Privacy Legislation and Regulation Explainer

What Marketers Need to Know to Brace Themselves for Tighter Consumer Data Protection

Report Snapshot

During digital advertising’s early days, privacy was an afterthought—if that. Over the last decade, regulators have stepped in, establishing more stringent legal requirements around the collection and use of consumers’ personal data. Today, US advertisers face a complex and continually expanding patchwork of state privacy legislation. This report will explore key concepts and statutory provisions, discuss important policies and instructive court cases, and consider what’s in store for the era of privacy austerity.

Key Question: What’s the state of privacy legislation in the US, and how can brands set themselves up for success in the evolving regulatory landscape?

The information provided in this report does not, and is not intended to, constitute legal advice. It is meant to help advertisers work through the basics of this complicated topic so they can anticipate industry disruption and have more informed conversations with their legal teams.

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    Table of Contents

    1. Report Snapshot
    2. What is privacy?
    3. What are the key terms?
    4. What’s the current state of the US privacy legislation landscape?
    5. What are the similarities and differences between state laws?
    1. Will there be a federal privacy law?
    2. What is the FTC’s role in privacy regulation?
    3. What do dark patterns have to do with privacy, and why should marketers care?
    4. How do consumers feel about privacy and data protection?
    5. What steps do advertising stakeholders need to take?
    1. Insider Intelligence Interviews
    2. Sources
    3. Media Gallery

    Interviewed for This Report

    Aaron Massey
    Future of Privacy Forum
    Senior Policy Analyst, Advertising Technologies and Platforms
    Interviewed May 19, 2023
    Emilie Kuijt
    Data Protection Officer
    Interviewed May 18, 2023
    Richy Glassberg
    SafeGuard Privacy
    Co-Founder and CEO
    Interviewed May 22, 2023
    Tony Ficarrotta
    Interactive Advertising Bureau (IAB)
    Assistant General Counsel
    Interviewed May 16, 2023

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    Senior Researcher
    Paul Verna
    Principal Analyst
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