As we say goodbye to third-party cookies, businesses must adapt. Website operators need a new way to identify users, learn about their activities, and share data with partners in a way that’s privacy-compliant and not browser-dependent.

Server-Side Tagging and tracking (SST) are a part of this next leap forward. Together, these two concepts offer a privacy-focused solution to collecting online data that’s gaining momentum.

Why server-side is rising: The shift from client-side tracking

For years, client-side tracking has dominated digital analytics. But this model is rapidly being replaced by server-side solutions. There are several compelling reasons:

• Privacy regulations: The General Data Protection Regulation (GDPR), California’s Consumer Privacy Act (CCPA), and other laws require stricter control over personal data
• Browser restrictions: Chrome, Safari, Firefox, and others are limiting third-party cookies and tracking capabilities
• Ad blockers: There is growing adoption of technologies that can prevent client-side scripts from executing
• Performance optimization: Client-side tags slow down websites, affecting both user experience and SEO
• Data accuracy challenges: Client-side tracking increasingly suffers from data gaps and attribution issues

What is server-side tracking?

Although server-side tracking and tagging both use a server for data management, the two concepts are distinct. Server-Side Tagging refers to the implementation of tracking tags on the server side.

Meanwhile, server-side tracking refers to the process of collecting user interaction data on your own server, instead of relying solely on scripts running in a user’s browser. 

This shift gives businesses significantly more control over what data is collected, how it’s processed, and who it’s shared with.

“Server-side tracking enables companies to improve accuracy, reliability, and data completeness compared to client-side tracking. It reduces dependency on browser-based cookies and scripts, which can often be blocked or limited by users and browsers.” — Tom Wilkinson, Senior Marketing Consultant

Unlike client-side tracking, which can be disrupted by ad blockers or browser privacy settings, tracking server-side captures the data post-request, after it reaches your server. This means:

• Higher data integrity
• More consistent attribution
• Stronger user privacy management

Server-to-server tracking also aligns more naturally with modern privacy frameworks, which require businesses to have transparent control over personal data processing. This approach is becoming increasingly important as server-side cookies provide a more reliable alternative to client-side methods.

Server-side analytics tracking

Server-side analytics tracking involves collecting user data directly on your server, rather than in a user’s browser. This method offers greater control, performance benefits, and improved privacy compliance. It’s an increasingly popular choice for businesses focused on data accuracy and user experience.

With server-side tracking, you decide what data to collect, how it’s processed, and when it’s shared with third parties. 

This not only enhances compliance with privacy regulations like the GDPR and the CCPA, but also helps avoid issues caused by browser restrictions and ad blockers. Plus, since less tracking code runs in the user’s browser, websites often load faster, leading to a better overall experience.

Google Analytics 4 (GA4) is a widely used tool for implementing server-side tracking. It’s user-friendly, integrates with many platforms, and benefits from a large support community.

In your Google server-side tracking setup:

• Data is collected by your server, then forwarded to Google Analytics
• This enables you to filter, anonymize, or enrich data before it reaches third-party platforms
• You have the flexibility to determine what is shared for improved compliance and control

Google Analytics 4 server-side also provides more reliable insights by mitigating browser-side limitations. It is therefore especially valuable for tracking complex user journeys across devices or apps.

Google Ads also benefits from server-side tracking. By processing conversion data on your server before sending it to Google, you can maintain accurate attribution even when cookies are blocked or deleted.

A Google Ads server-side tracking approach is more resistant to ad blockers, enhances privacy compliance, and provides visibility into the full customer journey across devices and browsers. In short, it helps your marketing team measure campaign effectiveness more reliably.

What is Server-Side Tagging?

If server-side tracking is the what, Server-Side Tagging is the how.

Server-Side Tagging is a different approach to tracking data. With Server-Side Tagging, both your website and your users’ data are hosted on a secure, centralized server. This gives you more control and protection over users’ personal data, as required by data privacy regulations.

“Server-Side Tagging is a mechanism where tracking tags — pixels, scripts, analytics events — are managed and executed on a server-side environment rather than directly in the user’s browser.” — Tom Wilkinson, Senior Marketing Consultant

Server-side tags act as a centralized, protective buffer between your users and third-party vendors seeking to track data. They prevent third parties from having direct access to data collection from websites, including users’ personal data. This helps provide better control and security.

Client-side tagging vs. Server-Side Tagging

Client-side and Server-Side Tagging each has its own benefits. 

Client-side tagging is the most common tracking method. It relies on tags that run in the user’s browser, sending data directly to various third-party servers. Tag management systems (TMS) use this functionality to share data from your website with marketing technology partners. 

However, in this model, data flows directly to external platforms without centralized control over  how that data is accessed, processed, or stored.

When you use Server-Side Tagging, data from tags or pixels is sent to your web server, not third-party platforms. From there, you control what data is forwarded to destination servers, like those used by marketing partners or analytics providers. 

This method offers centralized control over data access and usage. Because all the data flows through a single, controlled stream, you can enforce granular user consent, allowing certain technologies to run while blocking others based on users’ choices.

Google Tag Manager server-side tagging

Google Tag Manager (GTM) server-side is one of the most widely adopted tools for implementing Server-Side Tagging. It helps businesses shift from browser-based tag firing to a server-based model where tags are processed in a secure, cloud-hosted environment.

GTM’s Server-Side Tagging shifts tag management from the user’s browser to a server managed by your company. It delivers benefits like improved website performance, better data quality control, and enhanced privacy compliance. 

It’s ideal for companies that need more data control and better website performance, especially those handling sensitive data or that need to meet strict privacy compliance standards.

To implement a server-side tag manager, you’ll need:

• A tagging server (often hosted on Google Cloud Platform or another server environment)
• A container configured for server-side use
• Although not mandatory, integration with a Consent Management Platform (CMP) is strongly recommended and often necessary to support lawful data processing under privacy regulations like the GDPR

Using Google Server-Side Tagging will help align tags with user consent and privacy preferences before any data is sent.

The differences between server-side tracking vs. Server-Side Tagging

While they work together, server-side tracking and Server-Side Tagging are distinct.

Think of it this way: server-side tracking is your data intake. Server-Side Tagging is your data distribution system.

Used together, they give you end-to-end control over how personal data is collected, processed, and shared.

Who is Server-Side Tagging for?

The short answer is that Server-Side Tagging is useful for a wide variety of companies and departments.

Server-Side Tagging benefits for businesses

It’s ideal for organizations that need more control over their data, better privacy, and improved data quality. For instance, companies dealing with sensitive personal data can use Server-Side Tagging to modify and control data before sharing it with third parties.

In addition, moving data processing and distribution to the server not only enhances website performance by eliminating the need for heavy third-party technologies and container tags. It also provides website administrators with greater control and auditability over data shared with third parties. 

This shift bolsters website security by limiting access to the website and its data, making it foundational for establishing a corporate data strategy despite increased costs like those required for a dedicated web server.

Furthermore, as third-party cookies disappear, small businesses will also benefit from these technologies. Server-Side Tagging leverages first-party server capabilities to bring tracking closer to website content. It prevents ad blockers from blocking content and thwarting functionality like Safari’s Intelligent Tracking Prevention (ITP) from shortening HTTP cookie lifetimes or deleting those cookies entirely.

Lastly, marketing teams also see advantages. Server-Side Tagging improves visibility throughout the customer journey, which helps to increase conversion rates and return on investment from advertising.

Added control over data collection and distribution also leads to more accurate insights and better decision-making.

Server-Side Tagging benefits for website visitors

Server-Side Tagging also enhances your website visitors’ privacy and security by effectively communicating their consent choices across systems, preventing unauthorized data collection or sharing. 

This approach also limits access to and control over collected data, as companies retain control rather than give third-party vendors direct access. Ad targeting can be improved, enabling personalization while preserving privacy.

Server-Side Tagging can make data collection less visible to users, since much of the activity happens on the server rather than in the browser. 

To address this, Usercentrics is working with tagging platforms to bring that visibility back. By integrating the Consent Management Platform (CMP), websites can extract and display information about data collection and purposes through the consent banner.

Server-Side Tagging benefits for third-party vendors

SST signals to third-party vendors — such as those offering customer data platforms or data warehouse solutions — that granular consent has been obtained from users regarding their data and any associated activities. 

Since it provides more control, using SST can reduce the risk of data privacy violations and unauthorized data access.

Companies can also develop better communication and shared insights with vendors as they centralize control over website behavior and determine data flow.

How to implement Server-Side Tagging and tracking?

To implement Server-Side Tagging, you will need to work with a tag management system that supports it. You will also need to set up a supporting web server or use a cloud-based solution.

Once you have these in place, you can start implementing Server-Side Tagging on your website. Just follow these steps:

It’s a good idea to start small. Implement Server-Side Tagging for a single use case like GA4 or Google Ads before expanding to more platforms.

Server-side tracking, the GDPR, and compliance

There’s a common misconception that using server-side tracking means automatic compliance with the GDPR or other privacy laws. While server-side methods offer greater control, businesses are still responsible for legally compliant data management.

To meet GDPR requirements, organizations still need to collect valid, granular consent from users before processing any personal data. Server-side infrastructure enables more consistent enforcement of those choices. 

When data flows through your own server, you can control exactly what’s collected, stored, and shared, and under what conditions.

One practical example is the use of Google Consent Mode. If you’re using Google Tag Manager for Server-Side Tagging, pairing it with Consent Mode enables websites to communicate a user’s cookie preferences directly to Google tags. The tags then adjust their behavior based on those preferences, for example, by withholding marketing cookies until consent is granted. 

This is important for maintaining legally compliant data processing while preserving the ability to measure campaign performance.

However, it’s important to note that the GDPR’s requirements aren’t the only ones to consider. Implementing server-side tags doesn’t automatically ensure compliance with ePrivacy Directive requirements, which govern electronic communications and cookie usage in the EU. 

While the GDPR focuses on how personal data is handled, the ePrivacy Directive sets the rules for storing or accessing data on a user’s device. Both apply when it comes to tracking.

The bottom line is that server-side tracking gives you stronger tools for enforcing privacy, but real compliance still requires a well-structured, deliberate approach.

Server-side tagging and cookies

Server-Side Tagging doesn’t mean getting rid of all cookies. Whether you use Google’s Server-Side Tagging or another tool, you will still be using tracking cookies. They’re used to monitor user interactions and sustain states, reducing dependence on client-side cookies alone.

Unlike client-side cookies, you manage server-side cookies directly via the server of your choice. This offers enhanced flexibility and more control over your data management processes.

So, server-side cookies are not a bad thing. They will actually help you achieve and maintain GDPR compliance by providing you with additional control over data handling and user privacy.

