Data privacy beyond compliance: Leveraging data privacy in building brand identity and competitive edge

In today's data-driven world, businesses are constantly collecting, storing, and analyzing vast amounts of customer information. While this data can be a valuable asset for understanding customer behavior and improving products and services, it also comes with a significant responsibility to protect customer privacy.

Data privacy has long been viewed as a regulatory compliance burden or an afterthought in the pursuit of business objectives. The opportunity offered by it to the brands to utilise it in taking a lead and owning a strategic space focused on transparent data management is largely unexplored.

In today's data-driven era, data privacy has emerged as a critical aspect of business operations, transcending mere compliance requirements to become a strategic asset that can foster brand building and secure a competitive edge.

While organizations have traditionally viewed data privacy as a regulatory hurdle, the landscape is rapidly shifting, recognizing data privacy as a fundamental pillar of trust and sustainable growth. The advent of the Digital Personal Data Protection Act, (2023) has prompted brands across sectors to acknowledge data privacy as a strategic imperative that can drive brand building, customer loyalty and secure competitive differentiation.

In today’s data-driven world, consumers are more aware than ever of the value of their personal information. They are also increasingly concerned about how their data is being collected, used, and shared. Data breaches and privacy scandals have eroded trust in organizations, and consumers are now demanding more transparency and control over their data.

Consumers are more likely to do business with organizations that they trust to protect their data. According to a study by IBM, a majority of consumers are willing to pay more for products and services from companies that respect their privacy.

A good example of how data privacy can be used as a competitive advantage is Apple. Apple has made a name for itself by being one of the most privacy-focused companies in the world. The company has a strong track record of protecting its users’ data, and it has been very vocal about its commitment to privacy. This has helped Apple to build a loyal customer base that trusts the company with their personal information.

Organizations that prioritize data privacy as a strategic brand-building imperative can reap several benefits, including:

• Enhanced Brand Reputation: Consumers are more likely to do business with companies that they trust to protect their data. Consumers demand transparency and control over their personal data, making data privacy a cornerstone of trust. Organizations should prioritize data privacy and demonstrate a commitment to safeguarding sensitive information in order to foster customer confidence and loyalty. This trust translates into repeat business, positive word-of-mouth, and a strong brand reputation.

• Increased Customer Loyalty: Customers who feel that their data is being handled responsibly are more likely to become repeat customers and promoters of the brand. For example, a renowned outdoor apparel company extended its commitment to data privacy practices, where the company prioritized transparency, consumer control, and data security. The company ensured that its privacy policy was clear and concise, providing customers with a comprehensive understanding of how their personal information is collected, used, and shared. These efforts were reflected in a survey wherein 94 percent of its customers believed that the company respects their privacy. Further, this trust translated into increased customer loyalty. The brand’s customers are more likely to make repeat purchases from the company and recommend it to their friends and family.

• Reduced Legal and Reputational risks: Considering the hefty penalties prescribed under Section 33(1) of the Digital Personal Data Protection Act, 2023, data breaches can be costly, both financially and reputationally. Organizations with strong data privacy practices are less likely to suffer from these risks.

• Improved Data Governance: A commitment to data privacy can lead to better data governance practices, which can improve data quality, security, and efficiency.

• Gaining a Competitive Edge: In an increasingly data-driven world, organizations that can demonstrate their commitment to data privacy can gain a significant competitive advantage. Apple's unwavering focus on data privacy has been a cornerstone of its success. The company's privacy policies are transparent and comprehensive, giving users clear control over their data. Apple also employs robust security measures to safeguard user data, earning the trust of millions of consumers worldwide.

To realize the benefits of data privacy, organizations need to adopt a holistic approach that encompasses all aspects of data collection, use, and sharing. This includes:

• Establishing a strong Data Governance Framework: A data governance framework should clearly define roles and responsibilities, establish data classification standards, and implement data security controls.

• Implementing Data Privacy Training: Employees need to be trained on data privacy policies and procedures to ensure that they are handling data responsibly.

• Conducting Regular Data Privacy Audits: Regular audits can help organizations identify and address any data privacy risks.

• Being Transparent with Consumers: Consumers should be informed via privacy notices about how their data is being collected, used, and shared. Organizations should also provide consumers with clear choices about how their data is used.

Data privacy is not just about compliance; it is a strategic imperative that can drive brand building, customer loyalty, and competitive differentiation. By adopting a data privacy-driven strategy, organizations can build trust with consumers, reduce legal and reputational risks, and gain a competitive edge in the market. Data privacy can serve as a powerful competitive differentiator, setting organizations apart in their industry. Therefore, instead of viewing data protection legislation as a hindrance, brands should embrace it as an opportunity to establish themselves as industry leaders in data stewardship and privacy.

About the author: Akshat Shonak is a Counsel at Emerald Law Offices.