Social Media Compliance in Regulated Industries: 2024 Guide

We’re not going to sugar-coat it: social media compliance is a big deal. A lack of social media compliance monitoring can have serious consequences.

But don’t panic! We’ll walk you through the most important compliance elements to protect your brand.

What is social media compliance?

Social media compliance simply means following the rules required on social media. But in practice, social media compliance is hardly ever simple. The “rules” are a complicated mix. They can include industry regulations, guidelines, and federal, state, and local laws.

Common social media compliance risks

Social media compliance standards and risks vary by industry and location. The most common generally fall into the following categories.

Data privacy and protection

Social media platforms collect a lot of personal data from users. Businesses can and do use this info for targeted marketing and advertising.

But businesses must work within data privacy laws. That includes obtaining appropriate consent and protecting the data from unauthorized access.

Here are some crucial data protection regulations grouped by region:

USA. CAN-SPAM, California Consumer Privacy Act (CCPA), Children’s Online Privacy Protection Act (COPPA)

Canada. Canada’s Anti-Spam Legislation (CASL), Personal Information Protection and Electronic Documents Act (PIPEDA)

Europe. General Data Protection Regulation (GDPR)

Global. Cross Border Privacy Rules (CBPR) Declaration

The general principles have a lot of overlap:

Do not send unsolicited messages

Notify users when collecting and storing their personal data

Ensure users’ personal data is secure and used in a responsible way

Confidentiality

Marketers must understand the full scope of confidentiality requirements in their industry. Confidentiality extends beyond data privacy. It includes all information about people involved with a business, online or offline.

For example, those marketing educational institutions must follow both:

the Family Educational Rights and Privacy Act (FERPA), and

the Protection of Pupil Rights Amendment (PPRA).

In healthcare, there’s the Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule. Even resharing a social post without signed consent could be a compliance issue. (More on this below.)

For instance, a physician’s assistant student was recently called out on X (formerly Twitter). The student was posting patients’ radiographs and other confidential images on social media.

This case involved a student, rather than an employee. But it still puts the university involved at compliance risk. Everyone involved with your organization needs to understand social media compliance. Even if they don’t work in social media.

For more details, check out our post on using social media for healthcare.

Advertising regulations

Marketers must understand social media ad compliance regulations for promoting their businesses. This includes disclosing sponsored content and ensuring that advertisements are truthful. If you fail to do this, you risk facing fines or lawsuits.

In the United States, organizations like the Food and Drug Administration (FDA) and Federal Trade Commission (FTC) regulate social media posts. The FDA monitors claims related to food, beverage, and supplement products. The FTC scrutinizes online reviews, endorsements and testimonials. Including those from social media influencers.

The Financial Industry Regulatory Authority (FINRA) monitors financial services businesses in the US. FINRA says that social media posts must be “fair, balanced and complete.”

In the UK, the Advertising Standards Authority (ASA) regulates advertising. They work with codes creed by the Committees of Advertising Practice (CAP).

Source: CAP and CMA, Influencers’ guide to making clear that ads are ads

Since 2021, the ASA has publicly listed influencers who regularly fail to disclose paid posts. They can also ban ads that don’t meet the guidelines.

Community standards

All social media platforms have community guidelines. In creating an account, every business agrees to these guidelines. That means marketers must follow these rules when posting content on social media.

The risks can be serious if you violate a platform’s content guidelines. The platform may just remove your post. But they could remove your account from recommendations algorithms. They might also limit monetization features, or even ban your account.

Intellectual property rights

Marketers must be careful to respect intellectual property rights when posting content online.

Any content created by someone else may be subject to copyright. This includes images, video clips, music, quotes and more. Don’t risk using other people’s content without permission.

Memes are a bit of a gray area for intellectual property risks. In fact, both a meme and its original materials can be copyrighted or trademarked. Images that include real people are particularly risky.

Remember the “Success Kid” meme?

The child’s mother took the picture and therefore owns the copyright. She sued 2020 congressional candidate Steve King for using the image without permission. After a long legal process, he lost his appeal against an original finding of infringement earlier this month.

To be safe, stick to using your own images. Or, look for royalty-free images or those with an appropriate Creative Commons license.

Access and archiving

The U.S. Freedom of Information Act (FOIA) and other public records laws ensure public access to government records. That includes government social media posts. So, official government social accounts should not block followers, even problematic ones.

This can also apply when politicians and public officials use their personal pages to conduct public business. The Supreme Court recently noted:

“A public official who fails to keep personal posts in a clearly designated personal account … exposes himself to greater potential liability.”

In other words, avoid mixing personal and professional posts. Doing so can create compliance risk for public sector employees.

Meanwhile, archiving compliance requirements ensure organizations have a record of social media activities. The Financial Industry Regulatory Authority (FINRA) and Securities and Exchange Commission (SEC) both require financial services firms to archive social media communications in context.

How to stay compliant on social media

Let’s examine the most important elements of a social media compliance checklist.

