We don’t blame anyone if the phrase “social Media Compliance” makes you nervous. Compliance is a tricky issue for anyone in any position. It’s especially difficult in marketing because so much of what we do is scrutinized and made public.
This guide will explain what social media compliance and risk means. We will also share tools and examples to help social marketers stay compliant.
Bonus: Download a customizable template for a social media policy to create guidelines quickly and easily for your employees and company.
What is social media compliance (SMC)?
Following the rules is compliance. In practice, however, it is not always easy to ensure social media compliance.
Social media compliance is the act of following legal and regulatory guidelines when using social networks. They include privacy issues, advertising, content moderating, intellectual property rights and disclosure requirements.
Businesses can avoid legal problems and reputational damage by following compliance guidelines.
Common social media compliance risks
Many common compliance risks can be mitigated by regulations. They may vary depending on the industry or location, but they generally fall into these categories.
Privacy and security of data
Social media platforms gather a large amount of data about users. These data are used by businesses for marketing and advertising.
Businesses must adhere to the laws governing data privacy. This includes obtaining the appropriate consent and securing data against unauthorized access.
The following are important data protection laws grouped by regions:
USA: CAN-SPAM; California Consumer Privacy Act (CCPA); Children’s Online Privacy Protection Act(COPPA); Canada: Canada’s Anti-Spam Legislation, CASL; Europe: General Data Protection Regulations (GDPR); Global: Cross Border Privacy Rules Declaration
Here are some general principles to save you the trouble of reading the details of every regulation:
Notify users before collecting or storing personal data. Ensure that personal data of users is used responsibly.
These guidelines are general in nature, but the confidentiality requirements may be more specific depending on the industry. For example, marketing educational institutions requires that you follow the Family Educational Rights and privacy Act (FERPA), and the Protection of Pupil Rights Amendment.
Advertising regulations
When using social media for business promotion, marketers must adhere to ad regulations. It is important to disclose sponsored content, and ensure that all advertisements are truthful. You could face fines or legal action if you don’t.
Social media posts in the US are regulated by organizations such as the Food and Drug Administration and Federal Trade Commission. The FDA monitors food, beverage and supplement claims. The FTC examines testimonials and endorsements, especially from social media influencers.
If you recommend or endorse products or services on social media, there is stuff you should know, start here: https://t.co/QVhkQbvxCy https://t.co/HBM7x3s1bZ
FTC (@FTC), May 10, 2022
Financial Services in the US are monitored by the Financial Industry Regulatory Authority, or FINRA. FINRA states that all social media posts and other communications must be “fair, complete and balanced.”
The Advertising Standards Authority (ASA), a UK-based agency, monitors all social media advertising. The rules of the Advertising Standards Authority are pretty straightforward. The ASA states that “it must be clear to consumers, before… they engage with a social network post, if it is advertising.” Since the year 2021, they have publicly listed influencers that failed to disclose their paid posts.
Content moderating
Community guidelines are available on all social media platforms. Each business must agree to these guidelines when creating an account. This means that marketers must adhere to these guidelines when posting on social media.
If you violate the content guidelines of a platform, there are serious risks. Your post may be removed and your account banned by the platform.
Sweetleaf Collective is a cannabis company that experienced it first-hand. Meta closed their account because it promoted the sale of marijuana products.
Intellectual Property Rights
When posting online, marketers must respect the intellectual property rights of their content.
Any other content that was created by another person can also be considered copyrighted. Images, videos, music, quotes, and more can all be included. Do not use this content without permission. You could be liable for legal action if you use this content without permission.
Memes can be a grey area in terms of intellectual property. Both a meme’s original material and the meme itself can be trademarked or copyrighted.
Check the owner of the meme materials to ensure you don’t take any risks. You should purchase the rights to the photo before you post it. It’s easier to use an image that is licensed under a Creative Commons license.
Employee Conduct
Employees who use social media for their employers can reap many benefits. There are increased risks.
All employees must be aware of their legal and regulatory obligations. It is particularly important to comply with regulations relating to advertising, privacy and confidentiality.
All healthcare workers are governed by the Health Insurance Portability and Accountability Act. HIPAA generally prohibits the posting of any personal health information about patients. HIPAA violations can be as easy as sharing a social media post without consent.
Financial penalties can be imposed for employee misconduct on social media. Ask MassMutual – a financial and life insurance company. The company was fined $4 million for failing to identify an employee responsible for the GameStop stock mania. The company was also required to review their social media policy.
A social media policy for employees is the best way to prevent employee misconduct risks (read more below).
Stay compliant with social media
Understand the rules and regulations that apply to your industry
What is the first step in staying compliant with social media? Find out the specific rules and regulations that apply to your industry.
Your company may have compliance experts on staff if you work in an industry that is regulated. If you have any questions about social media, they should be the first place to go.
It can take more time to publish. Involving your compliance team into your approval process will reduce your risks.
Show your compliance team how you create content if per-post approvals are not required. They can then identify any risks and tell you when to consult them.