Building a privacy-first future with server-side infrastructure

As Google continues to phase out third-party cookies in Chrome through 2025, the shift toward stricter privacy standards is creating real challenges for digital marketing. Instead of waiting for cookies to disappear completely, many businesses are proactively developing long-term strategies built around first-party data.

Usercentrics’ server-side tracking helps make that shift easier. Our solutions help you to:

• Build a first-party data strategy that’s future-ready
• Keep conversion tracking accurate and campaigns running smoothly
• Stay compliant with privacy laws like the GDPR and the CCPA
• Speed up your site by cutting down on browser-side scripts

By combining server-side tracking with our consent platform, you can keep full control over your data while respecting users’ privacy choices.

Who is responsible for enforcing the General Data Protection Regulation (GDPR)? The answer is more complex than just regulatory authorities. 

The GDPR is one of the most comprehensive data privacy laws in the world, and enforcement isn’t limited to external authorities. Responsibility for GDPR compliance belongs to organizations, departments, and even individuals.

We’ll look at who is responsible for data privacy and protection and how to implement best practices. We will also outline GDPR enforcement from a government level down to day-to-day corporate operations.

What is GDPR?

The General Data Protection Regulation (GDPR) is the European Union’s foundational data privacy law. It was introduced in 2016 and took effect in May 2018, replacing the 1995 Data Protection Directive. Unlike directives, which require national governments to pass their own local versions, the GDPR is a regulation that applies directly and uniformly across all EU and European Economic Area (EEA) member states.

The GDPR was designed to give individuals more control over their personal data and to align data protection laws across Europe. It governs how personal data is collected, processed, stored, shared, and deleted. It also introduces strict requirements around user consent, transparency, security, and organizational accountability.

The regulation affects any organization, regardless of location, that processes the personal data of EU residents. This means that whether you’re based in Berlin, Boston, or Bangalore, if you have users in the EU, you have to comply with the GDPR.

Who is responsible for GDPR compliance in companies?

GDPR compliance is not solely the job of regulators or legal advisors. It should be built into businesses’ day-to-day operations. Two individuals hold the most responsibility: data controllers and data processors.

Data controllers, data processors, and GDPR compliance

Data controllers and data processors collect and process users’ personal data, and are thus responsible at the day-to-day level for data security and privacy.

Under the GDPR, a data controller is a person or organization that collects personal data and determines the purposes and means of its processing. Data processing can mean anything from creating customer profiles to aggregating demographic information for sale.

A data processor is a person or organization that processes personal data on behalf of a data controller. Advertising partners are a good example of data processors.

GDPR requirements apply to both data controllers and data processors, but their specific responsibilities differ. Ultimately, data security and privacy compliance are usually the controller’s responsibility, including for the actions (or negligence) of contracted processors. 

This is why it’s critical, and to a degree required, to enter into clear, comprehensive contracts with all prospective data processors and to review their activities.

Responsibilities of data controllers under the GDPR

Data controllers are primarily responsible for GDPR compliance, so they must obtain valid consent, as defined in Art. 7 GDPR, from individuals for data processing. Their additional responsibilities include:

• Maintaining secure records of consent preferences
• Keeping data accurate and up to date
• Correcting or deleting data when requested, under certain circumstances
• Implementing appropriate technical and organizational measures to protect data

Data controllers must also verify with contractual agreements that any third-party data processors they work with are GDPR-compliant.

In practice, this means that the controller doesn’t just decide how data is used. They also have to demonstrate accountability at every stage of the data lifecycle. This includes transparency with users, cooperation with supervisory authorities, and full documentation of compliance measures.

In short, the data controller sets the tone for how an organization approaches data privacy and is ultimately the one who bears the most legal responsibility.

Responsibilities of data processors under the GDPR

Data processors must process personal data only according to the instructions of the contractual agreement with the data controller. Their additional responsibilities include:

• Implementing appropriate technical and organizational measures to protect data
• Notifying the data controller of any data breaches
• Keeping records of processing activities
• Compliance with data deletion requirements after processing

Processors do not have the freedom to decide how personal data is used, but they still play a critical role in keeping it safe. This includes handling data with care, applying encryption and access controls, and executing proper deletion once processing is complete.

If a data breach occurs or if a processor fails to follow the agreed upon terms, they can be held legally responsible, especially if negligence is involved. That’s why it’s crucial for processors to stay current on security best practices and to regularly review their compliance procedures.

Data Protection Authority (DPA)

Data Protection Authorities (DPAs) are independent public authorities that oversee GDPR compliance and enforcement in each EU member state. Typically, each EU member country has its own DPA that enforces the GDPR and other local or regional privacy laws, like the CNIL in France or Datatilsynet in Denmark. DPAs have the power to investigate GDPR violations, issue fines, and order organizations to take corrective actions.

Who has a duty to monitor compliance with the GDPR? DPAs, certainly, but organizations need to monitor data processing and security themselves every day. This includes which third-party vendors are handling user data.

Additionally, companies should enlist the help of legal counsel or a privacy expert to keep up with changes to the legal landscape as more countries implement and update data privacy laws.  

Another way is with a consent management solution, which can help to automate compliance with the GDPR and its requirements surrounding cookies.

How does GDPR enforcement work?

GDPR enforcement is decentralized but coordinated. Each EU member state designates a national DPA to oversee compliance within its borders. These authorities investigate complaints, conduct audits, and issue penalties when organizations fail to meet GDPR requirements.

In cross-border cases — when a company operates in more than one EU country or processes data from individuals across several member states — a lead supervisory authority is appointed. This authority streamlines enforcement. Oversight is further supported by the European Data Protection Board (EDPB), which helps apply the law consistently across Europe.

Enforcement can begin through various channels: user complaints, data breach notifications, proactive DPA audits, or cooperation among authorities. 

DPAs have broad power to investigate, restrict processing activities, or impose corrective actions. But they also serve in an advisory role, helping organizations improve their data handling and avoid future violations.

What are the exemptions under GDPR?

While the GDPR applies broadly, there are a few specific exemptions that limit its scope in certain contexts. 

• Personal or household activities: If data is processed purely for personal use, such as keeping a private contact list or sharing family photos, that processing is exempt from the GDPR.
• Law enforcement and public security: Activities involving crime prevention, national security, or public safety are typically regulated by separate legislation, such as the Law Enforcement Directive.
• Journalism, academia, art, and literature: These sectors may receive limited exemptions when data processing is necessary to balance freedom of expression with privacy rights.

Even in these cases, however, basic data protection principles apply to some degree, like fairness, transparency, and security. Organizations should seek legal advice if they believe their processing might fall into an exempt category.

What are the penalties for noncompliance with the GDPR?

GDPR penalties can be significant and reflect the severity of the violation. The regulation outlines a two-tiered structure.

1. Up to EUR 10 million or two percent of the organization’s annual global turnover, whichever is greater, for violations related to record keeping, security, and data breach notifications.
   
2. Up to EUR 20 million or four percent of global turnover, whichever is greater, for more serious breaches, such as unlawful data processing, lack of user consent, or violating data subject rights.

These fines are not automatic. DPAs take multiple factors into account when determining penalties, such as:

• Nature, gravity, and duration of the infringement
• Whether the violation was intentional or due to negligence
• Categories of data affected
• Efforts made to mitigate the damage
• Any past violations and/or history of compliance

In addition to financial penalties, data protection authorities can impose corrective actions. These may include temporary or permanent bans on processing, mandatory data deletion, or requirements to adjust data handling practices. 

Reputational damage can also be substantial, another reason why proactive compliance should be both a legal and strategic priority.

The largest GDPR fine to date was issued to US-based tech company Meta — parent company of Facebook, Instagram, WhatsApp, and others — in response to its handling of user data. The fine amounted to USD 1.3 billion. 

EU privacy regulators gave the company five months to stop transferring data from EU-based users to the United States. The EU and US have an “on again, off again” relationship with regards to international data transfers and adequacy agreements regarding data protection.

However, unlike some other data privacy laws, the GDPR does not include a “cure period.” In some jurisdictions, organizations may be allowed time to fix issues and avoid facing penalties. 

Under the GDPR, however, once a violation is identified, fines and corrective actions can be applied even if the organization remediates the issue right away.

Common GDPR compliance issues and challenges

GDPR compliance can be challenging, especially for small and medium-sized businesses. In many cases, it requires the appointment of a Data Protection Officer (DPO). In smaller organizations, that may mean assigning those duties to someone who already holds another role.

Common compliance challenges include:

• Understanding the organization’s specific compliance responsibilities
• Obtaining valid user consent
• Setting up and maintaining a consent management solution
• Implementing appropriate data security measures
• Complying with data subject rights requests in a timely manner
• Reporting data breaches to DPAs within 72 hours

Best practices for GDPR compliance

To stay compliant, companies should follow data protection and privacy best practices. Some actions are legally required in certain countries, while in others they are only recommended. It’s important to review both GDPR and local regulatory requirements to understand what applies to your business.

Best practices include:

• Conducting audits to fully understand the data you hold and data processing activities
• Conducting data protection impact assessments
• Implementing data protection policies and procedures
• Training employees on GDPR compliance
• Appointing a qualified and well-informed DPO where required
• Working with trusted third-party vendors and service providers that are GDPR-compliant and implementing clear and comprehensive contracts before data processing begins
• Using a comprehensive consent management solution to collect and store valid user consent on websites and apps

GDPR responsibilities and enforcement

Data controllers and data processors each have defined roles under the GDPR, and organizations should take steps to make sure those responsibilities are being met. 

That includes limiting how much personal data is collected, securing it properly and limiting access to it, and working only with trusted partners. Falling short can lead to more than just fines — it can erode user trust and hurt your reputation.

To stay on track, appoint a Data Protection Officer if needed, review your security practices, and make sure your vendor contracts are specific about data protection.

A consent management platform can also help keep things simple, enabling you to collect valid consent and stay transparent with users across your website and marketing tools.

It’s no secret that modern data privacy laws can have extensive compliance requirements. Understanding the differences between the GDPR, FADP, and other data privacy regulations can be challenging, especially for companies with global operations that need to comply with multiple regulations at the same time.

Given the potential task volume associated with compliance activities, it can be highly valuable for organizations to use compliance audit software for functions like:

• collecting, managing, and securely storing user data
• conducting risk assessments
• preparing and securely storing the needed documentation in the event of an audit

We’ll explore compliance audit platforms that can help your business achieve ongoing compliance with data privacy laws and easily manage potential audits of data processing operations.

Compliance auditing software overview

Our picks of the 8 best compliance audit tools

Internal audits are crucial for managing compliance within the stringent standards of the GDPR, CCPA, and other data privacy regulations. They’re also essential for creating a system that’s ready for the possibility of an external audit.

Building compliance into everyday operations helps your organization maintain regulatory standards and mitigate risks effectively, making an effective compliance audit tool a must-have.

