What marketers need to know about the American Privacy Rights Act and its future effects
First came the General Protection Regulation (GDPR) law in the European Union. Then came the California Privacy Rights Act (CPRA), followed by a storm of similar laws from other states designed to give consumers more power over how companies collect, use and store their data. Now, there’s a proposal for a federal privacy law, the American Privacy Rights Act (APRA), that would significantly impact the digital advertising ecosystem by restricting how data is shared and how consumers are targeted. We’re going to walk you through the APRA and what that means for marketers.
The APRA explained
After previous attempts to establish a national privacy law failed, a group of bipartisan lawmakers introduced the APRA last month to standardize data privacy rights across the United States and replace the patchwork of privacy laws currently in place by individual states. The Congressional Research Service provides an excellent overview of the APRA.
While the proposed legislation is still being debated and discussed, transparency is a big part of the proposed bill. The key parts include:
What this means for marketers
In a nutshell, the APRA would shake things up by forcing companies to scale down the amount of data they collect on people. Some in the industry take a grimmer outlook. An article in AdAge, notes that the proposed legislation is striking “fear in internet ad industry,” with some equating it to a ban on targeted advertising. The Interactive Advertising Bureau (IAB) and other groups have concluded that the APRA would drastically change the advertising technology model we know today.
Still, there are important questions that still need to be clarified before we can fully understand the impact of the APRA if it becomes law. For example, it’s unclear if it requires opt-in consent or allows for an opt-out. The distinction is important for advertisers. In the AdAge article, Lartease Tiffith, executive VP for public policy at IAB, pointed out that sections of the bill refer to opt-out mechanisms for targeted advertising. At the same time, it also includes a clause that refers to opt-in requirements for sensitive data, which includes web browsing data. “It is slightly unclear, but I think at minimum, it requires opt-in, but even more, maybe even a total ban on the ability to have cross-site tracking and web browsing data being shared, and used, for targeted advertising.”
We shared tips for navigating data privacy laws last year, before APRA was introduced. At the time, we recommended organizations get ready for new laws by reviewing how opt-out requests are handled as well as taking another look at the company’s privacy policy. Those suggestions still hold. With more targeting rules being considered, and with the deprecation of cookies, it’s also a good idea to explore other targeting options and ways to collect data. That way, if the APRA does become law, you are prepared.
Looking ahead
Despite the handwringing about the potential effects of the APRA, there is a silver lining. Compliance with a single federal law is likely to be much simpler than navigating the various state-level privacy laws. Trevor Hughes, president and CEO of the International Association of Privacy Professionals, summed it up well in an article in The Drum, “Online advertisers may actually find that even with a higher hurdle to clear, that a consistent national standard that is predictable, understandable and provides strong guardrails and rules of the road for them to operate, is a vastly preferable situation than the current unease and the really complex risk environment that they operate in today.”
APRA is still winding its way through Congress and has already undergone some revisions. There will likely be more changes before it comes up for a full debate and vote. Inevitably this policy or one like it will pass in the coming years. Stay informed by keeping tabs on government websites and industry publications for all the latest developments. Appoint a team to actively address how you would implement the changes needed to be compliant with a policy like this one. It has the potential to transform how online businesses, publishers and ad tech vendors work together.
As always, consult your compliance and legal team or partners for specific advice on data privacy.
If you need help navigating how data privacy laws and regulations impact your marketing efforts or if you want to learn more about how to protect customer data, drop us a note.
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