How to Collect Personal Data Without Getting Fined

In this article, you’ll learn the key privacy rules and practical compliance tips to help you collect and use personal data responsibly.

What Counts as Personal Data

Personal data is any information that can identify an individual, directly or indirectly. Obvious examples include someone’s name, email address, phone number, or mailing address. But it also covers less obvious identifiers such as an IP address, online identifiers like cookies or advertising IDs, device IDs, location data, and browsing behavior.

Personal data can include more sensitive details too — known as special categories of personal data — like biometric data, genetic data, health data, racial and ethnic origin, political opinions, or religious or philosophical beliefs. These require extra protection under many privacy laws.

For example, a list of website visitors with their emails and preferences is personal data. So is tracking someone’s behavior using an online identifier or building a profile based on their location data and browsing history.

Some data may be pseudonymised — for instance, replacing names with unique codes — which helps reduce risk but is still treated as personal data if it can be linked back to someone. Truly anonymised data or fully aggregated information that can’t be traced back to an individual (like “20% of traffic comes from California”) is not considered personal data under most laws.

Business contact information like a generic company email (e.g., info@company.com) is not personal data unless it identifies a specific person (e.g., john.smith@company.com).

Global Overview of Key Data Privacy Regulations

GDPR — European Union

The General Data Protection Regulation (GDPR) is one of the toughest privacy laws in the world. In force since 2018, it applies to any company — anywhere — that processes personal data of people in the EU.

• You must collect data lawfully, fairly, and transparently, for clear purposes only.
• Collect only what you need, keep it secure, and delete it when it’s no longer needed.
• People have strong rights: access, correction, deletion (the “right to be forgotten”), and withdrawal of consent.
• Consent must be explicit — no pre-ticked boxes or hidden opt-ins.

For marketers, this means clear privacy notices, proper cookie consent, easy opt-outs, and secure data handling. Fines are serious: up to €20 million or 4% of global revenue.

CCPA/CPRA — California, USA

California’s CCPA and CPRA are key U.S. privacy laws protecting Californians’ personal data. They apply to many U.S. businesses with California customers — generally those with $25M+ revenue or large data volumes.

• Give people rights to know, delete, and opt out of the sale or sharing of their personal info.
• Require clear privacy notices and a visible “Do Not Sell or Share My Info” link.
• Businesses must honor opt-outs, including browser signals like Global Privacy Control.
• Added rights include correcting data and limiting sensitive info use.

PIPEDA — Canada

In Canada, the main federal privacy law for private businesses is PIPEDA (Personal Information Protection and Electronic Documents Act). It covers most companies unless they operate only in provinces with similar laws like Quebec, Alberta, or BC. If you market to Canadians, you should comply.

• You must get clear, informed consent before collecting, using, or sharing personal information. Use opt-in for marketing.
• Only collect data you actually need. Don’t ask for extra information without a clear reason.
• Have a clear privacy policy and provide people access to their data if requested.
• Keep personal data secure and use service providers who do the same.
• You’re responsible for how data is handled, even by third parties. It’s good practice to appoint a privacy officer.

Other Notable Laws (China, India, Australia, U.S. States, etc.)

In addition to the big players above, many other jurisdictions have introduced privacy laws that marketers should be aware of:

• China’s PIPL (Personal Information Protection Law): [China’s Personal Information Protection Law (PIPL)] has been in effect since 2021. It’s similar to the GDPR: you need consent or another legal basis to collect data, must minimize what you collect, and must allow users to access or delete their data. PIPL has strict rules for sensitive data (like financial details or precise location), which require separate explicit consent. It also requires data localization and security reviews for transferring data abroad. Penalties are tough — fines up to 5% of annual revenue in China and possible criminal charges. If you handle Chinese personal data or market to Chinese users, you must follow PIPL, which may include hosting data in China or passing government security checks for cross-border transfers.

• India’s Digital Personal Data Protection Act (DPDP Act, 2023): India’s new Digital Personal Data Protection Act (DPDP Act, 2023) creates comprehensive rules for handling personal data. It focuses on consent (which can be withdrawn), reasonable use, data security, and user rights to correct or delete data. A Data Protection Board will enforce the law, with fines up to ₹250 crores (about US $30 million) per violation. Companies must post clear privacy notices, get explicit consent, and may have to store some sensitive data in India.The law is rolling out in phases through 2024-2025, so businesses targeting India should get ready to comply.

• Australia’s Privacy Act: Australia’s Privacy Act applies to most businesses earning over $3 million. It requires clear privacy notices, consent for sensitive data, and opt-out options for marketing. Penalties for serious breaches were raised sharply in 2022 — fines can reach $50 million or more. Australia is also considering updates to align more closely with GDPR. Key obligations: keep data secure, allow people to unsubscribe from marketing, get consent for sensitive info, and notify both individuals and the regulator of serious data breaches.

• U.S. State Laws Beyond California: Beyond California, many U.S. states now have their own privacy laws — including Virginia, Colorado, Connecticut, Utah, Texas, Florida, and others. By April 2024, 16 states had passed comprehensive laws, creating a patchwork of similar but slightly different rules. Most laws follow GDPR/CCPA basics: rights to access and delete data, opt out of targeted ads and sales, and opt-in consent for sensitive data like health or location. Some, like Colorado, require honoring universal opt-out signals for cookies. If you comply with GDPR and CCPA, you’re mostly covered, but watch for each state’s specifics. Many companies apply the strictest standard (like California’s) nationwide to simplify compliance. Key tips: update your privacy policy, respect opt-outs, get explicit consent for sensitive data, and ensure your website supports universal opt-out signals. A federal U.S. privacy law may come eventually, but for now, the patchwork remains.