The following tools offer a combination of privacy features — ranging from consent management to data privacy audits and risk analysis tools — that’ll help you keep ahead of compliance requirements and efficiently gather the necessary information needed for audits from an overseeing authority.

1. Usercentrics

Usercentrics is a leading consent management platform (CMP) that enables businesses to collect, manage, securely store, and signal user consent in accordance with major data privacy regulations, including the GDPR, CCPA, LGPD, and POPIA.

Usercentrics’ data privacy solutions primarily equip businesses to achieve data privacy compliance and maintain marketing performance. The platform also has a best-in-class data privacy audit feature. This helps you determine your current data privacy compliance risk level with the use of cookies and trackers on your website to prepare for — and ideally avoid — external audits.

In the event of an audit, Usercentrics has centralized and securely stored user consent information, making it easier for you to supply this to data protection authorities.

Notable features

• Data privacy audit: Scan your website for first- and third-party cookies to understand your compliance risk level with privacy regulations
• Centralization and security: Centralize and securely store consent records, making it easier to pull evidence in the event of an audit
• Smart data protector: Prevent third parties from collecting user data unless users have explicitly given consent
• Robust analytics and reporting: Get insights about user behavior to drive your privacy strategy
• Geolocation: Adhere to data privacy requirements in a particular country or region with banners that update based on the user’s location

Pricing

• 30-day free trial: for one configuration on one domain with up to 30,000 sessions
• Starter: USD 60/month (one configuration on one domain with up to 30,000 sessions)
• Advanced: USD 175–1,150/month (unlimited configurations, domains and sessions)
• Premium: Custom pricing for custom solutions

Pros	Cons
Easy to use (G2 user reviews)	Advanced features can be challenging to use, according to some G2 users
Extensive customization options
Robust compliance with major data privacy regulations

2. Sprinto

Sprinto is security compliance software built for tech companies. It offers its customers auditor-approved compliance programs that can be launched with a few clicks. It also provides functionality that is specifically targeted to auditors, including audit dashboards and dedicated audit managers. The platform is generally easy to use, but some users reviewing on G2 reported that a few features are difficult to learn.

Notable features

• Seamless certification: Build automated controls and checks to gain compliance with IS0 27001 and more, and store any evidence needed for external audits
• Centralization: Maintain a bird’s eye view via a compliance and audit dashboard
• Plan for audits: Set periods for each regulatory framework, business unit, business location, and controls, and prepare for multiple audits simultaneously

Pricing

Pricing is available on request.

Pros	Cons
Easy integration with existing tech stack (G2 user reviews)	Users reviewing on G2 would like more comprehensive documentation and guidance
A comprehensive solution (G2 user reviews)
Excellent customer support (G2 user reviews)

3. LEXCOMPLY

Listed as India’s leading governance, risk and compliance (GRC) technology provider on Capterra, LEXCOMPLY focuses on building simple, innovative, secure products that are fit for purpose. The company offers 13 risk and compliance management solutions but the platform doesn’t allow for integrations.

Notable features

• Compliance organogram: Get a bird’s eye view of internal and third-party compliance controls and risks
• Legislative updates: Receive notices about changes to the regulatory environment
• Real-time monitoring: Access granular compliance reports
• Risk audits: Run internal audits based on set controls and upload findings and recommendations to the system for actioning

Pricing

Pricing is available on request.

Pros	Cons
Complete compliance ecosystem	No third-party integrations
Secure, cloud-based data storage
Regular legal and compliance updates

4. VComply

VComply advertises helping businesses to automate and streamline their compliance, risk, policy, and audit management programs. The company touts a no-code solution for solving customers’ compliance management challenges, though per G2 user reviews, new users can experience a steep learning curve.

VComply’s solution includes multiple tools especially for managing audits, including a compliance calendar to plan and schedule audit activities.

Notable features

• Audit workroom: Track and record audit-related events for verification purposes
• Audit assessments: Evaluate the effectiveness of controls for mitigating risks
• Evidence management: Create a centralized repository for all audit-related documents
• Alerts and notifications: Receive real-time updates about audit-related tasks and issues

 Pricing

Pricing is available on request.

Pros	Cons
All-in-one compliance, risk, audit and policy management	Time-consuming to set up (G2 user reviews)
Free trial
Intuitive reporting dashboards (G2 user reviews)

5. AuditBoard

AuditBoard advertises its offering as an intelligent, collaborative, and connected risk management platform, and states its aim to help businesses elevate their audit, risk, sustainability, and compliance teams.

The company says their platform is designed to reduce the load of manual risk management, and includes AI functionality in workflows and the ability to get intelligent recommendations to leverage data.

Notable features

• Compliance audit templates: Streamline testing, issue remediation, and reporting
• Microsoft 365 integration: Integrate AuditBoard with Microsoft 365 programs to save time on document creation and updates
• Automated issue management: Gain real-time visibility into open issues and track their progress

Pricing

Pricing is available on request.

Pros	Cons
Versatile software (G2 user reviews)	It is cloud/browser-based only.
Intuitive to use (G2 user reviews)
200+ integrations

6. Diligent

Diligent advertises that the company enables businesses to continuously monitor and draw insights from data to anticipate risks and build resilience. The software makes it easy to generate documentation and keep records. It also notes that it enables you to deliver in-depth compliance and ethics training to your team using science-backed microlearning content.

Notable features

• ACL analytics: Leverage machine learning to analyze any data source
• Audit management: Consolidate key audit functions and maintain audit history
• Risk and control library: Manage and view all compliance risks and controls in one place
• Third-party manager: Audit and track risk associated with third-party relationships

Pricing

Pricing is available on request.

Pros	Cons
FedRAMP-certified solution	Many features only accessible via the app, according to G2 user reviews
11 languages supported
Easy to use (G2 user reviews)

7. Drata

Drata advertises that their platform is built by security and compliance experts, and automates evidence collection to enable compliance and audit readiness. However, pricing for this tool is nontransparent, and while there are over 170 integrations, it only allows one integration per category.

Notable features

• Audit hub: Manage tasks and evidence while enabling communication and collaboration in one location
• 170+ integrations: Connect existing data collection solutions to bring in evidence stored in those programs
• No-code solution: Build workflows and automations that meet your specific needs with a few clicks
• Trust center: Pull essential security documents and information to show potential partners and customers pertinent security information
• Automated access reviews: Manage user access to stay in compliance with data privacy regulations and legislation

Pricing

Pricing is available on request.

Pros	Cons
GDPR- and CCPA-compliant	No free trial or free version
Extensive documentation (G2 user reviews)
Dedicated account manager (G2 user reviews)

8. LogicGate

LogicGate advertises that they enable users to design end-to-end workflows using visualizations. They tout an all-in-one platform that aims to help businesses identify, evaluate, and mitigate risks, empowering you to comply with data privacy regulations.

They also note that they provide access to a team of governance, risk, and compliance experts for help and support at every stage of your compliance audit journey.

Notable features

• Risk cloud control repository: Connect internal controls and frameworks to identify gaps and overlaps across compliance regulations
• Internal audit management solution: Centralize all audit-related data for your organization to identify risks
• Automated control testing: Assign control tests, documentation requests, findings and solutions to appropriate owners
• Risk cloud documents: Understand which documents you need to pass your next control audit

Pricing

Pricing is available on request.

Pros	Cons
FAIR-focused risk analysis	G2 user reviewers note being unable to test changes before they go live
Effective implementation support (G2 user reviews)
Easy to build workflows (G2 user reviews)

Features of compliance audit management software

Compliance audit management software can simultaneously protect and drive smoother business operations and effective compliance management.

Your chosen platform must offer features that help you achieve complete data privacy compliance. The platform should:

• Enable adherence to requirements of applicable data privacy laws and regulations
• Provide a detailed list of compliance tasks for comprehensive maintenance operations
• Include robust risk assessment tools to identify, evaluate, and mitigate potential compliance risks

The software must also protect sensitive data through features like encryption, access controls, and audit trails to enhance data security and integrity​.

Build your compliance program with the top solution

To ensure compliance and audit preparedness, it can help to use a CMP. Integrating Usercentrics into your business’s tech stack can help you collect, manage and securely store user consent data in a way that helps you meet regulatory requirements. And with our data privacy audit feature, you can better understand your compliance risk with regard to first- and third-party cookies and trackers present on your website.

The information presented in this article is provided for educational purposes only. Engaging qualified legal counsel or privacy specialists regarding data privacy and protection issues and operations when evaluating solutions is always recommended. This information is accurate based on these publicly available sources as of the date of publication. Details about products, features, pricing, etc. may change over time.

The European Union (EU) has some of the world’s most stringent data privacy laws with the General Data Protection Regulation (GDPR) and ePrivacy Directive. The long proposed ePrivacy Regulation would have brought changes to data protection and cookie consent and broadened the scope of which organizations would have been impacted.

As of early 2025, however, the data privacy landscape in the EU has changed significantly from the one regulators were planning for in prior decades. We look at what the ePrivacy Directive is, how data privacy and processing are protected today, and what the future looks like.

What is the ePrivacy Directive (ePD)?

The EU ePrivacy Directive (sometimes known as the “cookie law”) was enacted in 2002 and updated in 2009. It specifically addresses privacy issues in electronic communication.

The ePD mandates: 

• Confidentiality of communication over public networks
• Prior user consent for cookie use
• Setting guidelines for the security of electronic communication services
• Regulation of direct marketing practices

Cookie consent banners became more prominent after the ePrivacy Directive’s enactment, as they are a practical way to provide required notifications about data collection and use, and to obtain explicit and granular consent from users on websites, apps, or other connected platforms.

The ePD is required to be incorporated into national laws of EU member states, leading to variations in enforcement across the Union. It is not a pan-EU regulation, however, like the General Data Protection Regulation (GDPR).

In November 2023, the European Data Protection Board (EDPB) issued new guidelines that widened the scope of technologies covered under the directive.

Who does the ePrivacy Directive apply to?

The ePD applies to organizations that provide electronic communications services or process personal data from EU residents. The groups that the ePD primarily applies to include:

Businesses that process personal data: Whether they are located in or outside the EU, companies engaged in digital marketing, tracking via cookies, or otherwise using digital means to collect personal data via websites or other digital services.

Third parties using tracking technologies: Any third parties, like social media platforms, advertisers, or analytics providers, that use cookies or other tracking technologies on websites or apps to track user behaviors or activities.

Electronic communications services providers: Like internet service providers (ISP), telephone service providers, or public communications networks, which enable electronic communications and collection of personal data.

Website operators: For sites that use cookies or other tracking technologies to collect information about site visitors, customers, etc.

What actions does the ePrivacy Directive prohibit?

