In today’s digital landscape, targeted advertising has become an essential tool for businesses to reach their audience effectively. However, the regulatory environment surrounding this practice is complex and ever-evolving. Our law firm specializes in guiding clients through the intricate web of privacy laws that govern targeted advertising, ensuring your marketing strategies remain both effective and compliant.
Navigating the Targeted Advertising Compliance Regulatory Landscape
Targeted advertising is subject to increasingly stringent regulations across various jurisdictions. Our focus covers a wide range of comprehensive privacy laws, including:
- California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA)
- General Data Protection Regulation (GDPR)
- Virginia Consumer Data Protection Act (VCDPA)
- Colorado Privacy Act (CPA)
- Connecticut Data Privacy Act (CTDPA)
- Other international, federal, state, and local laws
We provide tailored advice to help you navigate the specific requirements of each applicable law, ensuring your targeted advertising practices remain compliant across different regions.
Key Compliance Areas
Opt-Out Mechanisms
Many jurisdictions, including California, under the CCPA/CPRA, require businesses to provide consumers with the ability to opt out of the sale or sharing of their personal information for targeted advertising purposes. We assist in implementing robust opt-out mechanisms and ensuring they are easily accessible to consumers.
Opt-In Requirements
Some regulations, particularly the GDPR, require explicit consent (opt-in) for certain types of data processing related to targeted advertising. Our team helps design compliant consent mechanisms, including cookie banners and related technologies, and determine when opt-in is necessary.
Universal Opt-Out Compliance
Several states, including Colorado, have introduced requirements to honor universal opt-out mechanisms like the Global Privacy Control (GPC). We guide clients in implementing technical solutions to recognize and respect these signals.
Data Protection Assessments
Many privacy laws require businesses to conduct data protection impact assessments for high-risk processing activities, including certain forms of targeted advertising. Our firm assists in performing these assessments and implementing necessary safeguards.
Enforcement Actions
Targeted advertising is increasingly regulated, and by extension, enforcement actions from a variety of regulators are increasing, including in the following:
- Ireland’s data protection commission fined LinkedIn $335 million for allegedly failing to have an adequate legal basis for processing European Union users’ personal data for targeted advertising purposes.
Our Approach
In such a dynamic space with new laws being passed or revised, our holistic approach to targeted advertising compliance is of critical importance to clients.
Our full-service offering includes:
- Comprehensive privacy audits
- Development of compliant data collection and use practices
- Creation and review of privacy policies and consent mechanisms
- Data processing agreements
- COPPA and children’s privacy
- Implementation of data subject rights request processes
- Privacy training for marketing and IT teams on privacy-compliant practices
We Stay Ahead of the Regulatory Curve
The landscape of privacy regulations is constantly evolving. We stay at the forefront of legislative developments via RICHTPOLICY, ensuring your targeted advertising strategies remain compliant with the latest requirements. We provide ongoing support and updates to keep your practices aligned with emerging laws and regulations. As marketing compliance lawyers, we combine deep legal knowledge with a practical and technical understanding of digital marketing technologies. We work closely with your team to develop solutions that balance regulatory compliance with business objectives, ensuring your targeted advertising efforts remain both effective and lawful.
Find Out How A Targeted Ads Lawyer Can Help
Targeted Advertising Legal Developments
- Unpacking Real Time Bidding through FTC’s case on Mobilewalla: The FTC recently announced a new enforcement action in which it alleged that the data broker Mobilewalla collected and retained sensitive location information from consumers—often without their consent—and shared those details with third parties to target advertisements.
- Meta must limit data use for targeted advertising, top EU court rules: Meta Platforms, must restrict the use of personal data harvested from Facebook for targeted advertising, Europe’s top court ruled on Friday, backing privacy activist Max Schrems.
- EU: CJEU publishes judgment on public sensitive data in targeted advertising: On October 4, 2024, the Court of Justice of the European Union (CJEU) published its judgment in Case C-446/21 regarding the unlawful processing of personal data obtained for the purposes of targeted advertising without restriction as to time and without distinction as to type of data under the General Data Protection Regulation (GDPR).