01 PCI DSS (Payment Card Industry Data Security Standard) When it applies PCI DSS is one of the necessary standards that every business, whether it’s MLM or not, needs to comply with if it stores, processes, or transmits cardholder data. Even if your MLM business impacts the cardholder data environment or uses a payment gateway, PCI DSS needs to be followed. What to Implement Keep card data in hosted payment fields, i.e., use your PCI-compliant payment provider’s embedded, hosted inputs for card details instead of your own form fields. Keep the card details under strong access control with multi-factor authentication for admins with short session lifetimes. Always keep the card details protected by encryption when in transit ( between browser, server, and partner) and where it is stored. Implement tokenization that replaces the real card number with a unique token number. The payment provider uses the token to charge/refund instead of a real card. So, even if the data leak occurs, it doesn’t expose the real card details. To be PCI-compliant, you must run quarterly AVS (approved scanning vendors) scans, which are external vulnerability scans run by a PCI-approved company against your internet-facing systems, to identify security vulnerabilities. Keep your web application firewall active, which is a security filter that sits in front of your public websites and APIs that monitors every incoming request, blocking the bad ones, such as hacking attempts, before they reach your app. MLM-specific pitfalls MLM businesses must not treat distributor data as purely B2B. The privacy laws still apply to them as they are considered independent contractors and not businesses, which must not be ignored. Besides that, MLM businesses must not share genealogy tree details, PV/BV information, and contact details with third parties without DPA and “service-provider” restrictions. If any breach occurs at the vendor’s end, it will be considered yours, and thus, an elaborated DPA can be a complete savior here. Also, do not forget to take prior consent for non-essential cookies. Firing tags early violates privacy rules, inflates profile risks, and creates an inconsistent user experience across multiple replicas.
02 US State Privacy Laws When it applies When your MLM business handles personal data of US residents and meets the state threshold by achieving a minimum revenue or number of customers, under most of the US state laws, distributors are usually considered customers too. What to Implement Notify and clearly request consent before collecting sensitive customer data. Your MLM customers have the legal right to access, correct, delete, or opt out of the sale/sharing of their data. Your MLM business must follow purpose-bound use of data and delete the unnecessary data from the system through defined deletion pipelines. It is necessary for data security in MLM that you sign a data processing addendum with your vendors that handle your users’ personal data. Under the DSA (Direct Selling Association), the purpose of data sharing, the vendors’ role, what data is shared, security controls, etc., are shared. Conduct a risk assessment of your MLM business activities that use distributors/customers' data in a risky way. For instance, if you use email addresses to run retargeting campaigns, evaluate the privacy and security risks to individuals, and document the evaluation process. The MLM business also needs to conduct profiling by scoring prospects. MLM-specific pitfalls MLM business must not treat distributor data as purely B2B. The privacy laws still apply to them as they are considered independent contractors and not businesses, which must not be ignored. Besides that, MLM businesses must not share genealogy tree details, PV/BV information, and contact details with third parties without DPA and “service-provider” restrictions. If any breach occurs at the vendor’s end, it will be considered yours, and thus, an elaborated DPA can be a complete savior here. Also, do not forget to take prior consent for non-essential cookies. Firing tags early violates privacy rules, inflates profile risks, and creates an inconsistent user experience across multiple replicas.
03 HIPAA (if selling health/wellness MLM products) When it applies The Health Insurance Portability and Accountability Act is not applicable to all MLM businesses. When your MLM business is related to healthcare and creates/handles/maintains/transmits protected health information, then only HIPAA is applicable. What to implement Sign a Business Associate Agreement with any vendor that will create, receive, store, or transmit protected health information for you, as it legally binds the vendor to protect PHI and to follow HIPAA rules. Create HIPAA-compliant policies, provide training to employees and distributors, define access controls, and implement transmission security. Promote the minimum necessary use only, conduct risk analysis based on usage, and implement breach notification procedures. MLM-specific pitfalls MLM businesses should not store medical testimonials or images in general CRMs/LMS, as these systems often lack essential PHI controls. Similarly, PHI controls must exist while sending information to support emails or chat. An MLM business must also keep PHI details separate from non-PHI data.
04 GLBA (Gramm-Leach-Bliley Act – if MLM offers financial services like e-wallets) When it applies The Gramm-Leach-Bliley Act (GLBA) applies to MLM businesses when the MLM business is itself a financial institution or acts as a service provider to a financial institution; it needs to comply with its standards. For instance, an MLM company that deals with providing insurance to customers directly and through its distributors needs to follow GLBA data security requirements. What to implement The companies need to maintain the same level of security as expected under MLM businesses by conducting risk assessment, implementing access controls, and ensuring multi-factor authentication. Along with that, in-depth vendor due diligence must be conducted to check whether it’s secure or if there are any data security vulnerabilities. Incident response & notifications aligned to regulatory expectations. MLM-specific pitfalls Many of the pitfalls will be covered when MLM businesses follow US state privacy laws. However, under GLBA, missing out on the broad data scopes of vendors can lead to infecting your system as well.