2. Social media accounts: Control the access
It’s a good idea to limit access to your account to control your content. This is also a good way to reduce the risk of non-compliance.
Many social media tools, such as Hootsuite, allow you to grant different levels of access for each type of user. This allows you to only grant the permissions that are necessary. These permissions have several benefits for compliance:
Prevent unauthorised access to confidential data (personal information, financial information and intellectual property). Unauthorized access can cause security incidents. This can lead to legal or financial liability. Ensure all content is truthful and accurate. It is especially important in regulated industries where the consequences of false information are severe.
3. Check your account balance
Compliance is dependent on your monitoring of social media engagements and posts. You can identify issues before they escalate.
Brands who work with affiliates or external salespeople should be on the lookout for any inappropriate claims. In these cases, the Direct Selling Self-Regulatory Council is responsible for handling claims. The brand Tastefully Simple was held accountable when sellers of the meal kit brand Tastefully Simple posted false income claims on Facebook.
Social media monitoring is crucial in regulated industries. In certain industries, marketers are required to respond to comments in a specific time frame. Some industries require marketers to respond to comments within a certain time frame.
Protecting confidential information is essential when you use social media to provide customer service. Direct messages are the best way to get sensitive information from companies via social media. Never encourage customers to share personal information on social media.
4. Archives of everything
All communications via social media must be archived in industries governed by regulations. This means that you should keep detailed records about your social media activities. These records should include ads, posts, and user generated content. This helps you to prove compliance if there is a social audit or investigation.
This can seem daunting. There are tools that can automate and ease the process of archiving. They can create a searchable data base, classify content and preserve messages within their context. Scroll down to the bottom of this article for a list of recommended tools.
5. Create a content library
You’ve done a great job learning the regulations of your industry. How can you ensure that each post is compliant? What if your business isn’t the only one posting or creating content?
Create a library with pre-approved content, which passes all compliance checks. This library can be used by collaborators to share content across social media channels.
IAG, the leading insurance company of Australia and New Zealand built a library of content to be shared with its network. This includes over 18,000 brokers. After the launch of the library, 95% brokers began posting weekly content. These posts received 80% more reach than IAG corporate channel posts.
6. Disclosure of sponsored content
It’s a win-win situation if you work with influencers or brands.
Content creators are required to disclose any “material connections” they have with brands. It includes employment, family and personal relationships, not just financial ones.
Influencer posts should not be misleading. All claims made about your product or service should be true. Brands should ensure that influencers’ posts are compliant with regulations when working with them. The consequences of an influencer breaking any laws could be severe.
7. Regular training is an investment.
Your new employee onboarding should include social media compliance training. Employees who are familiar with rules will be more likely to identify compliance risks.
However, social media platforms and regulations can change with time. Businesses should regularly train their employees on social media compliance.
Your compliance team is up-to-date on the latest developments in regulatory law. Keep your training current by using their information.
8. Create social media compliance policies
It is easy to create a social media policy that will educate your employees. It should explain the importance of compliance and provide tips on how to mitigate risks.
The components of your policy will depend on the industry you are in and the size your business. This could include different types of policies, including:
Social media policy. Social media policy. Include relevant rules and regulations as well as your content approval procedure. Acceptable Use Policy. We have created a guide to help you create a social media strategy. This policy sets expectations about how your fans and followers will interact with your brand. Privacy policy. This policy reduces the risk of public interactions in your social media accounts. Informs users of the internet about how you store and use their data. Many privacy laws mandate that you post a privacy statement on your website. Make sure to address how you store data from social media users specifically.Influencer compliance policy. Create guidelines on disclosure and copywriting for influencers who work with your company. This policy should be shared with influencers in your signed contract.
Social media policy examples
These are examples of social media policies that businesses have implemented.
Social Media Policy: Government of British Columbia
The social media policy of the Government of BC is a comprehensive toolkit. The toolkit includes information on how to use social networks, guidelines and examples.
This policy can be used as an example by other public and government organizations. This is also a good reference for businesses who want to create a social media strategy.
Source: Government of British Columbia
Acceptable Use Policy: Flordis
Flordis, a supplier of natural health products based in Australia, has a page called “Social Media House Rules”. It is available on their website. This page explains how Flordis handles social media interactions and moderation of content.
Source: Flordis
Privacy Policy: US Department of Health and Human Services
The HHS explains in this privacy policy what information it collects and how they handle it.
American Express’s policy on influencer compliance
American Express has an influencer marketing strategy that is detailed. Influencers are required to disclose any rewards they receive in exchange for their content.
Financial institutions must comply with social media regulations
Posting on social media by financial institutions is subject to strict compliance regulations.
The Securities and Exchange Commission (SEC), in the US, monitors social media to detect violations of compliance.
The SEC’s main social media rules are:
Before sharing nonpublic information with the market, businesses should inform investors. Executives and key employees need to be cautious when engaging on social media. Commenting, sharing links, or connecting with specific individuals can be viewed as endorsementsFinancial advisors can’t ask for or pay for reviews from clients. Financial advisors can’t pay for or ask clients to write reviews.
