This is our second interview analyzing the impact of Google’s decision not to deprecate third-party cookies on its Chrome browser.

Daniel Jaye is a seasoned technology industry executive and currently is CEO and founder of Aqfer, a Marketing Data Platform on top of which businesses can build their own MarTech and AdTech solutions. 

Daniel has provided strategic, tactical and technology advisory services to a wide range of marketing technology and big data companies. Clients have included Brave Browser, Altiscale, ShareThis, Ghostery, OwnerIQ, Netezza, Akamai, and Tremor Media. He was the founder and CEO of Korrelate, a leading automotive marketing attribution company -purchased by J.D. Power in 2014- as well as the former president of TACODA -bought by AOL in 2007. Daniel was also the founder and CTO of Permissus, an enterprise privacy compliance technology provider. 

All of the above were preceded by his role as founder and CTO of Engage, acting CTO of CMGI and director of High Performance Computing at Fidelity Investments. He also worked at Epsilon and Accenture (formerly Andersen Consulting). 

Daniel Jaye graduated magna cum laude with a BA in Astronomy and Astrophysics and Physics from Harvard University.

References:

• Daniel Jaye on LinkedIn
• Aqfer
• P3P: Platform for Privacy Preferences (W3C)
• Luke Mulks (Brave Browser) on Masters of Privacy
• Adnostic: Privacy Preserving Targeted Advertising (paper by Vincent Toubiana, Arvind Narayanan, Dan Boneh, Helen Nissenbaum, Solon Barocas)

Earlier this summer, Google announced that its Chrome browser would after all keep third party cookies. This interview with Robin de Wouters is the first of two episodes exploring the consequences of that update from the point of view of our usual stakeholders (DPOs, CMOs, CDOs). 

Robin de Wouters is the Director General for the Federation of European Data & Marketing (FEDMA), in Brussels. He has a strong background in communication and public relations across the private, non-profit and institutional spheres. He previously worked in the field of human rights with Euromed Rights, the ONE Campaign and the United Nations. Robin is also the Vice-Chair of the Board of the European Interactive Digital Advertising Alliance (EDAA) and the Communications Director and Spokesperson for Democrats Abroad Belgium, the international arm of the US Democratic Party.

References:

• Federation of European Data and Marketing (FEDMA)
• Robin de Wouters on LinkedIn
• Sergio Maldonado, Nobody was ready for the Privacy Sandbox, but deprecating cookie banners is long overdue
• Google announces they are not deprecating third-party cookies
• Peter Cradock (Masters of Privacy): Could core advertising components fall under the “strictly necessary” ePrivacy exemption? 
• CNIL publishes study on alternatives to third-party advertising cookies (Freevacy)

Ok, the summer is nearly over, which means it is time for a Newsroom summarizing everything that’s happened in the last two months at the intersection of marketing, data, privacy and technology. 

California and the FTC have more specific weight on our list this time around - perhaps because much of Europe, including regulators and hackers, was OOO during the entire month of August. So, expect to hear about:

• A CDP (Segment) being sued for its data collection practices
• Uber’s Catch-22
• The FTC discards hashing as a means of anonymization 
• Chrome could be forced to support Global Privacy Control
• The AI Bill drama in California.

(And yes, also about Google’s monopoly, the resilience of 3rd party cookies and Apple’s DMA struggles, but only in passing, as you’ve probably had enough of those.)

Expect us to follow the usual structure: ePrivacy & Regulatory Updates; MarTech & AdTech; AI, Competition and Digital Markets; Zero-Party Data and Customer Centricity; Future of Media. 

With Celine Takatsuno and Sergio Maldonado.

References:

• Sergio Maldonado, Nobody was ready for the Privacy Sandbox, but deprecating cookie banners is long overdue (ie., third party cookies are not going away)
• Class action was filed against Twilio in California
• Uber received a $290m euro fine in The Netherlands
• The Federal Trade Commission audited hundreds of websites and apps, finding all sorts of dark patterns
• Controversial California AI Bill
• California passes another law that, if signed, will require browsers to implement Global Privacy Control standards
• FTC: Hashing email addresses does not result in anonymized data 
• Netflix announces data collaboration partnerships
• Apple tries a little harder to appease the EU Commission with additional Digital Markets Act measures

Also, find a full blog post on the Masters of Privacy website.

Jay Averitt is currently a Senior Privacy Product Manager at Microsoft, where he manages technical privacy reviews involving Microsoft365 products including CoPilot, GPT, and other LLM products. He was previously a Privacy Engineer at Twitter, where he managed technical privacy reviews across the platform. He’s been working in privacy for over a decade as both a privacy technologist and a privacy attorney. Before switching to technical privacy, he worked as a technology counsel at SAP, SAS, and Lenovo.

References:

• Jay Averitt on LinkedIn
• NIST, Privacy Engineering Program
• Daniel J. Solove, Against Privacy Essentialism
• María P. Angel and Ryan Calo, Distinguishing Privacy Law: A Critique of Privacy as Social Taxonomy
• Sergio Maldonado, Some takeaways from PEPR’24 (USENIX Conference on Privacy Engineering Practice and Respect 2024)

Nick Manning is a commentator, author and speaker on advertising, with a specialization in media. He co-founded Manning Gottlieb Media in 1990, and following its purchase by Omnicom he became CEO of the OMD UK Group.  He also co-founded OPera, the media negotiation arm for OMD and PHD. In 2007 Nick joined Ebiquity as Chief Operating Officer before becoming responsible for Ebiquity’s non-UK based operations and Chief Strategy Officer. At Ebiquity he led the team that produced the recommendations for advertisers that accompanied the K2 Intelligence report into media transparency in 2016. 

