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• CRO Program : Best Practices and KPIs to Track [2024]

  8 mai 2024, par Erin

  Driving traffic to your website is only one part of the equation ; the second part is getting those visitors to convert by completing a desired action — creating an account, signing up for a newsletter or completing a purchase. 

  But if you fail to optimise your website for conversions, you’ll have a hard time guiding visitors further down the funnel and turning them into customers.

  That’s where a CRO program (or conversion rate optimisation) can help. 

  This article will cover conversion rate optimisation best practices and outline key metrics and KPIs to start tracking to see an improvement in your conversion rates.

  What is a CRO program ? 

  In the simplest terms, a CRO program — also called a CRO plan — is a digital marketing strategy. It focuses on implementing different tactics that can lead to an increase in conversion rate and maximising revenue. 

  

  One thing to remember is that the definition of “conversion” varies from business to business. The most obvious type of conversion would be a financial transaction or a completed form — but it comes down to what you consider a valuable action. 

  Many different actions can count as conversions, depending on your marketing goals. 

  Besides making a purchase, other common examples of key conversion moments include creating a new account, signing up for a free trial, booking a demo and subscribing to an email newsletter. 

  Another thing worth noting is that while the average conversion rate on e-commerce websites is 3.76%, it might fluctuate across different industries and device types. Case in point — desktop devices have higher conversion rates than mobile devices, clocking in at 4.79% and 3.32%, respectively. 

  So, in addition to defining your key conversion moments, you should also go over conversion insights relevant to your specific industry. 

  

  The importance of conversion rate optimisation 

  You’d be right to assume that the ultimate goal of a conversion rate optimisation process is to drive revenue through higher conversion rates — but don’t focus solely on the numbers. The core principle of a CRO program is improving the customer experience. Once you’ve achieved that, the increase in conversion rate will follow. 

  

  According to a recent report, global conversion rate optimisation (CRO) software sales are expected to reach $3.7 billion by 2032 — up from $1.1 billion in 2021. 

  This growth indicates the increasing interest in strategies and tools that can help optimise the conversion funnel. Businesses are looking for ways to keep potential customers engaged and improve the average conversion rate — without necessarily increasing their spending. 

  Here are a few reasons why a CRO program deserves a spot in your broader digital marketing strategies : 

  • It can lower your cost per acquisition (CPA) : A CRO program is about optimising your conversion funnel by leveraging existing assets and website traffic rather than increasing your spending — which lowers the costs of acquiring new customers and, in turn, drives ROI. 
  • It can maximise customer lifetime value (CLV) : If you can turn one-time buyers into repeat customers, you’ll be one step closer to building a loyal user base and increasing your CLV. 
  • It can lead to increased sales and boost your revenue : Higher conversion rates typically mean higher revenue ; that’s arguably the most obvious benefit of implementing a CRO program. 
  • It improves the overall user experience : The goal is to make your site more accessible, easier to navigate and more engaging. Delivering the experience people want — and expect — when navigating your website is one of the core principles of a CRO program.
  • It helps you to get to know your customers better : You can’t meet your customers’ needs without taking the time to know them, create user personas and understand their preferences, pain points and conversion barriers they may be facing. 

  Conversion optimisation gives you a competitive edge in revenue and brand reputation. 

  5 CRO best practices 

  

  Here are five conversion rate optimisation strategies and best practices that can make a real difference in the customer experience — and drive potential conversions. 

  Create a CRO roadmap in advance 

  First and foremost, you’ll need a well-defined “game plan” that aligns with and reflects your conversion goals. 

  A CRO roadmap is a detailed manual that outlines how to implement different elements of your CRO-related efforts. Marketing teams can refer to this step-by-step framework for test planning, prioritisation and resource allocation while optimising their marketing strategy. 

  While conversion rate optimisation can be a complex process — especially when you don’t know what to tackle first — we’ve found that there are three things you need to consider when setting the foundations of a successful CRO program : 

  • The “why” behind your website traffic : You’re likely using different online marketing strategies — from SEO to pay-per-click (PPC). So, it’s best to start by gathering channel-specific conversion insights through marketing attribution. Then identify which of these efforts have the biggest impact on your target audience. 
  • The so-called “conversion blockers” that tell you where and why visitors tend to leave without completing a desired action : Funnel analysis might reveal problematic pages — drop-off points where you tend to lose most of your visitors. 
  • Your “hooks” : User feedback can be of great help here ; you can learn a lot by simply asking your customers to fill out a quick online survey and tell you what motivated them to take action.

