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The new era of Privacy-Led Marketing in the US

Privacy-Led Marketing
The US is undergoing a major shift toward privacy-led marketing, driven by data breaches, evolving consumer expectations, and stricter regulations. Businesses must balance personalization with transparency, leveraging privacy-focused technologies and ethical data practices.
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Written by
Brunni Corsato
Read time
9 mins
Published
Mar 17, 2025
Magazine / Articles / The new era of Privacy-Led Marketing in the US

Every day, Americans trade small amounts of privacy for convenience. A location ping for a faster drive home. A credit card swipe for a discount. A search history logged for more relevant ads. For years, these trades felt invisible — an unspoken agreement in the digital economy. But with every breach and increased awareness about how much personal data is out there, that trade is starting to feel more like a liability than a convenience.

Privacy has become a national concern as data breaches grow in scale and frequency. High-profile incidents have exposed the personal information of millions, eroding public trust in companies’ ability to safeguard data. The fallout from these breaches, combined with growing awareness of how personal information is bought, sold, and exploited, has driven demand for stronger privacy protections. In response, state governments have stepped in, enacting more robust laws, such as the California Privacy Rights Act (CPRA), to give consumers greater control over their data.

At the same time, businesses are being forced to adapt. The traditional model of collecting large amounts of personal data for targeted advertising is becoming unsustainable, both legally and reputationally. 

This blog post explores the major developments that have reshaped data privacy in the US over the past five years — examining key breaches, regulatory changes, emerging privacy technologies, and the evolving relationship between US privacy policy and global trends.

The data breach epidemic: a wake-up call for the US

The digital privacy ecosystem has been shifting more rapidly in recent years, in part due to the increased frequency of large-scale data breaches. 

While the year 2023 was considered the worst for data breaches, 2024 swiftly took its place. Cyberattacks increased by a whopping 312 percent, exposing over 1.7 billion records. In 2024, we saw the security check company National Public Data’s systems compromised, exposing the sensitive information of 2.9 billion people across the US, Canada, and the UK. The scale of this disastrous breach was more significant than the massive AT&T breach that compromised call records of 110 million wireless subscribers the year prior. The rapid succession of these two exposures accelerated the United States’ reckoning with systemic data vulnerability.

However, the seeds of this crisis were planted much earlier. In 2018, the Cambridge Analytica scandal dramatically publicized how personal data could be weaponized for political and commercial gain. The unauthorized harvesting of 87 million Facebook profiles for targeted psychological manipulation sparked global outrage, congressional hearings, and a wave of distrust in Big Tech. Still, the regulatory response in the US remained fragmented. No federal privacy law emerged in the wake of the scandal.

Attacks like the National Public Data breach exposed more than just personal information. It laid bare long-held assumptions about digital security, forcing consumers and corporations alike to confront a new reality: data privacy is no longer an abstract concern but a concrete one that demands urgent and systemic change.

The National Public Data breach stands as a watershed moment in data security history. By compromising Social Security numbers, addresses, and biometric records of 85 percent of Americans, it demonstrated the fragility of centralized data databases. 

Cultural attitudes shaping modern privacy frameworks

American perspectives on privacy have long been shaped by the country’s deep-rooted values of individualism, free enterprise, and technological progress. Unlike Europe, where privacy is enshrined as a fundamental human right, the US has treated personal data as an asset – something to be traded for convenience, personalization, and economic benefit. 

This commodification of personal information has given rise to a robust data brokerage industry. In 2024, the global data broker market was valued at USD 270.40 billion. Projections estimate growth to USD 473.35 billion by 2032. This industry’s expansion underscores the prevailing view of data as a tradable commodity, often with limited transparency regarding its collection and use.

Despite the transactional nature of data exchange, Americans express significant concerns about privacy. In 2023, 62 percent of Americans agreed to worrying about the amount of data available about them online. Still, 56 percent frequently consent to privacy policies without reading them, and 61 percent believe these policies are ineffective in explaining how companies use their data. These seemingly contradictory attitudes highlight a cultural tension between the desire for privacy and the convenience offered by digital services.

