TrustArc Webinar - Click, Consent, Trust: Winning the Privacy Game
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In today’s hyperconnected world, privacy is more than a compliance checkbox—it’s a cornerstone of consumer trust. Customers expect transparency, control, and respect when it comes to their personal data. Brands that deliver on these expectations don’t just stay compliant—they stand out. Join privacy experts from TrustArc and Greenberg Traurig for a deep dive into the evolving landscape of data privacy and discover how to turn regulatory complexity into a strategic advantage. Learn how to design consent experiences that are seamless, global compliance strategies that scale, and data practices that foster long-term trust. In this webinar, you’ll learn: - How to deliver consistent privacy choices across devices, channels, and geographies - How to design frictionless, user-centric consent flows that enhance the customer experience - Strategies to stay ahead of ever-changing cookie laws and privacy regulations worldwide This session is essential for privacy, marketing, and digital leaders who want to future-proof their data practices and gain a competitive edge through trust.
TrustArc Webinar - Click, Consent, Trust: Winning the Privacy Game
- 1. © 2025 TrustArc Inc. Proprietary and Confidential Information. Click, Consent, Trust: Winning the Privacy Game
- 2. 2 Legal Disclaimer The information provided during this webinar does not, and is not intended to, constitute legal advice. Instead, all information, content, and materials presented during this webinar are for general informational purposes only.
- 3. 3 Speakers Paria Asadbikli Global Privacy Manager TrustArc Darren Abernethy Shareholder Greenberg Traurig
- 4. Agenda 1. Consumer Trust: What Does It Mean? 2. Data Privacy Laws and Compliance 3. Cookie Compliance and Management 4. Wiretapping Mitigation 5. Dark Patterns
- 5. 5 Consumer Trust: What Does It Means? Insights from consumer data: ● Understand preferences, trends, and behaviors ● Use it to: ○ Improve user experience ○ Develop new products and services ○ Personalize advertising ● People have become increasingly conscious of the significance and worth of their data: ○ They are hesitant to share their personal information. ○ They want to be informed about how organizations are using their data. ○ Privacy has become a critical element in consumers' decision-making process. ○ We expect it to become even more significant as we witness more technological advancements that could significantly affect consumers' privacy.
- 6. 6 ● Transparency ● Consent ● Individual’s Rights ● Robust Security Measures ● Privacy By Design Data Privacy Laws and Compliance
- 7. 7 Cookie Compliance and Management People preferred and have more trust and feel safer when the cookie notice presented to them is multiple choice and gives them the ability to not only accept or refuse, but also to select what purposes and partners they want to accept. THE IMPACT OF COOKIE NOTICES IN CONSUMER'S TRUST IN NEWS MEDIA WEBSITES by DZ Troeira · 2021 Approximately 50% users simply accept everything when presented with the notices and around 55% rarely reads the information given or never. !
- 8. 8 Consumer Trust and Regular Areas of Regulatory Review ● Dark patterns ● State UDAP statutes and the FTC’s authority in relation to unfair and deceptive trade practices ● Wiretapping / state recording statutes ● Compliance with state privacy laws, including transparency and consent provisions ● Transfer of sensitive information to third parties through technologies like pixels or CAPIs
- 9. 9 Areas of Common Concern Involving Cookie Consent ● Miscategorization of cookies/trackers in a CMP ● Lack of an underlying contract or data process addendum clarifying the relationships of the parties under applicable state/federal/international law ● Misconfiguration issues, including with Global Privacy Control signals ● Setting it up for different geographic markets (e.g., reverse IP and different UX based on where visitor is inferred to reside) ● Dark pattern issues around font color, size, placement of buttons, etc. ● Treatment of non-cookies, and coordination with site tag managers ● Discrepancy between PP/Cookie Policy and consent tool setup
- 10. 10 Tracker Consent Habits for Success ● Transparent notices re: tracking practices ● Clear lines of responsibility within the organization among who “owns” what in this area…e.g., coordination among Marketing, Legal, Engineering, etc. to avoid silos ● Having a documented “standard operating procedure” for adding new trackers to a website or SDKs to a mobile app ● Regular testing…both your own internal tool testing but also from the point of view of a website visitor ● Being user friendly and clear of dark patterns
- 11. 11 Wiretapping Pitfalls and Mitigation ● Federal and state standards…and P’s bar attempt to shift from the telephone context to the Internet ● States like CA allow a private right of action for an injunction with statutory penalties of $5,000 per violation and treble actual damages (if any) ● What activities are regulated by CIPA? ● Common subject of legal claims? Session replay, chatbot, SM pixels, online credit card transactions, etc.
- 12. 12 Wiretapping Mitigation and Habits for Success ● Contracts restricting the vendor’s use of the data collected ● Geo-consent management for cookies/pixels/chatbots, and opt-outs or opt-ins depending on the business risk appetite ● Being mindful of naming pixel “custom” events and the placement of pixels on certain pages…e.g., non-authenticated pages and pages where sensitive personal info may be transmitted. (e.g., don’t call it “event for hair loss” or something else that seems to give an indication about health) ● Privacy policy updates ● Review of vendor’s features/tools, such as session replay providers allowing for obfuscation of IP addresses or credit card numbers (and not placing the technology on pages with SSN, financial info, health info, etc.)
- 13. 13 Movement Away from Cookies – Other Possibilities • Solutions Are Still Taking Shape, But The Key Areas Include: • First- (and zero-)party data—in many ways, the new coin of the realm • Contextual advertising—AI/ML have supercharged opportunities for ad placements • Universal identifiers—creation of deterministic, omnichannel IDs via phone & email • Data clean rooms—matching large platform data with 1st party data in strictly controlled environments • Identity graphs—combining 1st party data with licensed identity graphs • New ad forms and platforms (e.g., airline seat TVs, banking purchase data, etc.) • Retail media networks • Other avenues…the IAB Tech Lab’s Seller-Defined Audiences, PETs like k-anonymity, private marketplaces, cohort targeting, generative AI, and more.
- 14. 14 Dark Patterns - What Are They? ● What are they? ● Common examples ○ Easy to sign up, hard to unsubscribe/cancel ○ Hidden costs added late/at checkout ○ Confusing ads that appear to be content and trick people into clicking ○ Shaming users (“No, I don’t want to save money”) ○ Creating false scarcity or urgency…like a countdown timer that isn’t real ○ Using coloring, fonts, movement to draw attention to or from something
- 15. 15 Dark Patterns - How to Prevent Loss of Consumer Trust ● Be focused on symmetry in choice (e.g., if “accept all,” then also include “decline all”) ● Make language easy to understand–can use free programs to check the readability of policies or pop-up notices ● Review whether the path to a consumer saying “no” is longer than the path to saying “yes” ● Don’t hide important disclosures
- 16. 16 Consumer Requests ● Purpose limitation – don’t collect more data than is necessary! ● Be mindful of non-compatible secondary uses of PI, such as in relation to SPI ● Don’t require verification for opting out of sales/sharing or limiting use of SPI ● Don’t require verification for authorized agents to opt out of sell/share/SPI ● Make a business decision as to how to apply consumer rights ● Unified consent across consumer account touchpoints?
- 17. 17 Thank You!