  Before working on that “game plan,” perform a pre-test analysis. 

  Matomo combines web analytics and user behaviour analytics with features like Heatmaps, Session Recordings, Form Analytics, Funnel Analytics, A/B Testing and User Flow. It can give you those initial benchmarks for measuring progress and a potential increase in conversion rate. 

  Validate your ideas with A/B and multivariate testing 

  Conversion rate optimisation is an iterative process. So, it shouldn’t come as a surprise that A/B testing variants of page layouts, CTAs, headlines, copy and other elements is a big part of it.

  Multivariate and A/B testing allows you to test a wide range of elements across your site and identify what works — and, more importantly, what doesn’t — in terms of driving conversions.

  On that note, Matomo’s A/B Testing feature can support your conversion rate optimisation process by identifying variants that perform better based on statistical significance. 

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  Get to know your website visitors 

  Driving conversions comes down to understanding potential customer’s pain points and needs — and delivering an experience that positions you as the solution and gets them to take action. 

  Here are a few things that can help you understand your website visitors better : 

  • Collecting customer feedback through surveys and using it to identify main areas for improvement 
  • Creating detailed customer personas and optimising your website design and messaging based on your target audience’s pain points, needs and wants 
  • Using heatmaps — colour-coded data visualisation tools that illustrate user interactions — and scroll maps to get a comprehensive overview of online sessions and identify the most engaging elements and those that stand out as potential conversion barriers 

  Matomo’s Heatmaps can help you identify the most-clicked elements on the page and show how far users scroll — providing powerful user insights you can use to optimise these pages.

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  Remove friction points 

  As we previously discussed, identifying friction points and barriers to conversion — issues that prevent visitors from converting — is one of the crucial aspects of developing a CRO plan. 

  Many different “conversion blockers” are worth looking into, including : 

  • Lengthy or otherwise complex checkout processes 
  • No guest checkout feature 
  • Device type, browser and OS compatibility issues 
  • Slow site speed and other technical issues
  • Lack of free shipping and limited payment methods 
  • Absence of social proof (customer reviews and testimonials) and trust badges

  Once you’ve identified what’s slowing down or completely discouraging users from reaching key conversion moments, take the time to address it. 

  Switch to text-based CTAs 

  Calls-to-action (CTAs) play a crucial role in guiding customers from interest to action. However, sometimes they fail to do their job — encouraging website visitors to proceed to the next step — effectively. 

  The most obvious reason is that your CTAs aren’t visually engaging or clear enough. In that case, you can try using action-oriented language and stronger visual elements and aligning the CTA copy with the context of the page. 

  But more often than not, the issue comes down to a phenomenon called “banner blindness” — the tendency of website visitors to ignore (either intentionally or unintentionally) elements on a page that resemble banner ads. 

  And if that’s what’s preventing visitors from converting, consider switching to text-based CTAs. 

  Conversion rate optimisation metrics and KPIs 

  At this point, you should know the outcomes you hope to achieve. Your next step should be to figure out how you’re going to measure and analyse results — and identify the changes that made the most impact on your conversion funnel. 

  After all, your CRO action plan should be based on data — assumptions and “gut feelings” will rarely lead to a notable increase in conversion rates. 

  

  That brings us to key performance indicators (KPIs) : 

  Tracking CRO metrics and website KPIs can help you understand the customer’s journey and path to purchase, identify opportunities for improving the user experience (UX) and determine how to optimise conversions.

  That said, you shouldn’t try to track every metric in the book ; think about your ultimate goal and identify the metrics and KPIs most relevant to your business. 

  We’ll assume that you’re already tracking macro- and micro-conversions. However, we’ve outlined a few additional key conversion rate optimisation metrics you should keep an eye on to make sure that your CRO program is performing as intended : 

  • Cost-per-conversion : By measuring how much you spend on each successful conversion — again, completed forms, sign-ups and sales all count as key conversion moments — you’ll be in a better position to assess the cost-effectiveness of your online marketing strategies.
  • Starter rate : This metric tells you the number of people who start filling out the form, after seeing it. This metric is particularly important for companies that rely on getting leads from forms. 
  • Average order value (AOV) : This metric is important for e-commerce sites to understand the value of their transactions. AOV calculates the average monetary value of each order.

