Risky Business: Should Publishers Preemptively Offer More Consent Choices?

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Two out of three digital publishers in the United States don’t offer their consumers consent choices, according to a new report from Compliant and Peer39. And though, as MediaPost’s Ray Schultz writes, U.S. publishers don’t have to contend with the same regulations as EU publishers, this absence of choices is “dangerous considering that the states are passing ever-tougher laws — for example, the California Consumer Privacy Act (CCPA).”

“The solution for publishers would appear to be a consent management platform (CMP),” writes Schultz. “But 91% of publishers that have CMPs are passing Personally Identifiable Information (PII) to third parties without consent. Furthermore, 82% of U.S. publishers have higher data leakage risk from using too many vendors, piggybacking, or tags.”

The Compliant study, which looked at more than a billion impressions across 1,000-plus programmatic media campaigns, concluded that the “lack of transparency” could expose companies to “irreparable harm.”

“It’s unthinkable in today’s environment that any marketer would spend money on media that puts their brand at risk,” says Compliant CEO Jamie Barnard. “This is no different than when the industry asked itself why would we pay for ads that no one sees. No brand should be asked to buy media that is non-compliant.”


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