Why privacy-washing won’t wash

Sara Vincent, Utiq Managing Director, UK, urges the adtech industry to take data privacy seriously if it is to rebuild trust with consumers. Very soon, absolute compliance will become the foundation for doing business. 

It seems like the whole of the adtech world is talking about privacy – and this isn’t a new conversation. Following years of persistent rumblings, Google’s Privacy Sandbox escalated the debate in 2019, after which Apple’s launch of its ATT framework in 2021 stepped things up further. The beginning of the end of cookies on Chrome last month finally brought the issue to a head. 

Let’s be clear, this is a good thing. For too long, the adtech industry has traded consumer data like penny shares, with consumers, for the most part, totally unaware of what was being done in their name. So it’s about time the whole of the adtech ecosystem finally started taking data privacy seriously.

For Utiq, it’s our reason for being, our absolute driving force, and there are plenty of other examples of brands and vendors who are clearly committed to the new era of data privacy. 

But elsewhere, we are seeing blatant examples of privacy-washing – a term, incidentally, that is as old as the debate itself. In short, this is the all too common practice of communicating a privacy-first approach without actually delivering one. 

Too many organisations are falsely portraying themselves as more privacy-conscious than they truly are – overstating privacy measures, highlighting privacy-friendly policies amidst invasive practices and complicating the process users must follow to understand and exercise their privacy rights. 

So what’s the harm in privacy-washing?

Firstly, and most importantly, privacy-washing does absolutely nothing for consumer trust. We have a big job to do in rebuilding people’s faith in the industry, and nefarious practices are not the way to do it. Not only do they slow industry progress, but they risk squandering a pivotal moment. Here we have an opportunity to redesign the value exchange and communicate to consumers that the open web isn’t free, it is a contract – and one that goes both ways.

At the risk of stating the obvious, all players in adtech need to hold themselves liable for non-privacy-compliant practices be it across tech, websites or buying paths. And those who fail to comply could be subject to investigations and/or fines from regulatory bodies. That’s why it pays to do your due diligence. 

If this is not motivation enough for doing more than paying lip service to data privacy, then just take a moment to look at the existing data privacy regulations around the world: GDPR in Europe; PLIP in China; CCPA and COPPA in the United States; DPDP in India. The list goes on, and is ever-growing. Privacy regulation is increasing globally – there is no escape from it. Absolute compliance will very soon become table stakes for doing business. 

How to avoid falling into the privacy-washing trap

Every operator needs to take responsibility for putting their own house in order. But in an ecosystem with as many moving parts and interconnected partnerships as the adtech world, that also means ensuring that the partners we work with can demonstrate their commitment to privacy regulation.

So it is vital to spend time asking both current and new potential partners for their privacy credentials:

• Is the solution compliant with all privacy regulations in a given jurisdiction?
• Do they work closely with local/regional Data Protection Authorities (DPAs), and are the DPAs aware of their offering?
• Has this solution been independently validated from a data privacy perspective?
• Does it deliver what it promises in data privacy terms?
• Are you in good company? Which of your peers and counterparts are using and advocating for the solution?

It is also essential to test the service from the perspective of a consumer, considering the following questions:

• Do I know where my data is?
• Do I feel in control of it?
• Can I view, delete and update and withdraw any consent that I previously gave to any company whenever I choose?

We are already having the right conversations to start knocking down barriers to consumer trust. The future of the open, ad-funded web depends on our ability to respect people’s data and give them full control over it.

There’s a clear path to get there, but privacy-washing is not the way.

Also published in: Media Marketers Meet