  That’s not all ; you can also use a web analytics tool like Matomo to gain granular insights into visitors : 

  • Unique, new and returning visitors : Tracking the number of new and returning visitors your website gets within a given timeframe will help you understand your user base and determine if your content resonates with them. While you want a constant stream of new traffic, don’t overlook the importance of returning visitors ; they’re the foundation of a loyal customer base.
  • User flows : By analysing the user flows, you’ll have a visual representation of how visitors use your website, which will help you understand their journey and the specific path they take. 
  • Bounce rate : This metric tells you how many users viewed a single page on your site and ended up leaving before they took any kind of action. As such, it’s a clear indicator of how good your content, CTAs and website layout are at keeping users engaged.
  • Exit rate : Another key metric to track is the exit rate — the percentage of users who drop off at a specific page. High-exit pages usually lack important information and CTAs, cause frustration or otherwise fail to meet users’ expectations. Keep in mind that there’s a difference between bounce rate and exit rate — the latter involves users who viewed at least one other page. 

  There are many other user engagement metrics you should keep an eye on in addition to the ones mentioned above — including time on-page, actions per visit, scroll depth and traffic source. You’ll find all this information — and more — in Matomo’s Page Analytics Report. 

  Conclusion 

  Implementing a CRO program can be a time-consuming and iterative process. However, it’s vital for guiding your marketing efforts and making data-driven decisions that’ll ultimately help you drive growth and reach your business goals. 

  It’s best to start by identifying where your website visitors come from and what contributes to — or prevents them from — taking further action. But that’s easier said than done. You’ll need to leverage web analytics tools like Matomo to gather powerful user insights and monitor your website’s performance. 

  As an all-in-one, privacy-friendly web analytics solution, Matomo combines traditional web analytics and advanced behavioural analytics — delivering a consistent experience based on 100% accurate, unsampled data.

  Join the 1 million websites that have chosen Matomo as their web analytics platform. Start your 21-day free trial today — and see how Matomo can help you improve your website’s conversion rates. No credit card required.

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• A Guide to GDPR Sensitive Personal Data

  13 mai 2024, par Erin

  The General Data Protection Regulation (GDPR) is one of the world’s most stringent data protection laws. It provides a legal framework for collection and processing of the personal data of EU individuals.

  The GDPR distinguishes between “special categories of personal data” (also referred to as “sensitive”) and other personal data and imposes stricter requirements on collection and processing of sensitive data. Understanding these differences will help your company comply with the requirements and avoid heavy penalties.

  In this article, we’ll explain what personal data is considered “sensitive” according to the GDPR. We’ll also examine how a web analytics solution like Matomo can help you maintain compliance.

  What is sensitive personal data ?

  The following categories of data are treated as sensitive :

  1. 1. Personal data revealing :
        • Racial or ethnic origin ;
        • Political opinions ;
        • Religious or philosophical beliefs ;
        • Trade union membership ;
     2. Genetic and biometric data ;
     3. Data concerning a person’s :
        • Health ; or
        • Sex life or sexual orientation.

  

  Sensitive vs. non-sensitive personal data : What’s the difference ?

  While both categories include information about an individual, sensitive data is seen as more private, or requiring a greater protection. 

  Sensitive data often carries a higher degree of risk and harm to the data subject, if the data is exposed. For example, a data breach exposing health records could lead to discrimination for the individuals involved. An insurance company could use the information to increase premiums or deny coverage. 

  In contrast, personal data like name or gender is considered less sensitive because it doesn’t carry the same degree of harm as sensitive data. 

  Unauthorised access to someone’s name alone is less likely to harm them or infringe on their fundamental rights and freedoms than an unauthorised access to their health records or biometric data. Note that financial information (e.g. credit card details) does not fall into the special categories of data.

  

  Legality of processing

  Under the GDPR, both sensitive and nonsensitive personal data are protected. However, the rules and conditions for processing sensitive data are more stringent.

  Article 6 deals with processing of non-sensitive data and it states that processing is lawful if one of the six lawful bases for processing applies. 

