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“Data-Driven Thinking” is written by members of the media community and contains fresh ideas on the digital revolution in media.
Today’s column is written by Richard Eisert, partner at Davis & Gilbert.
For the ad tech community, election day felt like deja vu. Less than a year after the California Consumer Privacy Act (CCPA) came into effect, the California Privacy Rights Act (CPRA) passed through a ballot initiative. Like its predecessor, the CPRA will have dramatic implications for the ad tech ecosystem.
The CPRA was touted as legislation that would fill in the blanks that CCPA left open and further CCPA’s consumer protections. Significantly for online advertisers, the CPRA more specifically addresses businesses’ obligations when engaging in behavioral advertising.
Under CCPA, some businesses engaged in behavioral advertising interpreted “sales” as excluding the exchange of personal information, such as cookie data, for targeting and serving advertising to users across different platforms, arguing that no “sales” were involved because no exchange for “valuable consideration” had occurred. The CPRA’s introduction of the concept of “sharing” closes this potential loophole.
And, the CPRA clarifies that it intends to regulate the processing of any information for “cross-context behavioral advertising,” defined as ad targeting …
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