Q: We use third-party tools for tracking, subscriptions, email, and preference management. Isn’t the vendor responsible for making sure those systems work correctly?
CLICBrain: A vendor may have important contractual and legal responsibilities. But using a third-party platform is not, by itself, proof that your consumer-facing choices satisfy the requirements applicable to your business.
For commercial email, for example, the FTC cautions that businesses cannot contract away their legal responsibility under CAN-SPAM merely by hiring another company to handle email marketing.
Operationally, consider asking:
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What instruction does our interface send to the vendor?
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How does the vendor record and acknowledge the choice?
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Which downstream processes must change?
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How quickly must the change occur?
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What happens if synchronization fails?
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Who detects, retries, and escalates a failed instruction?
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Can we test the result ourselves?
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What evidence can we obtain showing that the required outcome occurred?
The objective is not to duplicate the vendor’s entire compliance program. It is to verify the handoffs and outcomes relevant to your business, your representations, and the applicable requirements.
A vendor confirmation is useful evidence. It should not replace understanding what was confirmed and whether the required systems actually changed.
Have another compliance question? Ask CLICBrain on CLIClaw.com.
CLICBrain Weekly Briefings provide operational compliance intelligence and commentary for internet businesses. Regulatory developments, enforcement activity, and legal requirements discussed herein should be evaluated in the context of your organization’s specific operations, systems, data practices, jurisdictions, and risk profile. This briefing is for informational and educational purposes only and does not constitute legal advice.