  In contrast, Art. 9 of the GDPR states that processing of sensitive data is prohibited as a rule, but provides ten exceptions. 

  It is important to note that the lawful bases in Art. 6 are not the same as exceptions in Art. 9. For example, while performance of a contract or legitimate interest of the controller are a lawful basis for processing non-sensitive personal data, they are not included as an exception in Art. 9. What follows is that controllers are not permitted to process sensitive data on the basis of contract or legitimate interest. 

  The exceptions where processing of sensitive personal data is permitted (subject to additional requirements) are : 

  • Explicit consent : The individual has given explicit consent to processing their sensitive personal data for specified purpose(s), except where an EU member state prohibits such consent. See below for more information about explicit consent. 
  • Employment, social security or social protection : Processing sensitive data is necessary to perform tasks under employment, social security or social protection law.
  • Vital interests : Processing sensitive data is necessary to protect the interests of a data subject or if the individual is physically or legally incapable of consenting. 
  • Non-for-profit bodies : Foundations, associations or nonprofits with a political, philosophical, religious or trade union aim may process the sensitive data of their members or those they are in regular contact with, in connection with their purposes (and no disclosure of the data is permitted outside the organisation, without the data subject’s consent).
  • Made public : In some cases, it may be permissible to process the sensitive data of a data subject if the individual has already made it public and accessible. 
  • Legal claims : Processing sensitive data is necessary to establish, exercise or defend legal claims, including legal or in court proceedings.
  • Public interest : Processing is necessary for reasons of substantial public interest, like preventing unlawful acts or protecting the public.
  • Health or social care : Processing special category data is necessary for : preventative or occupational medicine, providing health and social care, medical diagnosis or managing healthcare systems.
  • Public health : It is permissible to process sensitive data for public health reasons, like protecting against cross-border threats to health or ensuring the safety of medicinal products or medical devices. 
  • Archiving, research and statistics : You may process sensitive data if it’s done for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes.

  In addition, you must adhere to all data handling requirements set by the GDPR.

  Important : Note that for any data sent that you are processing, you always need to identify a lawful basis under Art. 6. In addition, if the data sent contains sensitive data, you must comply with Art. 9.

  Explicit consent

  While consent is a valid lawful basis for processing non-sensitive personal data, controllers are permitted to process sensitive data only with an “explicit consent” of the data subject.

  The GDPR does not define “explicit” consent, but it is accepted that it must meet all Art. 7 conditions for consent, at a higher threshold. To be “explicit” a consent requires a clear statement (oral or written) of the data subject. Consent inferred from the data subject’s actions does not meet the threshold. 

  The controller must retain records of the explicit consent and provide appropriate consent withdrawal method to allow the data subject to exercise their rights.

  Examples of compliant and non-compliant sensitive data processing

  Here are examples of when you can and can’t process sensitive data :

  • When you can process sensitive data : A doctor logs sensitive data about a patient, including their name, symptoms and medicine prescribed. The hospital can process this data to provide appropriate medical care to their patients. An IoT device and software manufacturer processes their customers’ health data based on explicit consent of each customer. 
  • When you can’t process sensitive data : One example is when you don’t have explicit consent from a data subject. Another is when there’s no lawful basis for processing it or you are collecting personal data you simply do not need. For example, you don’t need your customer’s ethnic origin to fulfil an online order.

  Other implications of processing sensitive data

  If you process sensitive data, especially on a large scale, GDPR imposes additional requirements, such as having Data Privacy Impact Assessments, appointing Data Protection Officers and EU Representatives, if you are a controller based outside the EU.

  Penalties for GDPR non-compliance

  Mishandling sensitive data (or processing it when you’re not allowed to) can result in huge penalties. There are two tiers of GDPR fines :

  • €10 million or 2% of a company’s annual revenue for less severe infringements
  • €20 million or 4% of a company’s annual revenue for more severe infringements

  In the first half of 2023 alone, fines imposed in the EU due to GDPR violations exceeded €1.6 billion, up from €73 million in 2019.

