In EMARKETER’s recently published paper: “Digital Privacy Trends 2026: Privacy-First Advertising in the Era of AI, Fragmentation, and Consumer Scrutiny,” CM Law Partner Linda Goldstein reports that data privacy is becoming a defining issue in digital advertising, noting that evolving technology, regulatory enforcement, and consumer expectations are rapidly reshaping the landscape.
She adds that as trust is increasingly tied to how personal data is handled, companies face growing pressure to modernize their practices.
Why this matters
A major transformation is underway in ad targeting. As traditional third-party cookies lose effectiveness and face regulatory scrutiny, marketers are pivoting toward privacy-forward strategies. These include leveraging first-party data, contextual advertising, and AI-enabled tools that can deliver results without relying on increasingly unreliable tracking signals.
At the same time, compliance is becoming more complex. In the absence of a unified federal privacy law in the United States, companies must navigate a fragmented system of state laws alongside global regimes. Jurisdictions such as California and the European Union continue to lead, but new rules elsewhere are expanding compliance obligations and increasing operational burden.
Notably, many enforcement risks stem not from inadequate policies, but from breakdowns in execution. There are disconnects between legal, marketing, and product teams that often result in inconsistent or noncompliant data practices, heightening exposure to regulatory action and litigation.
Emerging technologies—including AI-driven platforms and new digital environments—are introducing additional privacy and brand safety challenges. Existing governance frameworks are often insufficient to address how data is collected and used in these contexts.
Business response
Linda says that organizations that succeed will be those that align legal, technical, and marketing functions, adopt updated compliance strategies, and prioritize transparency. Doing so will not only mitigate risk but also help preserve the consumer trust necessary for effective, data-driven advertising.
Read the entire article HERE
If you have questions about privacy-first advertising issues and exposures, please reach out to Linda at lgolstein@cm.law.
CM Law (cm.law) – formerly Culhane Meadows – is the largest national, full-service, women-owned & managed (WBE) law firm in the United States. Designed to provide experienced attorneys with an optimal way to practice sophisticated law while maintaining a superior work/life balance, the firm offers fully remote work options, a transparent, merit and math-based compensation structure, and a collaborative culture. Serving a diverse clientele—from individuals and small businesses to over 40 Fortune-ranked companies—CM Law is committed to delivering exceptional legal services across a broad spectrum of industries.
The foregoing content is for informational purposes only and should not be relied upon as legal advice. Federal, state, and local laws can change rapidly and, therefore, this content may become obsolete or outdated. Please consult with an attorney of your choice to ensure you obtain the most current and accurate counsel about your particular situation.