High-profile breaches, regulatory developments, and a growing awareness of surveillance capitalism have ignited public discourse on what privacy should look like in the digital age. People increasingly recognize the need to balance technological convenience with personal data protection, leading to an evolving privacy culture that blends skepticism, pragmatism, and an emerging demand for greater control over personal data.

What privacy feels like for Americans in 2025

For the average American consumer in 2025, privacy no longer feels like an abstract legal concept. Instead, it’s a daily concern woven into digital interactions, with 90 percent of American internet users agreeing that online privacy is important. The friction between convenience and control is more pronounced than ever as people try to balance the benefits of hyper-personalized experiences with the risks of excessive data collection.

  • Heightened Privacy Concerns: Approximately 80 percent of consumers express unease about how their personal data is utilized, with particular concern toward social media companies, government agencies, and search engines.
  • Demand for Transparency and Control: A significant portion of consumers feel they lack control over their personal data, with 36 percent agreeing they are in control and 62 percent believing it’s impossible not to have their data routinely tracked by private companies. This has led to increased demand for more robust data protection and regulation, with 72 percent agreeing with the need for more government regulation of what companies can do with their personal data.
  • Trust as a deciding factor: 58 percent of American consumers believe that brands that experience data breaches are not trustworthy, and 70 percent would stop shopping with a brand that suffered a security incident. 

Companies that proactively prioritize consumer privacy and communicate their data practices in plain language are increasingly rewarded with loyalty. Conversely, brands that rely on opaque data policies or invasive tracking tactics face mounting scrutiny, legal risks, and customer churn.

The evolving marketing landscape in a privacy-conscious era

As privacy expectations shift, so does the marketing playbook. The era of unrestricted data collection and behavioral tracking is giving way to a new paradigm — one that emphasizes ethical data stewardship, privacy-preserving technologies, and first-party data strategies. Marketers must now balance personalization with privacy, rethinking how they engage audiences without eroding trust.

The rise of privacy-focused tech and ethical data practices

In response to regulatory pressures and consumer demands, businesses are embracing privacy-first technologies that minimize data exposure while still enabling meaningful customer insights. This evolution is profoundly reshaping digital marketing.

  • Privacy-enhancing technologies (PETs): Techniques like federated learning, differential privacy, and encryption are redefining how businesses leverage user data. These approaches enable organizations to extract insights without centralizing raw personal information, reducing both risk and regulatory exposure.
  • From third-party cookies to first-party data: As most browsers have deprecated cookies, brands are forced to embrace first-party data strategies. Marketers increasingly prioritize direct consumer relationships, leveraging owned platforms, loyalty programs, and interactive content to gather consent-based insights.
  • Server-side tracking (SST): As third-party cookies phase out, server-side tracking is emerging as a viable alternative for first-party data collection. By shifting data processing to company-owned servers instead of relying on third-party scripts, SST provides greater control, enhanced security, and simplified privacy compliance tracking mechanisms.
  • Data minimization: The principle of “collect less, protect more” is gaining traction, with companies re-evaluating what data they truly need. Companies increasingly look to anonymization, synthetic data, and on-device processing to balance personalization with privacy. Meanwhile, clear consent flows, preference centers, and real-time data dashboards empower consumers with greater control over their information.
  • Privacy by design as a business imperative: Once a niche concept, privacy by design is now a core tenet of product development and marketing strategy. Companies are integrating safeguards from the outset, treating privacy compliance not as a reactive afterthought but as a proactive design principle. Collaboration between marketing, engineering, and legal teams has become the new norm, fostering innovative solutions that enhance user experience while respecting data sovereignty.

In 2025, digital marketing will belong to brands that prioritize ethical data practices, transparency, and user-centric privacy measures. Those who adapt will not only meet compliance requirements but also build lasting trust with their audiences in an era where privacy is no longer optional — it’s expected.

