Sign Up for Alerts
Sign up to receive receive industry-specific emails from our legal team.
Sign Up for Alerts
We provide tailored, industry-specific legal updates to our clients and other friends of the firm.
Areas of Interest
March 8th, 2022
Ad Industry’s Third-Party Data Use Grew Despite Impending Cookie Shutdown
Chair of the Privacy & Data Security Group Daniel M. Goldberg was quoted in the article, ”Ad Industry’s Third-Party Data Use Grew Despite Impending Cookie Shutdown” by Cybersecurity Law Report. The article discusses the Interactive Advertising Bureau (IAB)’s annual State of Data report which showed the advertising industry increased its use of third-party data in 2021 from the prior year, despite the planned elimination of third-party tracking cookies on web browsers. The IAB issued a call to action with its research findings and warns that companies risk harsh disruption and costs if they do not move towards more privacy-safe data use. The report determined that too few companies in the industry are sufficiently preparing for the tracker phase-out. Daniel shares his thoughts on how regulators and companies are preparing for the next-generation tools and privacy laws.
With privacy rules becoming more strict and public focus rising, the proposed post-cookie solutions come with no guarantee that regulators will approve. Daniel says, “A lot of regulators may not look as closely at the fundamental technology or understand it.” He says the regulators may take a broad view of improper targeting of ads and what counts as personal data. “They are going to say, ‘I see what you’re doing here and you’re trying to be cute, but we don’t buy it.’”
The IAB emphasizes the importance of first-part data as it is essentially “the future.” Daniel who serves on an IAB legal advisory board observes, “the organization’s premise is that the public may put an end to cross-site tracking and ad personalization within a few years.” He adds “IAB is saying that not enough companies seem to understand what the big implications are going to be when the switch is flipped on cookies. Companies can’t stick their heads in the sand.”
While the report found companies have been slow to act, it showed leaders are at least thinking of the future. Daniel says, “Companies are holding back while so much remains ambiguous about the next-generation tools, he adds, “Companies are saying they don’t know what the next thing is going to look like, so we don’t want to put all of our eggs in one basket, supporting one technology when it turns out it will become antiquated.”
The article also notes that Privacy laws are up in the air, notably what the new CPRA regulations will say when the California Privacy Protection Agency (CPPA) issues them, scheduled for July 15, 2022. Daniel says, “Enterprises involved with advertising want to comply, act properly and avoid trouble.” Adding, “Companies are very open to exploring any and all solutions. Sometimes, they jump prematurely at a solution,” naively accepting the vendor’s claims about the product’s legality. “That’s where we have to slow them down, to vet the solution,” he said. “Vetting the privacy solutions for advertising has sometimes been drawn out because so much is changing,” Daniel continued. “Companies are monitoring emerging privacy laws and three other areas in flux: variation between different media formats’ privacy tools, the plethora of replacements under development for third-party cookies, and platform rules and mandates affecting data collection and ad tracking.”
Read the article here. (Behind paywall)
Other Quoted
Televerse Day 2 Highlights: Shrinking, Henry Winkler and More
The Television Academy in its Televerse News quoted Daniel M. Goldberg, who spoke about AI at the academy’s three-day festival. Televerse featured television industry professionals both in front of and behind the camera, expert panelists, FYC (For Your Consideration) discussions, and screenings of shows nominated for this year’s Emmy Awards. Mr. Goldberg spoke on a panel covering “how federal and state lawmakers, courts, content creators and other stakeholders are responding to the evolving technology's impact on copyright, licensing and rights protection.” When asked for future predictions for six months from now, Mr. Goldberg responded, "'It's so hard to predict even two weeks from now. But I think you're going to see the states continue to pick up [on regulating AI] where the federal government is not.’” View Article
August 18 2025
Attorney Cautions That Privacy Laws Cover All Platforms, Not Just Sites
Privacy Daily quotes Daniel M. Goldberg in an article on growing trends in privacy laws and enforcement. The publication covered a webinar presented by Mr. Goldberg and Privado CEO Vaibhav Antil. Mr. Goldberg stated, '“although several enforcement actions have targeted websites, mobile apps are also subject to all privacy laws'” He noted how it’s no longer enough for companies to rely on privacy vendors for compliance but must practice due diligence. Mr. Goldberg reviewed California enforcement actions against Honda, Todd Snyder, and Healthline.
“With all three of these examples, ‘these are not companies that did nothing,” he said. ‘These are companies that had measures in place, that had actually used a vendor to implement them, but the way that it was configured was not tracking the law perfectly.’” He also pointed out how enforcements and fines are rising. View Article. (Registration required.)
July 31 2025
Data Privacy Roundup
The AdExchanger newsletter quotes Daniel M. Goldberg, highlighting key privacy enforcement trends. He provided an example of how opting in cookie tracking by clicking a bold “Allow All” button contrasted with declining tracing, which required a more involved two-step process. Mr. Goldberg pointed out that regulators saw this process as a “potential dark pattern.” “‘Symmetry of choice is the idea that it should be just as easy to accept as it is to reject,’” Goldberg said. ‘It’s an area regulators are looking very, very closely at.’” He also noted dark pattern fines, especially with the CPPA could become substantially larger. He underscored due diligence in programs, referencing recent privacy enforcement setttlements and fines. “‘All these cases involve vendor solutions that did not work,’ Goldberg said. ‘In almost all of them, the company did have privacy compliance in place; it just wasn’t working.’” View Article
July 25 2025