Best Practices for Marketers

• Get valid consent when needed. Not all laws require it every time (e.g., GDPR allows other legal bases; CCPA allows opt-outs). But if you use consent, it must be clear, specific, informed, and freely given — no pre-ticked boxes or hidden terms. Use plain language and separate consent for different purposes (like newsletters vs. data sharing). Make it easy to withdraw consent — always include unsubscribe links and let users update preferences easily.

• Double opt-in for email marketing. Double opt-in isn’t required by most laws but is a best practice and mandatory in some places (like Germany). It means after someone signs up, they must confirm via a link in a follow-up email. This proves they really wanted to subscribe, helps you show proof of consent, and keeps your list clean from fake or mistyped emails. Even though U.S. law (CAN-SPAM) doesn’t require it, using double opt-in globally helps meet stricter standards and reduces spam complaints.

• Cookie banners and consent management. If you operate globally, ensure your cookie banner complies with local laws. In the EU, show the banner on first visit before setting non-essential cookies. Provide clear “Accept” and “Decline” options — don’t assume consent from continued browsing. Use a Consent Management Platform if needed to handle different regions and keep consent records. Respect user choices: don’t drop tracking cookies if they say no, and let them change their mind easily (like a privacy settings link). Also, honor browser opt-out signals like Global Privacy Control. Clear, honest cookie consent builds trust and avoids fines.

• Clear, accessible privacy policies. Always have a clear, easy-to-find privacy policy on your website and any page where you collect personal information. Link it in your footer and near forms. The policy should explain what data you collect (like names, emails, or cookies), why you collect it (for example, to send newsletters, show ads, or improve your site), who you share it with (ideally naming providers), what rights people have (such as opting out or asking for deletion), and how to contact you. Use simple language or provide a plain summary, update it regularly, and avoid unnecessary legal terms. A clear policy is required in most countries and shows you’re transparent and trustworthy.

Data Collection Channels: How to Stay Compliant

Marketers gather personal data from many sources — websites, emails, social media, advertising platforms, and more. Let’s look at some common data collection channels and how to keep each compliant with privacy laws and best practices:

• Web forms and landing pages. Keep web forms and landing pages clear and minimal — only ask for the data you really need. For example, an email address is enough for an eBook download; don’t ask for extra info unless necessary and justified. Add a short privacy note near the form and link to your privacy policy. If you’re collecting emails for marketing, use a clear, unchecked opt-in box so people actively agree. Use CAPTCHA or email verification to block fake sign-ups, and store form data securely to prevent leaks or hacks. Treat collected info carefully and keep it private.

• Email marketing and lead magnets. Email marketing works best — and stays legal — when you have clear permission. Never buy or scrape email lists; build your list through voluntary signups. If you offer a lead magnet like a free guide or discount, be clear if they’re also subscribing to a newsletter. Always include an unsubscribe link in every marketing email and process opt-outs quickly. Keep records of when and how someone gave consent. Segment your list by region if needed to meet local laws — for example, get explicit consent for EU subscribers under GDPR. Following consent-based practices everywhere reduces spam complaints and legal risks.

• Social media and pixel tracking. Using tracking tools like Facebook* Pixel or Google Analytics means collecting personal data, which often needs disclosure and sometimes consent under GDPR and some U.S. state laws. Tell users about this in your cookie banner and privacy policy. Clearly list what trackers you use and why. If a user says no, your site must respect that — use a consent tool that blocks trackers until permission is given. Avoid tricks in your banners; make “Accept” and “Reject” equally clear. Honest, simple consent keeps you compliant and builds trust.

• Third-party tools and ad platforms. When using third-party tools like CRMs, email platforms, or ad networks, check their privacy practices and sign a proper data processing agreement — required under GDPR. The contract should state they only use personal data to provide services to you, not for their own gain. Big providers like Google and Facebook have standard terms — accept them and adjust settings for more privacy (like IP anonymization or limiting data sharing). Always vet tools carefully to protect customer data and stay compliant.

• Customer Data Platforms (CDP) and data storage. Customer Data Platforms (CDPs) help marketers unify data from different sources. Used correctly, they can support privacy compliance. For example, Altcraft CDP stores all customer data in one place, and lets you keep it on your own servers for better control. Centralizing data makes it easier to manage access and deletion requests and track consent. Secure your CDP with proper access controls and retention rules, and use its consent features to avoid sending unwanted emails.

Conclusion

Handling data privacy can feel complex, but the core idea is simple: treat customer data as you’d want yours treated.

Know which laws apply (like GDPR, CCPA, or local rules) and lean toward stronger protections if unsure. Be transparent, get proper consent, and only collect what you truly need. Protect data, delete it when it’s no longer needed, and make it easy for people to opt out or exercise their rights.

Keep clear records to show you comply. Build a team culture that puts privacy first — it won’t limit your marketing; it makes it better. Stay informed and adapt as laws and tech change.

Privacy isn’t just a legal box to tick — it’s a trust-builder and a competitive edge. Do it right, and you’ll earn loyal customers and run better campaigns. It’s worth it.

• Product of Meta, recognized as an extremist organization in Russia.