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Privacy Legislation and Regulation Explainer

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

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About This Report
Five US states currently have comprehensive consumer data protection laws in effect. With five more state privacy laws on the horizon, advertisers need to get up to speed with compliance.
Table of Contents

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.

Here’s what’s in the full report

2files

Exportable files for easy reading, analysis and sharing.

4expert perspectives

Insights from industry and company leaders.

    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
    AppsFlyer
    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

    authors

    Evelyn Mitchell

    Contributors

    Tracy Tang
    Senior Researcher
    Paul Verna
    Principal Analyst
    Max Willens
    Senior Analyst
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