1. Understand the laws and regulations relevant to your industry

If you use any social media channels in a regulated industry, you likely have in-house compliance experts. They should be your go-to resource for any questions about what you can (and can’t) do on social networks.

Your compliance officers have the latest information on compliance requirements. You have the latest information on social tools and strategies. When these teams work together, you can maximize the benefits for your brand — and reduce the risks.

Make sure your compliance team understands your content creation and approval process. This will allow them to identify risks. Clarify when you should consult them or if you need to change your procedures.

2. Control access to social accounts

Limiting access to your accounts is critical to keeping your content under control. It’s also an important way to reduce compliance risks.

Sharing passwords among team members creates unnecessary risk. It’s especially problematic when people leave their role. A password management and permissions system is a must.

For example, Hootsuite allows different levels of access for each person who works on your social content. There are several compliance benefits to these permissions:

Ensure that all content posted is accurate, truthful, and on brand.

Allow all social team members to embrace their creativity. At the same time, approval safeguards ensure content passes compliance checks.

Prevent unauthorized access to confidential information. This is especially important when you use social media DMs for customer service.

3. Build a social media compliance monitoring strategy

In regulated industries, monitoring is especially important. You may need to respond to comments within a specified time. You may also have to report comments to a regulatory body. For instance, those involving adverse drug reactions.

It’s also important to look for social accounts related to your organization but not under corporate control.

This might be a well-intentioned advisor or affiliate creating a non-compliant account . Or, it might be an imposter account. Each can cause its own kind of compliance headaches.

Any brand that works with outside salespeople needs to watch for inappropriate claims. For example, the Direct Selling Self-Regulatory Council (DSSRC) conducts regular monitoring. They recently found sellers for the multilevel marketing brand Limbic Arc making inappropriate product and income claims on social media. The council notified Limbic Arc, who contacted sellers to remove the claims.

In some cases, Limbic Arc was not successful in having claims taken down. The council then advised the company to use violation reporting tools on Facebook and Instagram. They also told Limbic Arc to add comments on the posts noting the claims were not authorized by the company.

The result was a lot of extra work that could have been avoided if the company caught the claims before the DRSCC got involved.

Start with a social media audit to uncover social accounts related to your brand. Then put a regular social monitoring program in place.

4. Archive everything

In regulated industries, all communications on social media need to be archived. Your records should include posts, ads, and user engagement. All of this may be required in the event of a social media audit or investigation.

We know this can sound daunting. Fortunately, social media compliance tools (like Hootsuite’s ProofPoint integration) can help.

5. Create a content library

A pre-approved content library provides your whole team with compliant social content. Employees, advisors, and contractors can share these without introducing compliance risk.

Armanino, one of the top independent CPA and consulting firms in the U.S., built a content library of brand-approved content to share with a network of internal brand ambassadors. After launching the library, they saw more than 14,700 website clicks from employee posts. More than 19 million people were reached through that approved employee content. That’s a 638% increase year over year.

6. Disclose sponsored content

When you partner with influencers, proper disclosure is non-negotiable.

The FTC requires content creators to disclose all “material connections” to brands. This includes personal, family, and employment relationships — not just financial relationships.

For example, this sponsored post uses the #ad hashtag right upfront. It also includes the paid partnership Instagram label.

The FTC most recently updated its disclosure guidelines in June 2023. If you haven’t yet updated your policies to reflect the new guidance, it’s definitely time to check in with your compliance team.

In Canada, the Competition Act offers the following examples of a material connection:

payment

free products or services

discounts

free trips or tickets

a personal or family relationship

Be sure to build disclosure requirements into your influencer contracts and agreements.

7. Invest in regular training

Compliance and social media training should be part of your new employee onboarding process. When employees are familiar with the rules, they’re more likely to flag compliance risks.

Since social media can change fast, it’s also important to invest in regular training updates. Make sure everyone understands the latest developments in your field.

Work with your compliance team. They can share the latest regulatory developments with you. You can share the latest changes in social marketing and social strategy with them. Discuss new channels, surfaces, and social tools. That way, they can flag any new potential compliance risks.

And, perhaps most important of all…

8. Create compliance and social media policies

A social media compliance policy is a simple but effective way to educate your employees. It should explain why compliance is important and offer tips to help mitigate risks.

The components of your social media compliance policy will vary based on your industry and the size of your business. It might actually include several different types of policy, such as:

Social media policy. Guides your internal social media strategy and employees’ social posts. It should include relevant rules and regulations, your content approval process, and more. We’ve created a complete guide on creating a social media policy.

Acceptable use policy. Sets expectations for how fans and followers can interact with your brand. This policy helps reduce risks from public interactions on your social media accounts.

Privacy policy. Informs internet users how you use and store their data. Many privacy laws require posting a privacy policy on your website. Make sure to address how you store data from social media users specifically.

Influencer compliance policy. Outlines disclosure and copywriting guidelines for influencers that work with your brand.

Social media compliance in regulated industries

Social media compliance for financial institutions

Financial services firms face an extensive list of compliance requirements for social media.

