Tech Meets Regulation: An AdTech Lawyer’s Playbook

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The digital advertising ecosystem, commonly referred to as AdTech, is a complex and rapidly evolving space, facing increasing scrutiny from regulators and consumers alike.

A recent #RISK Digital Global panel discussion, moderated by Mandy Lit (Privacy and Compliance Strategy Expert), brought together Sundeep Kapur (Partner, Orrick) and Feras Ahmed (Assistant General Counsel, Privacy, Dotdash Meredith) to provide a lawyer’s perspective on navigating the legal and compliance challenges in this dynamic industry.

Key Takeaways:

• Transparency is Non-Negotiable: Regardless of the specific legal framework, transparency with users about data collection and usage is essential for building trust.
• Consent Remains Crucial (Especially in Europe): For most targeted advertising activities in Europe, explicit consent is required.
• US Landscape is Evolving: US businesses must navigate a complex patchwork of state privacy laws and prepare for potential federal legislation.
• Vendor Due Diligence is Essential: Thoroughly vet AdTech partners and ensure they have robust privacy and security practices.
• “Defensible Compliance” is Key: Be prepared to justify your data processing activities to regulators and consumers.
• AI Adds New Layers of Complexity: The use of AI in AdTech requires careful consideration of ethical implications, bias, and potential misuse.

Be prepared.

The AdTech industry is at a critical juncture. By embracing privacy-respecting practices, prioritizing transparency, and building strong compliance programs, businesses can navigate the evolving regulatory landscape and maintain the trust of their users, ultimately ensuring the long-term sustainability of the digital advertising ecosystem.