Legal developments in digital advertising: cookie consent, targeted advertising opt-outs, real-time bidding scrutiny and adtech enforcement.
Digital advertising is where privacy law meets the mechanics of how the open web is funded, and regulators on both sides of the Atlantic have grown far less patient with it. This hub covers consent requirements, opt-out signals, and enforcement against the adtech supply chain.
The banner that greets visitors to most American websites is not a creature of American statute. Neither the CCPA nor the Colorado Privacy Act requires one, and the California regulations mention banners chiefly to say when their design is unlawful. This sets out what each statute requires at the point of collection, and when each genuinely calls for consent.
Read more →CAN-SPAM is often described as the law that made spam legal, which understates it. The Act sets conduct rules for every commercial message rather than for bulk mail, turns on a primary purpose test the FTC defined by rule, and carries civil penalties per message. This guide sets out what the statute and 16 CFR Part 316 actually say, who may enforce them, and which state law survives preemption.
Read more →A universal opt-out signal moves the choice from the website to the browser: one setting, broadcast to every site, instead of a banner per visit. Several state statutes now require controllers to honour one. This guide sets out what those statutes and the California regulations say, the conditions on the mechanism, and what two enforcement actions establish about broken opt-out plumbing.
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