Staying ahead of the new privacy legislation coming to the US

In an increasingly data-driven world, the need for robust data protection and privacy regulations has become more important than ever before

The UK and EU took a significant step in this direction by implementing the General Data Protection Regulation (GDPR) in 2018, a landmark law designed to safeguard individuals’ personal data. Fast forward to today, and the United States is showing a growing interest in emulating the EU’s GDPR approach, particularly when it comes to programmatic advertising.

What does this mean for US marketers? Aligning your programmatic advertising to GDPR standards is a safe, futureproof and proactive step. And here’s why.

The concern for data privacy is only growing

The digital age has ushered in an era of unparalleled connectivity and convenience, but it has also exposed individuals’ data to unprecedented risks. Numerous data breaches, privacy violations, and misuse of personal information have prompted growing concerns about data privacy. Americans, like their European counterparts, have become increasingly aware of the need to protect their personal data from unauthorised access, misuse, and abuse. This has created a demand for stricter data protection regulations, mirroring GDPR principles that govern how personal data is collected, processed and stored.

Following in the footsteps of the GDPR

The EU’s GDPR has been a benchmark in data protection, prompting many countries to adopt similar legislation. The UK, post-Brexit, chose to retain GDPR regulations to provide a strong legal framework for data privacy. The success of GDPR in the UK is one of the primary reasons why the US is looking to follow in its footsteps. GDPR has demonstrated that it is possible to strike a balance between consumer privacy and business operations while fostering trust between organisations and their customers.

A state-by-state patchwork of confusing regulation 

The US has historically relied on sector-specific regulations and a patchwork of state laws to address data privacy concerns. This approach has created confusion and inconsistency in data protection. As a response, various US states, including California with the California Consumer Privacy Act (CCPA), have started implementing their own privacy laws. Virginia’s VCDPA (Virginia Consumer Data Protection Act) also went into effect for Virginian businesses that meet qualifying criteria. In 2023, Colorado and Connecticut joined the club with the CPA (Colorado Privacy Act) and CTDPA (Connecticut Data Privacy Act), respectively.

However, this fragmented regulatory landscape is not ideal for businesses that operate across state lines or internationally.

Operating within best-practice GDPR standards can prepare US businesses for global expansion, as many countries have implemented or are considering data protection regulations similar to GDPR. And as the US moves closer to bringing in comprehensive data privacy regulations, businesses that have already adopted GDPR principles in their programmatic advertising practices will be well-prepared for compliance with any future legislation.

The road ahead

The adoption of GDPR principles for programmatic advertising in the US represents a significant step towards enhancing data privacy, consumer trust, and the overall integrity of the digital ecosystem. US businesses should consider GDPR not as a regulatory burden, but as an opportunity to demonstrate their commitment to data privacy and ethical data practices. If you would like to find out more about how Crimtan can help you embrace GDPR standards and build a secure data-driven future for your brand and advertising campaigns, get in touch.