The ePD includes a number of specific prohibitions to protect users’ privacy rights:

• Any interception, storage, monitoring, scanning, or otherwise surveilling of electronic communications data by anyone other than the end users (unless expressly permitted by the regulation)
• Use of tracking technologies for non-technically necessary purposes without obtaining explicit consent
• Gaining access to information stored on a user’s terminal equipment (e.g. phone or computer) without their consent
• Sending unsolicited electronic communications or spam, covering unsolicited emails, text messages, and automated calling systems
• Processing metadata derived from electronic communications (such as location data, call times, and recipient information) without user consent or another legal basis

How has the ePrivacy Directive been updated?

Article 5(3) of the ePrivacy Directive provides that before a company or website can store information on or get information from a user’s device (like a computer or smartphone), they must obtain prior consent from the user.

Under the Guidelines 2/2023 on the Technical Scope of Article 5(3) of ePrivacy Directive, the European Data Protection Board (EDPB) expanded the ePD’s application for storing or accessing information on a user’s device.

The EDPB adopted a wide reading of what constitutes terminal equipment (like smartphones or personal computers) and the nature of information, suggesting that many digital tracking methods will require prior consent unless they are necessary for delivering a requested service.

The guidelines specifically address the use of several modern tracking technologies that have become prevalent in digital marketing and online tracking.

URL and pixel tracking

Tracking pixels are tiny images embedded in websites or emails, linked to a server. When an email containing a tracking pixel is opened or a web page with a tracking pixel is visited, it allows the server to record the action and capture details, such as the time the email was opened, the IP address of the recipient, and the type of device used. URL tracking links to websites help identify where visitors come from.

Local processing

Sometimes, websites use APIs to access information stored on a user’s device, such as location data. If processed information is made available over the network, it is considered gaining access to stored information under ePD guidelines.

Tracking based on IP address only

Some technologies rely only on the collection of the IP address for the tracking of users. If the IP address originates from the terminal equipment of the user, Article 5(3) of the ePrivacy Directive would apply.

Internet of Things (IoT) reporting

Under ePD guidelines, companies require user consent for data collection and processing by devices connected directly or indirectly to the internet. This applies to smart devices like fridges or fitness trackers, whether they send data directly or through another device like a smartphone.

Unique Identifier

Unique Identifiers (UID) are special codes that are attached to a user’s online data to signify that it belongs to the user. It often comes from persistent personal data, or personal information that doesn’t change much over time, such as email addresses, usernames or account IDs, or date of birth.

UIDs are used to recognize users across different websites or apps. When a website tells a user’s browser to send this data, it’s accessing information on the device and invokes Article 5(3) of the ePD.

What is the ePrivacy Regulation (ePR)?

The proposed ePrivacy Regulation was a legal framework that was intended to update and replace the existing ePrivacy Directive, giving it jurisdiction across the EU.

The primary focus of the proposed ePrivacy Regulation was to enhance privacy protections in electronic communications beyond traditional telecommunications providers, including the text, images, speech, videos, and metadata.  The proposed regulation would also have covered communication services like instant messaging applications, VoIP services, and email.

Who would the ePrivacy Regulation have applied to?

The ePrivacy Regulation would have applied to any business processing data in connection with any form of online communication service, using online tracking technologies, or engaging in electronic direct marketing, including both natural and legal persons involved in electronic communication.

Examples of organizations to which the ePR would have applied:

• Website owners
• Owners of apps that have electronic communication as a component
• Natural or legal persons sending direct marketing communications
• Telecommunications companies
• Messaging service providers (e.g. WhatsApp, Facebook)
• Internet access providers (e.g. a café providing open Wi-Fi access)
• Providers of machine-to-machine communications (Internet of Things)

What happened to the ePrivacy Regulation?

The proposal to expand the ePD and implement the ePR dates back to 2017. The plan was to make it a full regulation to complement the GDPR to protect privacy and personal data in electronic communications in the EU. The ePR would also have had extraterritorial scope. However, the process was delayed for quite some time.

The ePR was officially withdrawn by the European Commission on February 5, 2025 after legislators could not reach agreement on the plan and it was noted that the proposal was growing increasingly dated. The Commission noted that, after years of delays, “The proposal is outdated in view of some recent legislation in both the technological and the legislative landscape.”

Did any law replace the intended ePrivacy Regulation?

The ePrivacy Directive’s guidelines remain in place for EU member states. Also, European Commission spokesman Thomas Regnier has noted that the Digital Services Act (DSA), which came into effect in November 2022, provides a “strong framework to ensure a high level of privacy, especially for minors (Article 28)”.

Among other functions, the DSA regulates use of personal data for advertising. Platforms must obtain prior consent from EU audiences to use their data for advertising. The DSA also bans the use of minors’ data for targeted advertising and prohibits the use of data categorized as sensitive, such as health information or religious or political views, for ads as well in most cases.

Do all cookies require consent under the ePrivacy Directive?

No, under the ePrivacy Directive, cookies that are “strictly necessary” for the delivery of a service explicitly requested by the user do not require consent. These cookies are essential for the basic functioning of the website or to provide the service the user has directly requested, including the following kinds of cookies and uses:

• Maintaining the state of a user’s activities on a website during a browsing session, such as maintaining logged-in status, or the contents of an ecommerce shopping cart
• Supporting security features and to help identify and prevent security risks
• Remembering information entered by the user, such as username, language, or region, to provide a more personalized experience

While these cookies are exempt from the consent requirement, you are still expected to inform users about the use of such cookies, typically via a cookie and/or privacy policy.

How does the ePrivacy Directive compare to the GDPR?

The GDPR and ePrivacy Directive share several similarities, including:

• Passed by the European Parliament and Council
• Goal of aligning data privacy laws across the EU
• Apply to processing and protection of personal data of individuals residing in the EU, with extraterritorial scope
• High fines for noncompliance

There are, however, some major differences between the two regulations, which are outlined in the table below.

When will the ePrivacy Regulation come into force?

The ePrivacy Regulation was initially intended to come into effect alongside the GDPR on May 25, 2018, but was not adopted. The EU Council published a draft, finalized on February 10, 2021, which was then in negotiations between the Council and European Parliament.

If the draft had been approved, it would have passed into law in all 27 EU member states, and there would have been a two-year period before the regulation would be enforced.

As the ePrivacy Regulation has been abandoned by the European Commission, the future status of the regulation or replacement legislation is seriously in doubt.

What are the penalties for ePrivacy Directive violations?

Penalties for ePD violations are levied by data protection authorities of individual EU member states, and a variety of fines have been imposed for breaching cookie consent rules.

The ePD uses the same tiered system for fines as the GDPR, so EUR 10 million or two percent of annual global turnover (whichever is greater) for first-time or less severe infractions, or EUR 20 million or four percent of annual global turnover (whichever is greater) for repeated or more serious infractions.

Additionally, individuals who suffer material or non-material damage as the result of a violation of the ePD have the right to compensation from the organization that committed the violation.

France’s CNIL has levied a number of large fines against large tech platforms — including Google, Facebook (Meta), Amazon, and Tiktok — for ePD violations, in some cases repeatedly over several years.

What is the future of EU privacy regulation and data protection?

The ePrivacy Directive is aging rapidly, as is the GDPR. When the ePD was last updated in 2009, the iPhone was only two years old and TikTok was years away.

The EU has since passed a number of laws to protect consumers and data privacy from various angles, but the challenge of creating regulations that remain valid for many years and also reflect rapidly changing business and technology landscapes remains constant.

Laws like the DSA and Digital Markets Act (DMA) also aim to protect personal data in part, and privacy is built into regulations that are peripherally related, like the AI Act. Decisions by the European Court of Justice also provide valuable information to guide enforcement.

With or without the ePrivacy Regulation, transparency and valid consent remain central to regulatory compliance (in the EU and around the world), building trusted and long-term customer relationships, and developing your Privacy-Led Marketing strategy.

Usercentrics CMP is automatically updated to help you stay compliant with evolving privacy regulations that are relevant to your business without requiring a lot of manual intervention. Notify your users, provide consent choices, and show your respect for customers’ privacy every day.

Usercentrics does not provide legal advice, and information is provided for educational purposes only. We always recommend engaging qualified legal counsel or privacy specialists regarding data privacy and protection issues and operations.

Marketers, designers, and developers need high quality data to deliver optimal online experiences and grow their businesses. A lot of that data comes from your audience and their activities on your website.

To collect that data in a way that respects data privacy laws and users’ privacy means that you need to be transparent and provide consent options. Laws like the GDPR and CCPA require you to inform people about what data you collect, how you use it, and what their rights are. 

Different laws in different regions also require you to obtain user consent before collecting data, or provide granular options about what data uses that users can accept or decline, or enable them to opt out of various data uses.

Not to mention that there are an increasing number of business requirements for companies that rely on important platforms like Google’s to provide proof of consent if your company uses them for advertising, analytics, and other key marketing functions.

Smart consent management strategy with Webflow and Usercentrics enables you to meet data privacy requirements, build trust with your audience, and protect your marketing efforts and growing business. 

Provide clear information and user-friendly consent options that match your brand and that are customized to where your users are located.

We look at why you need a Webflow cookie banner, how it benefits your data privacy compliance and marketing performance strategies, and how to set it up. Support customer-friendly Privacy-Led Marketing and Webflow cookie consent.

Why your Webflow website needs a cookie banner

Let’s look at why having a Webflow cookie consent banner on your website is so important for your business. Then we’ll cover the setup process.

No disruption to your Google services campaigns

Google Ads campaigns are popular among Webflow website owners for generating traffic, especially with retargeting. Government regulations aren’t the only requirements business owners need to navigate today. Large tech platforms that many businesses rely on are also implementing and enforcing privacy-centric policies. 

Setting up Webflow cookie consent via Usercentrics CMP and displaying a user-friendly and privacy-compliant consent banner enables you to maintain access to Google services that your business relies on. This includes key features like Google Ads’ personalization and remarketing.

Usercentrics CMP is Gold Tier certified with Google’s CMP Partner Program, and comes with Google Consent Mode v2 built in. Start collecting and signalling compliant consent right from implementation.

Get the required consent information from your users, securely store it for regulatory requirements, and signal it via Consent Mode to Google Services. This controls the firing of tags for ads, analytics, and other services to comply with user consent requirements for users in the US, EU, and around the world.

With Google Tag Manager, it’s easy to get up and running with Usercentrics CMP on your Webflow website.

Embrace Privacy-Led Marketing

Marketing performance strategy and optimization is already a full-time job, but it grows more complex every day.

Marketers have to stay abreast of evolving privacy regulations, changes in tech platforms’ policies and functions, the expectations of customers and prospects, and more. 

The risks of data breaches and other privacy violations go far beyond just fines and legal penalties.

They can irreparably damage your brand reputation and customers’ trust. They can require time- and resource-consuming remediation activities, like ongoing audits. And they can discourage potential new customers, partners, investors, and advertisers.