The US privacy regulatory landscape in 2025

In the wake of mounting consumer pressure and headline-grabbing breaches, the US privacy regime has taken shape primarily at the state level. California’s pioneering CCPA/CPRA regulations paved the way, followed by state-level laws in 20 other states, including Virginia, Colorado, Connecticut, and Utah.

Each state privacy law shares the general goal of granting residents more control over personal data, but they differ in crucial details (e.g., definitions of “sensitive” data, opt-in vs. opt-out defaults, and enforcement mechanisms). California’s CPRA, effective since 2023, remains the most robust, granting rights to know, delete, correct, and limit the use of personal information, as well as requiring opt-in for collecting sensitive data or for sales involving minors under 16. Other states, such as Virginia (CDPA) and Colorado (CPA), also require opt-in consent for processing sensitive data but rely on a narrower set of consumer rights.

Despite strong support for a comprehensive federal privacy statute, The American Data Privacy and Protection Act (ADPPA) came close to a vote in previous sessions but was stalled by debates over federal preemption of state laws and private rights of action. It is predicted that the push for state-side legislation, rather than a sweeping federal law, will continue under the new Trump administration.

In the meantime, businesses are left juggling a complex tapestry of regulations, leading many to adopt a blanket regulation that conforms to the broadest state standards, such as the California Consumer Privacy Act (CCPA).

Looking ahead: the future of privacy in the United States

Over the next few years, privacy is expected to remain a high-stakes challenge in terms of policy, consumer rights, and business in the United States. Several emerging trends and debates will shape where American privacy rules and practices go from here, especially in an increasingly fragmented context. 

In January 2025, Usercentrics organized a webinar about US legislation trends for the year, and how businesses can incorporate a privacy-led marketing approach to prepare. According to Usercentrics’s Senior Legal Counsel, Will Newmark: “I don’t see a federal law being enacted in 2025. The Republican party is very internally divided when it comes to privacy laws. We’ll see more state laws, and an even greater patchwork quilt than we’ve got now.”

With dozens of state-specific laws either on the books or in the pipeline, many businesses and consumer advocates are urging Congress to pass a single federal statute. Proponents argue that a unified law would simplify privacy compliance, enhance consumer protections, and close loopholes. The American Data Privacy and Protection Act (ADPPA) remains the leading contender. It features GDPR-like provisions on data minimization and strong consumer rights. If revived and passed in the near future, it could finally give the US a cohesive privacy framework, albeit with ongoing debate over enforcement mechanisms and private rights of action.

American-based tech giants like Google, Apple, and Meta have major global footprints. Their adoption of privacy-preserving technologies — like Apple’s on-device data processing or Google’s “Privacy Sandbox” for ad targeting — often sets worldwide standards. Even without a single US federal law, the market power of these companies could potentially tip the balance in favor of privacy-by-default, if they were to consistently implement aligning measures.

Nations across the globe watch US developments closely, often balancing US approaches with their own laws. Over time, many global digital services may converge on a privacy model that blends stricter consent requirements — like those in the GDPR — with the scaled, AI-driven approaches pioneered in Silicon Valley.

Ultimately, the future of privacy in the United States will depend on a delicate balance of market forces, regulatory action, and technological innovation. Businesses must recognize that privacy is not just a compliance requirement but a core component of consumer trust and long-term brand resilience.


As data processing technologies continue to evolve, companies that proactively integrate ethical data practices will set the industry standard. Privacy-led marketing is becoming a competitive differentiator. Meanwhile, the convergence of global privacy frameworks suggests that businesses operating across borders may soon face a more integrated — or at least interoperable — set of rules.

The next frontier of privacy will not be dictated by a single country, but by the combined influence of regulatory frameworks, technological standards, and economic incentives across borders. Businesses that embrace transparency, minimize data collection, and empower consumers with greater control will not only meet privacy compliance expectations, but gain a decisive edge in an increasingly privacy-conscious market.

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