Social media regulations for brokers are covered by the US Financial Industry Regulatory Authority. The US Financial Industry Regulatory Authority (FINRA) has different compliance requirements for interactive and static content.
Static content must be pre-approved to ensure compliance. Interactive content is reviewed after the fact. Both types of social media posts must be archived for at least 3 years.
Financial institutions are regulated by the Financial Conduct Authority in the UK. The FCA’s general position on social media is fairly straightforward. According to the FCA “financial promotion must be… fair, clear, and not misleading.” (source).
Financial institutions are regulated by the Australian Securities and Investments Commission. ASIC recently released a useful information sheet for influencers who are interested in financial matters.
Find out how you can use social media to promote your financial services.
Find out more about Hootsuite Financial Services
Healthcare institutions must comply with social media regulations
HIPAA is a must-know for all marketers when it comes to compliance with healthcare laws. HIPAA principles are useful even if you’re not based in the US.
HIPAA prohibits healthcare providers from sharing protected health information on social media.
PHI includes the following:
Standard identifiers such as name, address and SSN, a patient’s health history, treatment plan, payments for the care provided, and photos that show a patient’s face or name.
HIPAA violations are common and include:
Sharing patient testimonials or case studies without explicit written authorizationSharing workplace photos with patients’ faces or identifying features in the backgroundUsing full names when replying to patients’ reviews or commentsUploading patient emails to create custom audiences on ad-targeting platformsCommunicating with patients via non-HIPAA-compliant solutionsSending appointment reminders with PHI
The maximum fine is $1.5 Million for HIPAA violations.
We’ve got your back. Visit our comprehensive guide to HIPAA compliance and social media.
Find out more about Hootsuite Healthcare
Government institutions must comply with social media regulations
You may have guessed that government institutions are subject to several compliance requirements.
Marketers who work for government agencies should be familiar with the regulations that apply to their jurisdiction. They should then create guidelines that include:
Content. Engagement of citizens. How to interact with citizens, including dealing with harassment and negative interactions onlineRepresentation. Disclaimers. How to identify an account as an official government, political or media profile. When and how to add disclaimers to messages or profiles
Archiving is not a good practice, but a necessity for government institutions. Public access to records is mandated by the US Freedom of Information Act and other laws governing public records. These records include posts from government social media.
FOIA states that government social media accounts cannot block any followers, not even those who are problematic. It also includes personal accounts of politicians if those are used for political purposes.
Use our guide to learn how to effectively use social media in government.
Find out more about Hootsuite’s services for the government and public sector
Seven useful social media compliance tools
Hootsuite
Hootsuite, a social media management platform that is all-in one, helps marketers to stay compliant.
Hootsuite lets you create custom permissions to all users. You can ask for approval from senior staff members or compliance officers to schedule or publish content.
Hootsuite’s content library allows you to create pre-approved content and store it. All content that is posted on your business’s account will be fully compliant.
Hootsuite Amplify allows you to extend your content library approved by your company to all of your employees. You can build a powerful employee advocacy program with no compliance risk.
Hootsuite also integrates with a number of useful social media compliance tools and apps.
Brolly
Brolly is an app that helps you meet compliance needs. Organizations in the government, education, finance, and private sectors use it.
ETracker
AETracker is a real-time event tracking and reporting tool that allows healthcare organizations to track, identify, and report on events.
Social SafeGuard
Social SafeGuard screens all attachments and posts. Posts that are not compliant will be flagged and reviewed. They cannot be posted. This creates an audit trail.
Proofpoint
Proofpoint, when added to Hootsuite flags common violations while you type your posts. You won’t be able to schedule content that has compliance issues. Proofpoint can even explain why content is not compliant.
Smart Moderation
Smart Moderation, an AI tool, monitors and modifies real-time comments from users. The platform detects and deletes unwanted comments automatically. The platform doesn’t need specific keywords or blocklists.
UsefulFeedback Pro and Zendesk Pro
You can convert any social communication into a case in your case management software using these apps. You can resolve any complaints or inquiries from your Hootsuite dashboard.
Hootsuite helps you manage your social media presence more efficiently. You can manage your social media presence from a single dashboard. It allows you to publish and schedule posts. Today, you can try it for free.
Get StartedHootsuite is the best way to grow your social media presence without risk.
Christina Newberry’s files are included.
Hootsuite allows you to manage all of your social media from one location, track ROI and save time.
Book a demo> Social Media Compliance – Everything you need to know in 2023.
Did you miss our previous article…
https://www.affiliatemarketingbuzz.com/how-to-create-short-form-videos-that-stand-out/
The post Social Media Compliance in 2023: All You Need To Know appeared first on Affiliate Marketing Buzz.
from
https://www.affiliatemarketingbuzz.com/social-media-compliance-in-2023-all-you-need-to-know/?utm_source=rss&utm_medium=rss&utm_campaign=social-media-compliance-in-2023-all-you-need-to-know
No comments:
Post a Comment