Your Webflow cookie consent banner can be a powerful tool, especially combined with a clear Webflow cookie policy, to enable you to achieve and automate privacy compliance, and maintain access to the business platforms you rely on. 

Plus, you keep your customers happy that their privacy concerns are being addressed. Which means higher long-term engagement and more valuable data to boost your marketing efforts.

Steps to add a cookie banner to your Webflow website

We will walk you through the steps to ensure you have the accounts and access you need, and that your tags are set up to respond to consent signals correctly.

Set up your Google Tag Manager account

The easiest and most streamlined way to set up and control services on your Webflow website is by using Google Tag Manager to conditionally load scripts.

If you have a Google Tag Manager account already, you’re all set to get started. If not, create one for free.

Once your account is active, you can use it to set up Usercentrics CMP and to configure the tags that require user consent. Next we’ll cover the Usercentrics CMP setup and customization, then later we’ll get back to Webflow and how to add the CMP to your account.

You can refer to our Usercentrics CMP setup guide as well.

Sign up for your Usercentrics account

Go to the Free Trial page, then click the Usercentrics Web CMP tab. Click START FREE to get started with your 14-day free trial by providing the required information to set up your 

Usercentrics account. 

Configure your banner in the Usercentrics Admin Interface

Once your new account is set up (or you’re logged in if you already have an account), it’s time to set up your configuration. In the Admin Interface, click Configuration. This section is where you’ll add information about your domain (your Webflow site), where you’ll display the banner, your language preferences, and more. 

Initial website scan

In the Admin Interface, click Service Settings, then click the Initial Website Scan button to start the first scan of your Webflow website. This will detect the cookies and trackers (Data Processing Services, or DPS) that are in use. 

Once the scan is completed, it will generate your scan report, which you can see under the DPS Overview.

Categorize the Data Processing Services

Usercentrics CMP will automatically categorize the DPS for you that were detected in the initial scan. Essential, Functional, and Marketing are included by default. You can edit the classifications, or manually categorize anything that comes up as unclassified. You’ll do that under Service Categories, which includes predefined categories or enables you to define your own. 

Add the Data Processing Services

Use the list of DPS from the initial scan report to add all the relevant cookies and other trackers in use on your website. Click Add Service to the right of each DPS listing in the Admin Interface.

This will add them to the CMP, enabling users to access and control their consent preferences by category. Your list of DPS can also be added to your Cookie Declaration. 

Note: Scripts for the DPS may need to be adjusted to enable blocking until consent is obtained. Get more information in our guide.

Customize the appearance of your consent banner

Click the Appearance tab to get started customizing how your consent banner will look. Under the Styling tab you can adjust the brand styling, fonts, logos, and more. 

Under the Layout tab you can customize the settings for the banner’s first and section layer settings and the Privacy Trigger. That’s a shortcut that visitors can use to update their consent preferences on future visits to your website. 

Click the Content tab to start customizing the text, links, and other elements that users will see and read on your consent banner. Usercentrics CMP supports 60 languages, and you can customize the banner here for relevant legal frameworks, like the “Do Not Sell Or Share My Personal Information” link required by the CCPA. 

Implement the Usercentrics CMP on your Webflow website

Now you will add the Google Tag Manager snippet to your Webflow website. Please note that you will need a Basic, CMS, or Business Webflow account in order to be able to add scripts to your Webflow website.

Login to your Webflow account and ensure that you are in Design mode. You can select this at the top left of the menu. Click the + button to open up the menu of options you can add, then scroll down to the Advanced section. Click on Code Embed.

Add your Google Tag Manager snippet. You must replace “GTM-XXXXXX” in the last line with your own Google Tag Manager Container ID.

If you exclusively use Google Tag Manager to load third-party scripts, remember to configure them to require “additional consent” so cookies will be set without prior consent if that regulatory requirement is relevant to your business and website.

<!-- Google Tag Manager -->

<script>(function(w,d,s,l,i){w[l]=w[l]||[];w[l].push({'gtm.start':

new Date().getTime(),event:'gtm.js'});var f=d.getElementsByTagName(s)[0],

j=d.createElement(s),dl=l!=’dataLayer’?’&l=’+l:”;j.async=true;j.src=

‘https://www.googletagmanager.com/gtm.js?id=’+i+dl;f.parentNode.insertBefore(j,f);

})(window,document,’script’,’dataLayer’,’GTM-XXXXXX’);</script>

<!– End Google Tag Manager –>

Monitor your cookie and tracker usage regularly

The Usercentrics CMP runs a daily website scan and automatically sends the report to your inbox when it’s complete. We recommend regularly checking your scan report to make sure all the cookies and other tracking technologies in use on your site are correctly classified and have a purpose description. 

Marketing operations evolve quickly, so this is one way to stay ahead and make sure only the cookie categories that your users have consented to are activated. The scanner also automatically updates your Cookie Declaration to accurately reflect your Webflow website’s cookie usage.

Usercentrics CMP helps protect your business and grows with you

Usercentrics CMP makes it easy for you to meet regulatory requirements no matter where you do business. Keep your customers informed about your data processing and their privacy rights to build trust. 

Also stay on top of the cookies and other tracking technologies that you’re using to collect data, so you can provide accurate information and valid consent options, and compliantly control your data collection and use. Build a Privacy-Led Marketing strategy that scales.

In just a few steps, you can set up a cookie banner on your Webflow website that looks great, is user-friendly, and helps protect your business. Check out our opt-in optimization whitepaper for more information about optimizing user experience and consent rates. 

Show customers that you respect their privacy, get the high quality marketing data you need, and get automated peace of mind regarding your legal obligations.

Companies rely on data to create more personalized customer experiences, improve their products, and gather information about target audiences and their preferences. However, data protection laws, tech platforms’ policies, and guidelines are evolving around the world. 

Consent management must be done thoughtfully to meet consumer expectations, legal requirements, and tech integration specifications. Otherwise, brands risk hefty fines, loss of data, and damage to their reputations and customers’ trust.

Still, compliant consent management is achievable. In this guide, we dive into everything you need to know about how to obtain, manage, and signal consent in a way that enables compliance with data privacy requirements and business specifications, and still delivers a great user experience. We also explain how a consent management platform can simplify this process.

What is consent management?

At its core, consent management is about providing ecommerce customers, website visitors, app users, and others with clear choices to agree to or decline the collection and use of their personal data on websites, apps, and other connected platforms. 

It also requires documenting and securely storing the information once users agree to share it. For companies, customer consent management is a critical component of achieving data privacy compliance and maintaining customer trust.

What is the difference between consent and preference management?

While they might seem like similar concepts, consent management and preference management serve different purposes. Ideally, both concepts work together to enable great customer experience.

Consent management is primarily about obtaining legal permission to collect and use personal data, as required by privacy regulations, and, increasingly, by tech platforms’ policies. It involves users opting in or out of data collection and processing for specific purposes, an exercise of their rights under legal mandates and the requirements of platforms companies rely on for advertising, analytics, and more.

Preference management, on the other hand, enables users to customize their experience and communication preferences with a company. This might include choosing email frequency or communications topics of interest.

While consent management focuses on the legal aspects of data collection and usage, preference management is more about enhancing the user’s experience and personalization. It’s also a great source of zero-party data, which is highly sought by companies for marketing functions because it comes directly from the customer.

Typically, consent management is implemented through cookie banners and opt-in forms, whereas preference management is facilitated via preference centers or account settings. Both practices aim to give users more control over their interactions with a company, but they address different aspects of user engagement and data handling. The ultimate goal is holistic — to enhance marketing operations and provide better personalized experiences driven by both user consent and preferences.

Global consent management laws

Consent management laws are regulations that dictate how businesses must collect, handle, and manage the consent that individuals provide for access to their personal data. Depending on the laws in place where the business operates or their customers are located, requirements may affect all businesses, only those of a certain size, or those engaged in certain types of data handling. 

General Data Protection Regulation (GDPR)

Probably the most influential consent management law of the “modern era” of data privacy was introduced in 2018 in the European Union. The General Data Protection Regulation requires companies to ask for permission before collecting or processing the personal information of EU residents if they monitor people or offer them goods or services.

Consent management, in the context of the GDPR, refers to the process of obtaining, recording, and managing user consent for the collection and use of personal data. Key aspects of GDPR consent management include:

• Explicit consent: Users must actively opt-in to data collection and processing
• Specificity: Consent must be specific to each purpose for which data is collected
• Informed consent: Users must be clearly informed about what data is being collected and how it will be used
• Freely given: Consent cannot be coerced or bundled with other terms
• Withdrawable: Users must be able to withdraw their consent as easily as they gave it

European Data Protection Board (EDPB)

The European Data Protection Board’s guidelines for consent, published in 2020, align with the GDPR consent requirements.

The European Data Protection Board is an independent European body that is responsible for ensuring consistent application of data protection rules across the European Union and European Economic Area (EEA), and promoting cooperation among EU Member States’ national data protection authorities. 

The EDPB was established with the General Data Protection Regulation (GDPR) and issues guidelines, recommendations, and binding decisions to harmonize data protection enforcement, resolve disputes, and ensure that individuals’ rights to privacy and data security are upheld across the EU.

Data privacy regulations around the world

Since the GDPR’s enactment, consent management has become an integral part of data privacy compliance, and several other data privacy laws have been passed and implemented, including the following.

• The Digital Markets Act (DMA), which requires designated “gatekeeper” platforms to obtain explicit user consent before collecting or using personal data for certain purposes, such as online advertising or combining data from different services.
• Both the California Consumer Privacy Act (CCPA) its amendment, the California Privacy Rights Act (CPRA) in the United States require businesses to obtain explicit consent from consumers before collecting or using sensitive personal information. This can include precise geolocation data, racial or ethnic origin, or biometric information. Additionally, the CPRA mandates that businesses provide clear and conspicuous methods for consumers to opt out of the sale or sharing of their personal information. Methods may include placing a “Do Not Sell or Share My Personal Information” link on business websites.
• The Brazilian Lei Geral de Proteção de Dados / General Data Protection Law (LGPD) states that consent must be “free, informed and unambiguous.” In other words, it must be given voluntarily, after receiving clear information, and through a specific, unequivocal action. The law requires that consent be obtained for a specific purpose, that users can revoke consent at any time, and that special provisions are in place for obtaining consent for processing children’s data. 
• Canada’s Personal Information Protection and Electronic Documents Act (PIPEDA) requires organizations to obtain meaningful consent from individuals before collecting, using, or disclosing their personal information. Consent is considered valid only if it is reasonable to expect that individuals understand the nature, purpose, and consequences of the personal data processing. 
• China’s Personal Information Protection Law (PIPL) requires that consent for processing personal information must be voluntary, explicit, and informed. Individuals must have a clear understanding of the purpose, method, and scope of data processing. Additionally, the law mandates separate consent for processing sensitive personal information, sharing data with third parties, and transferring data overseas.
• Japan’s Act on the Protection of Personal Information (APPI) recognizes that consent is necessary for specific circumstances, such as when handling sensitive personal information or transferring data to third parties. However, it does not require consent for all personal data processing activities.

