How The New York Times and CafeMedia have taken divergent approaches to complying with California’s privacy law

Digiday 22 Feb 2021 05:01
data privacy
February 22, 2021 by Kate Kaye

More than a year after the California Consumer Privacy Act took effect, publishers and programmatic ad sellers are still split on how they are required to comply with California’s privacy law.

Some like The New York Times have taken a strict interpretation, adopting a conservative approach in complying with the law. Others like ad management firm CafeMedia have taken a looser interpretation of the CCPA’s notoriously ambiguous definition of sale and may eventually find themselves running afoul of regulators.

When California residents request that website publishers stop selling their personal information in accordance with the state’s privacy law, many publishers still use that information to sell targeted ads by passing the data into programmatic ad marketplaces where they have little control over how other companies use that information. Although the publishers are using the Interactive Advertising Bureau’s CCPA compliance framework, the rickety custody of the data they share may put them at risk of non-compliance, making them vulnerable to lawsuits or legal enforcement, according to privacy lawyers.

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