PERSONAL INFORMATION”

As part of our role as a steward of the data and marketing industry, we are keeping a close watch on this initiative to determine the best course of action.

Next week, DMA will host a conference call to discuss the initiative. The Advocacy team will provide an overview and take your questions regarding this proposal. Register for the call, or feel free to forward this message to your company’s legal or policy team. Please contact DMA’s VP of Advocacy Chris Oswald with any questions.

Thank you for your continued support of the data and marketing industry!

Tom Benton,
CEO, Data & Marketing Association