Data Privacy Fatigue: Are Marketers Struggling To Keep Up?

• The complex data privacy landscape is always changing, and it’s on marketers to stay in compliance with the patchwork of laws 
• We surveyed our marketing and advertising contacts to see how they manage the changes in their day-to-day 
• Most marketers are confident they understand the laws, but working with external partners adds to the complexity 
• Everyone, from brand marketers to martech and adtech vendors, needs to be diligent about compliance and keeping up with the laws 

Data Privacy Fatigue: Are Marketers Struggling To Keep Up?

The landscape of consumer data privacy regulations is growing more complex each year.  With state-by-state solutions, changing cookie guidance, and no clear federal solution, the industry media is getting whiplash. 

But beyond the headlines, what is the real-world impact on marketers? To find out, we recently surveyed a select group of  advertisers and marketers about how they are managing these changes in their day-to-day work.

The Current Privacy Landscape  
At the federal level, there is no clear framework for collecting and using consumer data for marketing. However, several states have created their own solutions, most notably the California Consumer Privacy Act (CCPA), which took effect in 2020 and expanded its scope in 2023 with the CPRA. CCPA is the most comprehensive consumer data privacy law, requiring compliance from anyone doing business in California.

California is not alone. More than a dozen other states have followed suit, enacting their own laws:

• Colorado Privacy Act,
• Connecticut Data Privacy Act (including amendments regulating consumer health data, children’s data, and social media platforms),
• Delaware Personal Data Privacy Act,
• Florida Data Privacy and Security Act,
• Iowa Consumer Data Protection Act,
• Montana Consumer Data Privacy Act,
• Nebraska Data Privacy Act,
• New Hampshire Consumer Expectation of Privacy Act,
• New Jersey Personal Data Privacy Act,
• Oregon Consumer Privacy Act,
• Texas Data Privacy and Security Act,
• Utah Consumer Privacy Act, and
• Virginia Consumer Data Protection Act

While mostly similar, the devil is in the details when it comes to compliance. With new laws and amendments proposed each year, marketers and their legal teams face the ongoing challenge of tracking and implementing these changes.Adding to the complexity, the guidance on Google’s cookie and preferences center have been delayed, changed, and flipped upside down. Currently, Google will not be deprecating the cookie, and instead directing users to their Privacy and Security settings to manage their cookie preferences.

This constantly changing landscape has created new, specialized roles like Data Privacy Officers and Analysts, who dedicate their entire workweek just to keeping up with the rules. So, where does this leave the average marketer?

Survey Findings

A Shared Responsibility: The Importance of Diligent Partners
According to our survey, marketers are confident they understand the changing rules and regulations about consumer privacy and how it affects their work, which is great! But despite countless media articles, most marketers don’t really understand the rationale behind all the changes.

About half of marketers agree that the time spent on privacy is proportionate to the risks involved, but the majority outsource at least some of their privacy compliance to external vendors. These marketers are relying on their partners to understand the laws and remain in compliance.

At Stirista, we have always taken a privacy-first mindset to consumer data. We are diligent and ethical in our collection, matching and hygiene methodologies, and have internal standards that exceed any of the current state laws. We handle the legal complexities, taking the stress off your plate so you can focus on what you do best: acquiring and retaining the best prospects for your business.

Frequently Asked Questions:

What is the current consumer data privacy landscape?
The consumer data privacy landscape in the United States is currently a patchwork of state laws with little federal guidance. Led by the evolving CCPA, over a dozen states have created their own versions of rules for marketers to adhere to. Adding to the complexity is the back-and-forth with the Google Cookie and Privacy Guidelines.

How are marketers feeling about these laws?
Marketers are confident they understand how the laws affect their marketing strategy, even if they don’t understand the rationale behind them. Additionally, most marketers feel that the time spent on data privacy is proportionate to the risks, and outsource at least some of that risk to external partners.

What is the guidance for data privacy moving forward?
Everyone who works with consumer data, from brand marketers to adtech and martech partners, should be equally up-to-date on understanding and complying with current regulations. Stirista has always taken a privacy-first mindset to consumer data, and exceeds current laws to ensure we are acting ethically and in compliance every step of the way.