  Examples of high-profile violations in the last few years include :

  • Amazon : The Luxembourg National Commission fined the retail giant with a massive $887 million fine in 2021 for not processing personal data per the GDPR. 
  • Google : The National Data Protection Commission (CNIL) fined Google €50 million for not getting proper consent to display personalised ads.
  • H&M : The Hamburg Commissioner for Data Protection and Freedom of Information hit the multinational clothing company with a €35.3 million fine in 2020 for unlawfully gathering and storing employees’ data in its service centre.

  One of the criteria that affects the severity of a fine is “data category” — the type of personal data being processed. Companies need to take extra precautions with sensitive data, or they risk receiving more severe penalties.

  What’s more, GDPR violations can negatively affect your brand’s reputation and cause you to lose business opportunities from consumers concerned about your data practices. 76% of consumers indicated they wouldn’t buy from companies they don’t trust with their personal data.

  Organisations should lay out their data practices in simple terms and make this information easily accessible so customers know how their data is being handled.

  Get started with GDPR-compliant web analytics

  The GDPR offers a framework for securing and protecting personal data. But it also distinguishes between sensitive and non-sensitive data. Understanding these differences and applying the lawful basis for processing this data type will help ensure compliance.

  Looking for a GDPR-compliant web analytics solution ?

  At Matomo, we take data privacy seriously. 

  Our platform ensures 100% data ownership, putting you in complete control of your data. Unlike other web analytics solutions, your data remains solely yours and isn’t sold or auctioned off to advertisers. 

  Additionally, with Matomo, you can be confident in the accuracy of the insights you receive, as we provide reliable, unsampled data.

  Matomo also fully complies with GDPR and other data privacy laws like CCPA, LGPD and more.

  Start your 21-day free trial today ; no credit card required. 

  Disclaimer

  We are not lawyers and don’t claim to be. The information provided here is to help give an introduction to GDPR. We encourage every business and website to take data privacy seriously and discuss these issues with your lawyer if you have any concerns.

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• OCPA, FDBR and TDPSA – What you need to know about the US’s new privacy laws

  22 juillet 2024, par Daniel Crough

  On July 1, 2024, new privacy laws took effect in Florida, Oregon, and Texas. People in these states now have more control over their personal data, signaling a shift in privacy policy in the United States. Here’s what you need to know about these laws and how privacy-focused analytics can help your business stay compliant.

  Consumer rights are front and centre across all three laws

  The Florida Digital Bill of Rights (FDBR), Oregon Consumer Privacy Act (OCPA), and Texas Data Privacy and Security Act (TDPSA) grant consumers similar rights.

  Access : Consumers can access their personal data held by businesses.

  Correction : Consumers can correct inaccurate data.

  Deletion : Consumers may request data deletion.

  Opt-Out : Consumers can opt-out of the sale of their personal data and targeted advertising.

  Oregon Consumer Privacy Act (OCPA)

  The Oregon Consumer Privacy Act (OCPA), signed into law on June 23, 2023, and effective as of July 1, 2024, grants Oregonians new rights regarding their personal data and imposes obligations on businesses. Starting July 1, 2025, authorities will enforce provisions that require data protection assessments, and businesses must recognize universal opt-out mechanisms by January 1, 2026. In Oregon, the OCPA applies to business that :

  • Either conduct business in Oregon or offer products and services to Oregon residents

  • Control or process the personal data of 100,000 consumers or more, or

  • Control or process the data of 25,000 or more consumers while receiving over 25% of their gross revenues from selling personal data.

  Exemptions include public bodies like state and local governments, financial institutions, and insurers that operate under specific financial regulations. The law also excludes protected health information covered by HIPAA and other specific federal regulations.

  Business obligations

  Data Protection Assessments : Businesses must conduct data protection assessments for high-risk processing activities, such as those involving sensitive data or targeting children.

  Consent for Sensitive Data : Businesses must secure explicit consent before collecting, processing, or selling sensitive personal data, such as racial or ethnic origin, religious beliefs, health information, biometric data, and geolocation.

  Universal Opt-out : Starting January 1, 2025, businesses must acknowledge universal opt-out mechanisms, like the Global Privacy Control, that allow consumers to opt out of data collection and processing activities.

  Enforcement

  The Oregon Attorney General can issue fines up to $7,500 per violation. There is no private right of action.