For example, take the U.S. Financial Industry Regulatory Authority (FINRA). It provides different compliance requirements for static and interactive content.

Static content is considered an ad and must go through pre-approval for compliance. Interactive content, though, goes through post-review. You must archive both types of social posts for at least three years.

What exactly is a static versus an interactive post? That’s a question each firm will have to answer depending on its risk tolerance. Your compliance strategy should involve input from the highest levels of the organization.

The U.S Security Exchange Commission (SEC) also monitors for social media compliance violations.

In the UK, the Financial Conduct Authority (FCA) covers financial institutions. They recently teamed up with the Advertising Standards Authority (ASA) to create an infographic. It helps guide influencers considering promoting financial products on social media.

Source: FCA

The Australian Securities and Investments Commission (ASIC) regulates financial institutions in Australia. They provide specific directions for financial influencers and firms that work with them

Learn more about how to use social media for financial services.

Social media compliance for healthcare institutions

All healthcare social media marketers should get familiar with the HIPAA Privacy Rule. Even if you aren’t based in the U.S., HIPAA’s general principles provide good guidance.

The main point? Healthcare providers can’t share any protected health information (PHI) on social media.

Source: CDC

PHI can include the following:

standard identifiers like name, address, birth date, and SSN;

a patient’s health history and treatment plan;

payments for care provided; and

photos in which a patient’s name, face, or other identifying details are visible.

Some common HIPAA violations include:

Sharing patient testimonials or case studies without explicit written authorization

Sharing workplace photos with patients’ faces or identifying features in the background

Using names when replying to patients’ reviews or comments

Uploading patient emails to create custom audiences on ad-targeting platforms

Communicating with patients via non-HIPAA-compliant channels

Sending appointment reminders that include PHI

The maximum penalty for a HIPAA violation is more than $2 million.

While this may sound a little scary, we’ve got you covered. To avoid accidentally sharing sensitive information on social media, check out our complete guide to HIPAA and social media compliance.

Social media compliance for government institutions

Government institutions must manage several compliance considerations. Important factors to consider are:

Content. What is acceptable and what is not acceptable

Citizen engagement. How to interact with citizens, including dealing with harassment and negative interactions online

Representation. How to identify a profile as an official government or political account

Disclaimers. Any disclaimers that should be added to profiles or messages and when

In addition, for government institutions, archiving is a requirement, not just a best practice. Read our complete guide on how to use social media for government institutions.

Social media compliance policy examples

Here are some examples of actual social media compliance policies from businesses.

Social media policy: University of Washington Medicine

UW Medicine’s compliance department deals with patient privacy and information security. They also address a host of compliance requirements not specifically connected to social media. So, it’s no surprise that they have a robust social media policy. It covers faculty, staff, students, and anyone else professionally involved with the department.

The policy includes guidance on topics like:

intellectual property use

the use of social media during work hours and on workplace equipment

disclosures, and

social media connections with patients and students.

The section on patient privacy is particularly useful, as it is clear and specific.

Source: UW Medicine

Acceptable use policy: Indiva

Indiva is a Canadian producer of cannabis edibles. They operate in a regulated industry. That means their acceptable use policy for social media is particularly important. It outlines the company’s social media content moderation policies. Specifically, non-compliant comments will be removed.

Source: Indiva

Privacy policy: Lilium

This producer of electric jets provides detailed information about the use of personal social media data. Since the company is based in Germany, the policy is designed to comply with GDPR.

The policy is very specific. It includes instructions for how to manage data preferences on the various social platforms.

Source: Lilium

Influencer compliance policy: FitBit

This policy outlines the basics of the FTC’s Endorsement Guidelines for influencers. For instance, the policy says influencers must “disclose [their] relationship to FitBit.” They also need to “speak truthfully using substantiated claims.”

The policy notes that the company must pre-approve statements discussing health benefits.

How to ensure social media compliance with Hootsuite

Hootsuite is an all-in-one social media management tool that helps marketers stay compliant.

First, Hootsuite allows you to create custom permissions for all users. You can require approvals from senior staff or compliance officers before content can be scheduled or published.

Assigning the appropriate permissions levels allows you to build a compliance-oriented approval workflow. This ensures that your social content meets review and approval compliance requirements. At the same time, it prevents bottlenecks in the creative process.

Second, Hootsuite’s content library provides a home for pre-approved compliance content. Hootsuite Amplify extends your approved content library to your entire network. That may include employees, advisors, associates, and agency partners.

Hootsuite’s Proofpoint integration adds an extra layer of security to your social media compliance.

When added to Hootsuite, Proofpoint flags common compliance violations in real time. It won’t allow you to schedule content with compliance issues. Proofpoint will even tell you why content is non-compliant. It’s like having a compliance officer supervising your Hootsuite dashboard.

Read more about how to use Proofpoint and Hootsuite to keep your social media posts compliant.

Save time managing your social media presence with Hootsuite. From a single dashboard you can publish and schedule posts, find relevant conversions, engage the audience, measure results, and more. Try it free today.

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