Since implementation of the GDPR, more and more countries around the world are adopting personal data protection regulations. In the United States, in the absence of federal regulations, many states, including California, Virginia, Colorado, Connecticut, Iowa, Montana and Utah, have enacted personal data protection laws to strengthen requirements on how companies are allowed to use consumers’ personal data. These laws incorporate some of the concepts of the GDPR. Other US states are in the process of proposing their own draft laws on personal data protection which, if adopted, will continue to complicate the situation with the fragmentation of the legislative landscape. In addition, some US states have introduced new laws governing the processing of sensitive data and it is highly likely that other US states will follow this approach in the future.
Many other countries have enacted data protection laws, including Brazil, the People’s Republic of China, India, Australia, the United Arab Emirates and Saudi Arabia.
The European Union also introduced new regulations which affect the advertising and marketing industry, with the ambition of turning the European Union into a single digital market and “creating a safer digital environment which protects consumers’ fundamental rights and establishes fair competition conditions for companies.” These are centered around the Digital Market Act (DMA), the Digital Services Act (DSA) and the Data Governance Act (DGA). The DMA aims to regulate the behavior of platforms that have a significant impact on the European market, particularly with regard to competition law. This text contemplates obligations relating to the use of personal data for targeted advertising. The DSA aims to regulate the operation of platforms, regardless of their size, and in particular the content published on the Internet. The DGA aims to increase trust in data sharing, strengthen mechanisms to increase data availability and overcome technical barriers to data reuse. The DMA and DSA entered into force in November 2022 and the DGA entered into force in June 2022.
Artificial Intelligence (AI) has developed rapidly in recent times and is now widely used in advertising and other Groupe activities. This development comes with increased attention from regulators. Many countries are implementing AI‑specific laws and regulations, particularly at the European Union level (EU Artificial Intelligence Act approved by the European Parliament) and in several US states.