  Unique characteristics of the OCPA

  The OCPA differs from other state privacy laws by requiring affirmative opt-in consent for processing sensitive and children’s data, and by including nonprofit organisations under its scope. It also requires global browser opt-out mechanisms starting in 2026.

  Florida Digital Bill of Rights (FDBR)

  The Florida Digital Bill of Rights (FDBR) became law on June 6, 2023, and it came into effect on July 1, 2024. This law targets businesses with substantial operations or revenues tied to digital activities and seeks to protect the personal data of Florida residents by granting them greater control over their information and imposing stricter obligations on businesses. It applies to entities that :

  • Conduct business in Florida or provide products or services targeting Florida residents,

  • Have annual global gross revenues exceeding $1 billion,

  • Receive 50% or more of their revenues from digital advertising or operate significant digital platforms such as app stores or smart speakers with virtual assistants.

  Exemptions include governmental entities, nonprofits, financial institutions covered by the Gramm-Leach-Bliley Act, and entities covered by HIPAA.

  Business obligations

  Data Security Measures : Companies are required to implement reasonable data security measures to protect personal data from unauthorised access and breaches.

  Handling Sensitive Data : Explicit consent is required for processing sensitive data, which includes information like racial or ethnic origin, religious beliefs, and biometric data.

  Non-Discrimination : Entities must ensure they do not discriminate against consumers who exercise their privacy rights.

  Data Minimisation : Businesses must collect only necessary data.

  Vendor Management : Businesses must ensure that their processors and vendors also comply with the FDBR, regarding the secure handling and processing of personal data.

  Enforcement

  The Florida Attorney General can impose fines of up to $50,000 per violation, with higher penalties for intentional breaches.

  Unique characteristics of the FDBR

  Unlike broader privacy laws such as the California Consumer Privacy Act (CCPA), which apply to a wider range of businesses based on lower revenue thresholds and the volume of data processed, the FDBR distinguishes itself by targeting large-scale businesses with substantial revenues from digital advertising. The FDBR also emphasises specific consumer rights related to modern digital interactions, reflecting the evolving landscape of online privacy concerns.

  Texas Data Privacy and Security Act (TDPSA)

  The Texas Data Privacy and Security Act (TDPSA), signed into law on June 16, 2023, and effective as of July 1, 2024, enhances data protection for Texas residents. The TDPSA applies to entities that :

  • Conduct business in Texas or offer products or services to Texas residents.

  • Engage in processing or selling personal data.

  • Do not fall under the classification of small businesses according to the U.S. Small Business Administration’s criteria, which usually involve employee numbers or average annual receipts. 

  The law excludes state agencies, political subdivisions, financial institutions compliant with the Gramm-Leach-Bliley Act, and entities compliant with HIPAA.

  Business obligations

  Data Protection Assessments : Businesses must conduct data protection assessments for processing activities that pose a heightened risk of harm to consumers, such as processing for targeted advertising, selling personal data, or profiling.

  Consent for Sensitive Data : Businesses must get explicit consent before collecting, processing, or selling sensitive personal data, such as racial or ethnic origin, religious beliefs, health information, biometric data, and geolocation.

  Companies must have adequate data security practices based on the personal information they handle.

  Data Subject Access Requests (DSARs) : Businesses must respond to consumer requests regarding their personal data (e.g., access, correction, deletion) without undue delay, but no later than 45 days after receipt of the request.

  Sale of Data : If businesses sell personal data, they must disclose these practices to consumers and provide them with an option to opt out.

  Universal Opt-Out Compliance : Starting January 1, 2025, businesses must recognise universal opt-out mechanisms like the Global Privacy Control, enabling consumers to opt out of data collection and processing activities.

  Enforcement

  The Texas Attorney General can impose fines up to $25,000 per violation. There is no private right of action.

  Unique characteristics of the TDPSA

  The TDPSA stands out for its small business carve-out, lack of specific thresholds based on revenue or data volume, and requirements for recognising universal opt-out mechanisms starting in 2025. It also mandates consent for processing sensitive data and includes specific measures for data protection assessments and privacy notices.

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  Privacy notices across Florida, Oregon, and Texas

  All three laws include a mandate for privacy notices, though there are subtle variations in their specific requirements. Here’s a breakdown of these differences :

  FDBR privacy notice requirements

  Clarity : Privacy notices must clearly explain the collection and use of personal data.