While each law is different, you may notice a common theme: each regulates consent management as part of its requirements.

How to collect consent: Two different consent models

There are two main types of consent that companies need to be aware of. Depending on relevant laws or policies, these determine how organizations obtain permission from individuals to use their personal data.

Opt-in consent

Also known as explicit or prior consent, opt-in consent requires users to actively give their permission before or at the time when any non-essential cookies are set or personal data is otherwise collected. This method typically involves clicking an “Accept” or “Allow” button. It is designed to comply with strict data protection regulations like the GDPR. 

Opt-out consent

Also known as implied consent, opt-out consent operates on the assumption that the law allows cookies to be set or other data collection mechanisms to be used by default unless the user specifically takes steps to opt out. Typically, however, laws with this consent model require users to be able to easily opt out of data use for various purposes, like targeted advertising, at any time.

The opt-out consent model is generally not compliant with stricter data protection laws like the GDPR. The United States is currently the most known for using this model for its data privacy regulations, and employs it in state-level data privacy regulations to date.

Even in opt-out consent models, there are usually some forms of data that do require prior consent. Typically, these include sensitive data and data belonging to children.

What consent management involves at every stage of its lifecycle

Many organizations assume consent management begins and ends with cookie consent banners, but in reality it involves much more. Organizations must handle consent throughout its entire lifecycle — from when users first give consent to storing their choices, enabling users to withdraw or update their consent, and eventually deleting records when necessary.

Here are the key aspects of consent lifecycle management:

1. Obtaining user consent: To start, organizations must clearly inform users about what data is being collected, how it will be used, and who will have access to it, among other information. Explicit consent must be freely given, specific, informed, and unambiguous. This also includes making consent easy to understand, offering granular choices (e.g. different permissions for analytics, marketing, or third-party data sharing), and ensuring users can make changes or revoke consent later.
2. Recording consent: Organizations must keep detailed records of when and how consent was obtained, along with any changes to preferences over time. Maintaining records should include storing the exact consent text users agreed to, tracking timestamps, and logging any updates to consent.
3. Managing consent: Users must have easy ways to review, modify, or withdraw consent at any time. This means providing simple tools for them to access their settings and update consent and preferences when there are changes to data processing activities or policies.
4. Enforcing consent: Customer data must only be collected and processed according to the specific consent users have given. Organizations must prevent tracking that goes against user consent or legal requirements or cease tracking as soon as possible per legal requirements if a user revokes consent.
5. Auditing and compliance: Maintaining a clear audit trail of consent activities and being able to supply the information is critical for demonstrating compliance with regulations like the GDPR and responding to data subject access requests (DSARs) (aka data subject requests).
6. Updating and renewing consent: When data collection practices change, organizations may need to obtain updated consent from users. If an organization starts using data for a new purpose, changes or begins to work with new technologies or vendors or updates policies, they must notify users and give them the chance to accept or decline new terms.
7. Consent expiration and deletion: Some regulations require consent to be refreshed or re-obtained periodically. Organizations must respect expiration dates when applicable and delete or anonymize data when consent is withdrawn or no longer valid or the purposes for data processing have been fulfilled.

What is a consent strategy?

A consent strategy is the approach an organization takes to obtain, manage, and apply user consent for data collection and processing. It determines how the organization requests consent, what choices they provide users, and how they balance compliance with data privacy laws, user experience, and data collection needs.

While consent strategy and consent management may seem similar, they serve different functions.

Consent management focuses on the operational aspects of handling consent, such as obtaining, storing, and updating consent throughout its lifecycle. It focuses on technical and legal details, such as logging consent records and providing opt-in or opt-out mechanisms. 

In contrast, a consent strategy is the overarching approach that guides an organization’s decisions about how to handle consent. It aims to meet regulatory requirements while supporting business objectives and maintaining a positive user experience. This strategy influences various aspects of consent management, including:

• Determining whether to implement opt-in or opt-out consent models based on legal requirements and business needs
• Deciding how to present consent choices to users, including consent banner design, the wording of consent requests, and their placement on websites or apps
• Striking a balance between maximizing compliance and trust while still gathering valuable zero-party and first-party data for marketing and analytics

Types of consent strategies and their impact

Different consent strategies shape how businesses collect data, engage with users, and comply with regulations. Some prioritize strict adherence to privacy laws, while others focus on minimizing user friction. To balance these factors, many organizations adopt a hybrid approach. What strategy you choose will affect data collection, marketing performance, and user experience.

• High-control consent strategy: Prioritizes regulatory compliance and privacy rights with strict opt-in mechanisms and granular control. This strategy builds trust but may reduce data collection and marketing reach.
• Low-friction consent strategy: Minimizes disruptions with simplified consent requests, often using opt-out mechanisms where permitted. It supports data collection and marketing efforts but may risk noncompliance with strict regulations, potentially leading to fines and reputational damage. It may also adversely affect user trust.
• Hybrid: Adapts consent mechanisms based on regional laws and business needs. It balances compliance, data collection, and user experience. However, it does require careful implementation to avoid confusion for global users. Tactics that can be beneficial include contextual consent.

Why is consent management important?

In many countries, consent management is a legal requirement, and failing to manage user consent preferences properly can lead to significant fines and legal challenges. Beyond regulatory obligations, it also affects business operations. Organizations that do not meet consent signaling requirements when doing business in regions like the EU that require it may lose access to advertising revenue from platforms like Google’s.

Giving users control over their personal data also leads to better business outcomes. It directly improves customer trust, marketing effectiveness, and operational efficiency.

Consumers are increasingly aware of how their data is used, and many make purchasing decisions based on privacy practices. A 2024 Cisco survey found that 75 percent of consumers will not buy from organizations they don’t trust with their data. Implementing a strong consent management process helps to build credibility with users by demonstrating a company’s commitment to privacy.

Explicit, opt-in consent enables businesses to respect customer preferences and increase the likelihood of being trusted with more data, enabling highly personalized marketing and a better user experience. 

When consumers actively choose to share their data, the resulting information tends to be more accurate and valuable than data gathered via passive methods. This higher quality data reflects genuine interests and behaviors, and leads to better insights, more effective marketing strategies, and improved customer satisfaction.

Consumers who agree to receive marketing messages and choose their preferred formats and topics are more likely to engage and convert. Their consent signals direct interest in the brand, which naturally leads to stronger leads and improved conversion rates.

Targeting only consenting users who have expressed interest in specific products or services can also make marketing campaigns more cost-efficient. This approach means businesses can allocate their budgets more effectively, improve ROI, and optimize future campaigns based on clearer customer insights.

Perhaps most importantly, a consent-based approach also strengthens brand reputation. Consumers increasingly avoid companies they don’t trust. Providing customers with control over their personal data helps build loyalty and long-term relationships.

What is a consent management platform (CMP)?

A consent management platform (CMP) is a software solution designed to help organizations collect, manage, and store user consent in compliance with data protection regulations such as the EU’s GDPR, California’s CCPA/CPRA, and Brazil’s LGPD.

A CMP like Usercentrics CMP makes it easier to obtain legally compliant user consent through mechanisms like customized and branded cookie banners with multi-language support, and the use of A/B testing to increase your opt-in rates. This approach supports transparent consent collection while enabling users to easily modify or revoke their choices.

Comprehensive consent management solutions also track and record consent preferences, and provide a centralized repository that organizations can use to demonstrate compliance in the case of a regulatory audit. Or, if a user submits a data subject access request for a copy of their personal data, including their consent history. 

By automating and streamlining consent management, CMPs not only help businesses adhere to legal requirements but also enhance user trust by giving individuals greater control over their personal data.

How does a consent management platform work?

A consent solution like Usercentrics CMP helps businesses manage the entire lifecycle of personal data while meeting consent requirements.

When a user visits a website, Usercentrics CMP displays a customizable consent banner or popup that informs visitors about data collection and provides consent options. The second layer of the banner is commonly where users can access more detailed information about the types of data being collected, how it will be used, third parties that may have access to it, and other required notifications. 

Users can then manage their cookie consent by accepting or rejecting different categories of data collection and processing. For example, cookies for marketing, analytics, and other purposes.

Once a user gives consent, the Usercentrics CMP records and stores this information securely in a central repository. This enables proof of compliance in the case of a regulatory audit. Our platform also communicates these consent preferences to other systems and any third-party vendors involved in data processing, such as analytics tools or advertising partners. 

For example, Usercentrics CMP integrates with the latest version of Google Consent Mode to signal user preferences to Google services. This enables organizations to align their consent collection processes with widely used platforms and tools.

Usercentrics CMP also enables up to date and ongoing user consent management. The scanner automatically detects and blocks cookies before user consent is obtained, and regularly scans your website to keep cookie lists up to date.

How CMPs automate compliance

CMPs automate compliance by handling key aspects of consent management, from regulatory adherence to integration with marketing and analytics tools. These are some important elements of effective automation.

• Regulatory compliance: Automatically scans for and detects cookies and trackers in use so notifications and consent options are accurate. Maintains audit logs and consent records, so businesses can demonstrate compliance with privacy laws like the GDPR, CCPA/CPRA, and LGPD if audited.
• Integration with existing tools: Automatically syncs consent signals across systems like Google Consent Mode, Meta Pixel, Google Tag Manager, CRM systems, email marketing platforms, and analytics tools.
• Tag and script management: Dynamically blocks cookies and tracking scripts until valid consent is obtained where legally required, supporting privacy compliance and protecting data integrity.
• Cross-platform functionality: Manages consent across websites, apps, and other connected platforms, providing users with a consistent and automated consent process.
• Analytics and reporting: Tracks consent trends, opt-in rates, and compliance status in real-time, helping businesses adjust their practices in line with user preferences.

CMPs automate the most labor-intensive compliance activities, helping businesses reduce errors, improve efficiency, and adapt to fast-changing privacy requirements.

How to choose the right CMP for your company?

Choosing the right CMP depends on your company’s specific needs, industry, and regulatory environment. Consider the following factors.

• Regulatory compliance support: Does the CMP align with privacy laws relevant to your business (e.g. GDPR, CCPA), stay up to date, and maintain auditable consent records?
• Integration compatibility: Can the CMP connect seamlessly with tools like Google Consent Mode, email marketing platforms, and CRM systems?
• Customization and scalability: Does the platform offer flexible branding, language localization, and support for multiple domains to match your user base?
• Ease of implementation: Does the CMP offer no-code deployment options for simpler setups and/or developer-friendly features for advanced customization?
• Analytics and insights: Does the CMP provide reports on interactions, opt-in rates, consent trends, and other metrics to refine your consent strategies?
• Pricing structure: Do the pricing model and plans align with your budget and operational scale?