Since 2019 he has run his own consulting business, advising advertisers and their trade associations. Nick specializes in helping advertisers improve their effectiveness, accountability and transparency.

References:

• Advertising, Who Cares? A Summit event happening at London’s Royal Society of Arts on September 12th 2024, aiming to discuss possible solutions around five topics: Business models; Trading, Transparency and Trust; Measurement and Accountability; Recruitment and Well-Being; Brands and Journalism. 
• Nick Manning’s Encyclomedia, “fractional” Chief Media Officer services.
• Nick Manning on X
• Nick Manning on LinkedIn
• Arielle Garcia on Masters of Privacy
• Sergio Maldonado, How we tried to fix advertising, ecommerce, and media by putting people in control of their data
• Augustine Fou on Masters of Privacy

Tony Fish is an investor, author and self-confessed maverick. He has been building digital businesses since 1990, with a first exit in 1995 and many businesses founded, co-founded, sold and listed after that. He thrives in complex, groundbreaking and uncertain environments, being currently focused on rethinking corporate governance models, ethics and AI, data policy and evidence-based decision making in volatile situations. He is a speaker and author of four books, as well as a visiting fellow for entrepreneurship and innovation at Henley Business School, has taught at London Business School in AI and Ethics, the London School of Economics and Sydney Business School. His latest book (“Decision-making in uncertain times”) has been widely available since early June.

References: 

• Tony Fish, Decision-making in uncertain times 
• Tony Fish, Why is data eating your culture before breakfast
• My Digital Footprint, a blog by Tony Fish 
• Open Governance (Tony Fish on Medium)
• Tony Fish on LinkedIn
• Distinguishing Privacy Law: A Critique of Privacy as Social Taxonomy (María P. Angel, Ryan Calo).

We are closing this season with a Spring Newsroom before we officially kick off the summer, summarizing everything that’s happened in the past quarter across our usual five sections: ePrivacy (enforcement, regulatory updates), MarTech/ AdTech, AI/ Competition/ Digital Markets, PETs/ Zero-Party Data, Future of media. 

This includes:

• EDPB’s ChatGPT Task Force report
• EU Digital Wallets
• Privacy Sandbox news
• EU Commission vs. Apple’s App Store
• LLM updates (Llama3, GPT 4o, Gemini, Apple Intelligence)
• Meta AI *not* training on EU user data
• Mozilla’s acquisition of Anonym
• Oracle’s exit from AdTech
• Revolut ads
• Microsoft Copilot+ Recall retreat
• The Trade Desk’s curated list of publishers
• FCC fines to telecom operators for the sale of location data
• Consent or Pay news
• TikTok ban.

A full transcript with links and additional resources can be found on the PrivacyCloud blog. 

John Cavanaugh is a founding member of the Plunk Foundation, a non-profit dedicated to empowering individuals and communities so they have autonomy over their digital identities and protect their sensitive information. John is helping promote digital data privacy for women, children, veterans, and marginalized communities.

Our mission today: exploring a grassroots approach to privacy or data protection.

References:

• Plunk Foundation
• John Cavanaugh on LinkedIn
• Doctor Ruha Benjamin, Race after Technology
• Village of Evendale (Cincinnati)

Adrian Doerk is co-founder of Lissi GmbH and co-coordinator of the IDunion research project. He has extensive experience in the rollout of digital wallets, specializing in the European digital identity wallet (EUDI-Wallet) under the eIDAS 2.0 Regulation. 

Adrian has helped us answer a few important questions on this topic:

• How much of our lives will soon be intermediated through digital wallets or digital identities?
• What is “selective disclosure”?
• What are the privacy risks?
• What are the challenges of decentralization?

References:

• Adrian Doerk on LinkedIn
• eIDAS 2.0 Regulation
• Lissi
• IDunion research project

Does the inclusion of both a private right of action and a general preemption of overlapping state laws (not limited to privacy, but also including AI or confidential information) condemn the APRA to the fire?

Brian Focht is a cybersecurity and data privacy attorney practicing in Charlotte, North Carolina. His legal practice is focused on helping clients ranging from individuals to international corporations, and involves nearly every aspect of law that touches on cybersecurity and data privacy, including identity theft, internal corporate policies and procedures, data breach response and recovery, and litigation. He is a 2003 Graduate of the University of North Carolina at Chapel Hill, a 2007 Graduate of the Wake Forest University School of Law, and a Certified Information Privacy Professional (U.S.) and AI Governance Professional.

In addition to his legal practice, he is the founder and co-host of the Fearless Paranoia podcast, which attempts to make the world of cybersecurity more accessible and understandable to those not in the IT industry. On top of that, Brian maintains the Resilience Cybersecurity and Data Privacy blog, offering tips and suggestions for keeping yourself safe in the increasingly hazardous digital world.

References:

• Law Offices of Brian C. Focht
• Brian Focht on LinkedIn
• Updated text of the American Privacy Rights Act (May 2024) 
• Biometric Information Privacy Act (Illinois)
• My Health My Data: Addressing the collection, sharing, and selling of consumer health data (Washington)
• EU-US Data Privacy Framework
• EFF: Sunsetting Section 230 Will Hurt Internet Users, Not Big Tech 
• Colorado’s new AI Act (Hogan Lovells)
• Vermont Legislature passes data privacy bill that could shape national efforts (Vermont Public)
• Fearless Paranoia (Podcast)