  Disclosure : Notices must inform consumers about their rights, including the right to access, correct, delete their data, and opt-out of data sales and targeted advertising.

  Specificity : Businesses must disclose if they sell personal data or use it for targeted advertising.

  Security Practices : The notice should describe the data security measures in place.

  OCPA privacy notice requirements

  Comprehensive Information : Notices must provide information about the personal data collected, the purposes for processing, and any third parties that can access it.

  Consumer Rights : Must plainly outline consumers’ rights to access, correct, delete their data, and opt-out of data sales, targeted advertising, and profiling.

  Sensitive Data : To process sensitive data, businesses or entities must get explicit consent and communicate it.

  Universal Opt-Out : Starting January 1, 2026, businesses must recognise and honour universal opt-out mechanisms.

  TDPSA privacy notice requirements

  Detailed Notices : Must provide clear and detailed information about data collection practices, including the data collected and the purposes for its use.

  Consumer Rights : Must inform consumers of their rights to access, correct, delete their data, and opt-out of data sales and targeted advertising.

  High-Risk Processing : Notices should include information about any high-risk processing activities and the safeguards in place.

  Sensitive Data : To process sensitive data, entities and businesses must get explicit consent.

  What these laws mean for your businesses

  Businesses operating in Florida, Oregon, and Texas must now comply with these new data privacy laws. Here’s what you can do to avoid fines :

  1. Understand the Laws : Familiarise yourself with the specific requirements of the FDBR, OCPA, and TDPSA, including consumer rights and business obligations.

  2. Implement Data Protection Measures : Ensure you have robust data security measures in place. This includes conducting regular data protection assessments, especially for high-risk processing activities.

  3. Update Privacy Policies : Provide clear and comprehensive privacy notices that inform consumers about their rights and how their data is processed.

  4. Obtain Explicit Consent : For sensitive data, make sure you get explicit consent from consumers. This includes information like health, race, sexual orientation, and more.

  5. Manage Requests Efficiently : Be prepared to handle requests from consumers to access, correct, delete their data, and opt-out of data sales and targeted advertising within the stipulated timeframes.

  6. Recognise Opt-Out Mechanisms : For Oregon, businesses must be ready to implement and recognise universal opt-out mechanisms by January 1, 2026. In Texas, opt-out enforcement begins in 2026. In Florida, the specific opt-out provisions began on July 1, 2024.

  7. Stay Updated : Keep abreast of any changes or updates to these laws to ensure ongoing compliance. Keep an eye on the Matomo blog or sign up for our newsletter to stay in the know.

  Are we headed towards a more privacy-focused future in the United States ?

  Florida, Oregon, and Texas are joining states like California, Virginia, Colorado, Connecticut, Utah, Iowa, Indiana, Tennessee, and Montana in strengthening consumer privacy protections. This trend could signify a shift in US policy towards a more privacy-focused internet, underlining the importance of consumer data rights and transparent business practices. Even if these laws do not apply to your business, considering updates to your data and privacy policies is wise. Fortunately, there are tools and solutions designed for privacy and compliance to help you navigate these changes.

  Avoid fines and get better data with Matomo

  Most analytics tools don’t prioritize safeguarding user data. At Matomo, we believe everyone has the right to data sovereignty, privacy and amazing analytics. Matomo offers a solution that meets privacy regulations while delivering incredible insights. With Matomo, you get :

  100% Data Ownership : Keep full control over your data, ensuring it is used according to your privacy policies.

  Privacy Protection : Built with privacy in mind, Matomo helps businesses comply with privacy laws.

  Powerful Features : Gain insights with tools like heatmaps, session recordings, and A/B testing.

  Open Source : Matomo’s is open-source and committed to transparency and customisation.

  Flexibility : Choose to host Matomo on your servers or in the cloud for added security.

  No Data Sampling : Ensure accurate and complete insights without data sampling.

  Privacy Compliance : Easily meet GDPR and other requirements, with data stored securely and never sold or shared.

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  Disclaimer : This content is provided for informational purposes only and is not intended as legal advice. While we strive to ensure the accuracy and timeliness of the information provided, the laws and regulations surrounding privacy are complex and subject to change. We recommend consulting with a qualified legal professional to address specific legal issues related to your circumstances.