Your company may only need to comply with one regulation for now. For instance, if you have a simple website and an audience or customer base located in a limited area (e.g. only in the region covered by the GDPR). 

In that case, many CMPs can get the job done, and a number of them offer basic features for free. Still, be sure to check the CMP’s functionality against the requirements of relevant regulations, frameworks, or business stipulations, like the latest ones from Google.

Larger organizations will likely require more robust and scalable functionality, multi-regulation and language support, and full customization and branding options. An enterprise-grade consent management platform that offers advanced features, customization options, extensive integrations, and seamless scalability might be a better fit. 

These enterprises likely need to achieve compliance with multiple regulations across many sites and platforms, and so have more complex needs than smaller organizations.

Usercentrics CMP and consent management

Usercentrics understands how important privacy is to both you and your customers, but also that you need data for marketing operations. That’s why our solution can help you organize and oversee the entire consent management lifecycle. 

Usercentrics provides more than 2,200 legal templates to save time and resources and make it easier to set up the processes your company needs for compliance. Our platform also offers a Preference Manager that easily integrates into the Usercentrics CMP.

From obtaining compliant consent to staying up to date with in-use cookies and evolving regulations, Usercentrics simplifies and streamlines the consent management process.

It’s not just companies that consumers do business with online that collect and use personal data. Data brokers — also known as information brokers — access, aggregate, and sell huge amounts of personal data. This often happens without the knowledge or consent of the individuals the data belongs to, but is done legally.

Data is big business, too. The data brokerage market value is nearly USD 434 billion for 2025. We look at what data brokers do, how they obtain personal data and what they do with it, what laws they have to comply with, and what people can do if they don’t want data brokers to have their information.

What are data brokers?

Data brokers are companies that collect, analyze, aggregate, and sell consumer data. This data is collected from a variety of sources, including individuals’ online activities, social media platforms, forms and surveys, financial transaction records, and public records. 

These companies often perform various kinds of aggregation, augmentation, analysis, and repackaging of data. The result can be valuable consumer profiles and packages of data that are sold to other organizations ranging from ad networks to law enforcement.

Who do data brokers sell data to?

Depending on the types of data and how it’s analyzed and processed, a wide variety of organizations and industries purchase the data that brokers sell, including:

• Marketers and advertisers: e.g. using purchasing history, online behaviors, and demographic details for highly targeted ad campaigns
• Employers and recruiters: e.g. using employment history, financial records like credit scores, and social media activity to perform background checks and help enable hiring decisions
• Fraud prevention and cybersecurity companies: e.g. using email and phone usage, IP addresses, and device “fingerprints” (unique IDs) to investigate and identify fraud or authenticate user identities
• Health and pharmaceutical companies: e.g. using health-related search or purchasing history and fitness tracker data to perform research and market healthcare products
• Financial institutions: e.g. using spending habits, loan histories, credit health indicators, and income estimates to assess credit risks and target financial products like mortgages
• Insurance companies: e.g. using medical history, lifestyle choices, vehicle ownership and driving records, and property records to assess risks and determining insurance policy pricing
• Retail and real estate companies: e.g. using household income, purchasing history, real estate search history, and property ownership history to identify potential home buyers and target advertising   
• Government agencies and law enforcement: e.g. using purchasing behavior, social media activity, geolocation and mobile tracking, and public records for surveillance, investigations, and public safety initiatives
• Politicians and campaign staff: e.g. using online search histories, social media interests, political affiliation, and voter registration records to target potential voters with personalized political messages and ads

How do data brokers get your information?

Data brokers can collect information from public sources, like property ownership, business registration, or voter registration information. They can also obtain information from a wide variety of online sources and individuals’ activities.

Information that data brokers obtain from users’ online activities

Data brokers collect a lot of digital personal data, especially from everyday user activities. For example, via cookies and other tracking technologies they can collect data on people’s search and browsing histories, time spent on sites and pages, and ecommerce activities like purchases or abandoned carts. 

Activities people voluntarily participate in online, often for some incentive, are also a great source of data. For example, contests and giveaways, surveys and quizzes, and reviews or feedback forms for products and services can all deliver detailed identifying information, demographic data, and insights on preferences and habits.

Information that data brokers obtain from mobile apps use

From apps brokers can track location from GPS, purchases, and habitual activities. From connected devices (Internet of Things) ranging from fitness trackers to computerized systems in cars, there’s a wealth of information about activities, preferences, locations, and more.

Information that data brokers obtain from financial transactions

Financial transactions are protected by a number of regulations, but data brokers still have access to a wide variety of data sources. These include purchase histories from retailers and loyalty card programs, credit card use trends (like how often people buy online), anonymized and aggregated data about consumer spending habits, and information about subscription services (e.g. streaming media services or meal plans).

Information that data brokers obtain from healthcare activities

Health information is also heavily regulated, but data brokers can still legally access information about health-related search queries, revealing health interests, concerns, or diagnoses. They obtain data about health status from fitness trackers and other monitors, and they can obtain health-related purchasing information, like about medications, supplements, or assistive devices.

Information that data brokers obtain from third parties

Data brokers don’t always collect or process personal data themselves. Often they purchase data collected by others from their customers. These entities include:

• Ecommerce platforms
• Streaming media services
• Marketing agencies
• Apps publishers (e.g. health, fitness, gaming)

In some cases this data is anonymized before sale, but it can still provide valuable information about demographics, volumes or frequencies of purchasing or use, etc. In some cases, however, data brokers can cross-reference data and be able to re-identify individuals.

Information that data brokers obtain from data breaches

In addition to all the more publicly available sources, plenty of information can be obtained on the dark web, which is where vast amounts of data from data breaches tends to end up. These data sets can include specific types of data, like names, email addresses, or credit card numbers, up to extensive customer profiles with a lot of sensitive personal information.

Given the frequency of data breaches, it can be possible to obtain and match data from multiple breaches to create rich profiles of breach victims’ personal information, which can be used for fraudulent activities or re-sold.

Do data brokers have to get consent?

In many cases, no, particularly in the United States, data brokers do not need explicit or informed consent from the individuals’ whose data they collect and use. This is in part because publicly available data does not typically require prior consent. 

Additionally, some data is exempt because it has been anonymized, and some companies include data sharing clauses in their terms of service, which users have to agree with to access a service, make a purchase, etc., but often do not read in detail.

It also depends on the jurisdiction. For example, in the European Union, explicit and informed consent is required from individuals before their data is collected, per the General Data Protection Regulation (GDPR) and other laws. 

However, in the United States, for the states that have privacy laws to date, in most cases personal data can be collected and used without needing to obtain prior consent, unless the data subject is a child. The main legal requirement is that data subjects be informed about data processing and their rights.

Types of data for which data brokers would likely need to obtain consent under various laws include the following:

• Financial and/or credit data (US: Fair Credit Reporting Act)
• Health and medical data (US: Health Insurance Portability and Accountability Act)
• Children’s data (US: Children’s Online Privacy Protection Act)
• Personal data protected under regional privacy laws (US: CCPA/CPRA and others, EU: GDPR and others)

There can be loopholes in regulatory requirements as well. For example, websites and apps that track health and fitness data are not subject to HIPAA, and social media platforms may not verify that users are over the age of 13, so may collect and sell children’s data without legally required parental consent.

How do data brokers make money?

Data brokers make their money from selling the data they collect, or insights that can be gleaned from analyzing the data. Often they sell to other types of companies or organizations, but sometimes they sell data to other data brokers.

Data can be sold in several different ways. The most straightforward is bulk sales of data to advertisers, marketers, and other companies. The more timely, well organized, and detailed the data is, the more data brokers can charge for it.

Data brokers can also maintain continually updated databases, and sell access to the data they contain on a subscription basis. These subscriptions are particularly valuable to marketers for targeting advertising, for financial institutions to do risk assessments, or for companies that need live or near-live geolocation data.

Data brokers can also make data more valuable by combining data from multiple sources and analyzing and segmenting it. 

Combining individuals’ preferences and activities, purchase histories, and other sources, data brokers can create detailed profiles and groups, like people who regularly enjoy luxury travel, or people of a certain age and education level who are likely to vote for a specific political party. 

Data brokers can also make well-educated predictions from data and spot burgeoning trends, selling that information rather than the data that produced them. This can also be highly valuable for brands and marketers.

Brokers’ databases are also used in paid partnerships, like with ad networks and social media platforms, via direct platform integrations. Data brokers provide detailed consumer profiles via the databases, and advertisers pay for access to this information. 

The more targeted the information, the more they pay, and the broker makes a fee or commission from the ad network. This information is then used to show highly targeted ads to platform users.

Beyond the business world, data brokers can also sell data to government agencies and law enforcement. This can include location data, biometrics like facial recognition data, social media activity, and other personal information these entities can gain access to through private contractual agreements. 

Organizations that require high levels of security can also purchase tools from data brokers, which are powered by personal data. For example, banks, cybersecurity companies, and retailers may be interested in tools to improve identity verification and fraud detection to cut down on credit card fraud, and banks can use them to authenticate loan applicants.

Why are data brokers legal? 

Data brokers’ operations are legal for a number of reasons. The most direct one is that some data they collect and use is publicly available to anyone, so the average person could collect and analyze it the same way data brokers do.

Another reason is that there are loopholes in some privacy laws and other relevant regulations, which enable data brokers to access and process various kinds of personal data. 

Some laws intended to protect data and individuals’ privacy are also aging rapidly and may no longer adequately protect privacy rights and personal data in a world where technology continues to evolve rapidly. Legislation rarely proceeds as fast as the tech industry, and in the US, specifically, there is a patchwork of federal and state-level regulation.

In some cases, individuals do provide consent for collection and use of their data. They just may not know it if they don’t make a habit of reading Terms of Service and other relevant documents. Or they may have consent fatigue and just click “Accept” without reading further because they want to access a website, complete a purchase, or other function.

Also, as we noted at the beginning of the article, it’s a highly lucrative industry and the data is extremely valuable to a lot of entities. Some companies — in addition to the data brokers themselves — make a lot of money from the flow of personal data (the volume of which is always increasing). 

This means many companies, agencies, etc. have strong incentives to lobby for continued access to data from as many sources and for as many uses as possible.

What data privacy laws regulate data brokers?

There aren’t many laws that explicitly regulate data brokers, but their activities are included in a variety of laws with varying jurisdictions and covering various industries. Some of these include the following.

Federal US laws regulating data brokers

The United States doesn’t have any federal laws explicitly regulating data brokerage. However, it is covered under operational requirements of certain industries, specific audiences whose data brokers may collect and use, and other factors. These are the most important US federal laws regulating data brokers:

• Fair Credit Reporting Act (FCRA)
• Federal Trade Commission (FTC) Act
• Health Insurance Portability and Accountability Act (HIPAA)
• Children’s Online Privacy and Protection Act (COPPA)

State-level US laws regulating data brokers

To date, only some states have data privacy laws passed or enacted, and the US does not have a federal privacy law. Data brokerage is covered under some state-level data privacy laws, but a few states also have laws that more directly target these businesses.

• California Consumer Privacy Act (CCPA) / California Privacy Rights Act (CPRA)
• Data Broker Registration Statute (California)
• Virginia Consumer Data Protection Act (VCDPA)
• Colorado Privacy Act (CPA)
• Connecticut Data Privacy Act (CTDPA)
• Nevada Privacy of Information Collected on the Internet from Consumers Act (NPICICA) and Amendment SB-260
• Vermont Data Broker Law

International laws regulating data brokerage

Some international data privacy laws are more stringent than US laws, and cover any entity collecting or processing personal data to offer goods and services or to monitor individuals. As a result, data brokers are covered under these broader regulations.

• European Union
  • General Data Protection Regulation (GDPR)
  • Digital Markets Act (DMA)
  • Digital Services Act (DSA)
• Canada
  • Personal Information Protection and Electronic Documents Act (PIPEDA)
• Australia
  • Privacy Act
• Brazil
  • Lei Geral de Proteção de Dados / General Data Protection Law (LGPD)
• India
  • Digital Personal Data Protection Act (DPDP Act)
• Japan
  • Act on the Protection of Personal Information (APPI)

How do you remove data from data brokers?

Data brokers collect personal information from such a wide variety of sources, and many consumers are not even aware that it’s happening. As a result, it may seem daunting to try and get your data removed from their databases. But there are several ways to go about it.

You can approach the data removal process manually, and personally request removal of your data from individual data brokers. It’s free to do so, but requires completing forms, verifying your identity, and sending emails, so will cost you in time spent.

There are paid data removal services that will do the legwork for you. Some focus on specific types of sites and services; others tout their ability to remove data from dozens of brokers. These are typically subscription services that regularly monitor and have your data removed. 

Beyond the brokers themselves, personal information can appear in search engine results. Companies like Google do provide tools to request removal of your data. 

Under the GDPR, European residents have the “right to be forgotten”, though that isn’t necessarily the case elsewhere. 

However, individuals can request removal of personal information that appears online, like phone numbers or addresses, whether on websites or search results, for example if doxxing has occurred (the publishing of private and/or identifying information about an individual online, typically with malicious intent). 

This requires contacting the search engine company or website owner to request data removal, and may not be a fast process. (Privacy laws that provide deletion rights do typically include a time frame within which requests must be acted upon.)

How to prevent data brokers from accessing your data?

Data brokers can’t sell your data if they don’t have it, and there are a few ways to prevent or limit the personal data you create online.

Adjust privacy settings in web browsers and on social media accounts. Remove or limit the tracking they perform on your activities. Use search engines that center privacy and use less or no tracking. On mobile phones, disable app tracking for iOS or Android, and decline when new apps ask if they can initiate tracking.

As the old saying goes, “if something is free, you are the product”. So expect that free apps or services will be tracking and collecting your data and very likely monetizing it. This can include everything from fitness trackers to VPNs to weather apps.

There are privacy-focused apps and services for just about all functions we perform online, from instant messaging to email to browsing. You may want to make the switch.

When you do need to provide personal data, e.g. when signing up for services, you can use specific and generic credentials. For example, create email accounts, potentially from a temporary email service, that’s separate from your main account. Use that to complete an ecommerce purchase as a “guest” or to sign up for newsletters.

Depending on where you live, you may also have access to free phone numbers so you don’t have to provide your real one. You can use one of those when it’s for a purpose where you won’t actually need to be contacted by phone.

How Usercentrics helps you protect your personal data and privacy

For individuals, it’s important not to ignore consent banners on websites. Depending on where you live, you may see them a lot, but taking a moment to interact with them and read important information means you can then make informed decisions and can decline consent for many kinds of tracking. 

Or, if you live in a jurisdiction like a US state where prior consent is not required but there is a privacy law in place, you likely have access to a mechanism on websites where you can opt out of specific uses of your personal data, like for targeted advertising.

For companies, respect your customers and relevant laws regarding access to and sale of personal data. Building trusted relationships with your audience is the best way to obtain high quality data for marketing and other business-critical purposes. Use a consent management platform for transparency and to enable granular consent decisions.

Usercentrics enables companies to create user-friendly consent banners for websites, apps, and other connected platforms that match company branding and provide legally required information and consent options to users. Achieve and maintain privacy compliance with regulations around the world, and build trust with users.

Usercentrics does not provide legal advice, and information is provided for educational purposes only. We always recommend engaging qualified legal counsel or privacy specialists regarding data privacy and protection issues and operations.

A comprehensive survey of 600 business leaders across major European markets reveals that privacy management has evolved from a compliance requirement to a strategic business priority, with nearly three-quarters of privacy decisions now being made at the executive level.

In an era where digital interactions define brand perception and value, trust has become a new form of currency. According to recent survey data, 35 percent of European businesses rank the loss of customer trust as the most damaging consequence of non-compliant consent management — surpassing concerns about regulatory fines (32 percent) and revenue loss (28 percent). This finding underscores a pivotal shift: privacy is now a strategic competitive differentiator.

This creates a powerful opportunity for small and medium-sized businesses (SMBs). Unlike large enterprises, which are often bogged down by complex data infrastructures and bureaucratic inertia, small businesses are uniquely positioned to embed privacy into their brand identity, nurture deeper customer relationships, and foster long-lasting consumer trust. European businesses have long prioritized consent management, proving that a strong commitment to privacy can drive sustainable growth.

This article explores how small and medium-sized businesses can leverage their agility, customer-centricity, and transparent data practices to stand out in an increasingly competitive digital marketplace.

Trust in Numbers 

Our data confirms the trend: 35 percent of surveyed businesses in the U.K, Germany, Spain, and Italy rank losing customer trust as the most damaging consequence of non-compliant consent management practices — outweighing concerns about regulatory fines (32 percent) and revenue loss (28 percent).

But this concern isn’t evenly distributed. The trust gap varies by region:

• UK businesses are the most concerned about losing customer trust (42 percent).

• Damage to the brand’s public image is the second largest concern, with businesses in Spain ranking the highest at 37 percent

• Meanwhile, regulatory fines weigh more heavily on German businesses, at 39 percent

These regional differences matter because sophisticated and privacy-conscious consumers increasingly vote with their wallets. Businesses that handle data with transparency and integrity are rewarded with stronger brand loyalty, higher engagement, and lower churn rates.

Small and medium-sized businesses that understand the trend and act quickly will seize the unique opportunity created by this paradigm shift. Unlike large corporations with sprawling data ecosystems, small businesses often benefit from direct customer relationships and simpler data infrastructures, making privacy compliance easier to manage and faster to leverage. These organizations can adapt their privacy strategies quickly, avoiding the bureaucratic slowdowns that can affect larger firms.

Privacy and trust have a symbiotic relationship: when brands invest in privacy-first strategies, they create a flywheel effect that supercharges all aspects of their business.

As these motions continue to shape digital interactions, agile and bold organizations have a chance to redefine the narrative around privacy with transparent practices that build consumer confidence. This kind of competitive differentiation not only strengthens market positioning but also creates lasting brand value

The privacy flywheel

Large corporations with significant resources often dominate industries, but when it comes to trust-building through privacy, SMBs have a natural advantage. Unlike large enterprises, which often face bureaucratic hurdles, legacy data systems, and customer skepticism, leaner businesses can move faster, communicate more transparently, and build authentic relationships around privacy.

Small and medium-sized businesses have four key structural advantages when it comes to Privacy-Led Marketing and trust-building strategies.

Direct customer relationships

Businesses that engage with customers in personal, one-to-one interactions — such as through email, social media, and in-store experiences — can provide timely and more relevant communication about their data practices. At the same time, these businesses can aim for more responsive customer feedback loops and optimized consent management. In contrast, large enterprises need to rely on automated, large-scale data collection, which can make privacy policies feel impersonal, opaque, and difficult to navigate.

Agile data ecosystems  

Smaller businesses typically operate on simpler digital infrastructures, making it easier to implement data privacy measures without overhauling complex systems. While large corporations commonly struggle with legacy data architectures, siloed teams, and slow compliance updates, this agility can enable forward-thinking organizations to design consent and tracking mechanisms quickly and without disrupting operations.

Privacy as brand identity 

Consumers increasingly favor brands that respect their data. SMBs can embrace privacy as part of their brand identity by demonstrating a strong commitment to ethical data use. Honest, easy-to-understand privacy policies and a customer-first approach to data collection and protection will solidify a brand’s positioning in ways that can’t be bought or advertised. This authentic differentiation through best practices, like a clear, engaging cookie banner, is already a hallmark of successful creators and small-community brands.

Faster decision-making 

Small businesses tend to have fewer layers of bureaucracy, making it easier for leadership to act quickly on privacy trends and regulatory changes. Unlike larger companies that require C-suite alignment, legal reviews, and slow-moving implementation, agility in the deployment and automation of privacy-first marketing strategies can mean valuable first-mover advantages in every industry. 

Learning from European privacy pioneers

Privacy regulations such as the GDPR are often framed as a compliance challenge and an obstacle to smooth business operations — especially in digital marketing. European businesses have instead turned them into a strategic advantage. 

Their experience offers a glimpse into the future of privacy-conscious markets and comprehensive data protection laws. Unlike other regions where privacy remains a reactive compliance issue, European businesses — especially small and medium-sized enterprises — have integrated data ethics into their core business models. As the data shows, this process has led to stronger consumer trust, streamlined data practices, and innovation in privacy-first business models. As global privacy laws tighten, companies worldwide will inevitably need to follow similar paths. European SMBs can serve as a blueprint for sustainable digital trust in an era of rising consumer expectations.

European companies have demonstrated that transparent data practices, meaningful data collection, and user-friendly consent experiences can drive higher customer retention, stronger brand loyalty, and revenue growth. As governments worldwide introduce a series of GDPR-inspired regulations — such as the California Consumer Privacy Act (CCPA) in the US — businesses outside of Europe will soon face similar challenges and opportunities. 

Those who embrace privacy as a value proposition will not only achieve compliance more easily but will also gain a competitive edge in the trust-driven digital economy.

This proactive approach to privacy aligns transparency, efficiency, and customer experience. It stems from a strong executive involvement in privacy decisions and it places privacy as a core business pillar — even without a dedicated privacy compliance team.