The Ad Tech Ecosystem was Never Built for Privacy

As the ad tech industry integrates more advanced technology and automation, many diverse, small, and niche publishers are caught in the crosshairs of tightening regulatory requirements.

Navigating these complex challenges is essential for maintaining trust with consumers and brands.

Unique publishers (diverse, small, and niche) must navigate these complex waters to maintain their competitive edge in an industry where data privacy and transparency are under intense scrutiny. According to Jamie Barnard, CEO of Compliant, “The ad tech ecosystem was never built for privacy,” making it especially challenging to retrofit existing systems.

These smaller players are vulnerable, with privacy concerns mounting and regulations becoming stricter. They may not attract the same advertising spend as larger entities. Still, compliance with privacy laws is critical—not only for legal reasons but also for preserving their relationships with advertisers.

During our conversation with Jamie Barnard aboard a yacht in Cannes—over cheese and pepperoni—we discussed how brands and agencies can support unique publishers in navigating compliance challenges. He stressed the importance of adapting to the rapidly changing landscape. “Those who fail to adapt will find themselves in precarious positions,” Bernard warned. By approaching compliance as a collaborative effort between publishers, brands, and consumers, these publishers can create bespoke advertising experiences while upholding essential privacy principles.

Why Building Strong Compliance Models Matters More Than Ever 

Developing robust compliance models is no longer optional for unique publishers, it’s essential.  These models should go beyond merely responding to current regulations. They should be proactive frameworks anticipating future changes. Flexibility and adaptability are key to ensuring these publishers can withstand the inevitable shifts in the regulatory environment.

Creating a culture of compliance involves more than simply adhering to rules. It requires a deep understanding of privacy and data protection. This is particularly crucial given the widespread use of third-party tracking and data leakage — practices increasingly under scrutiny. As awareness of these issues grows, larger brands and consumers demand higher transparency and accountability from their partners.

“In our industry, where trust is everything, compliance is the foundation,” Bernard said. “When we approach compliance as not just a checklist, but a genuine commitment to our audience’s well-being, we unlock the potential for deeper connections and long-lasting loyalty.”

Publishers must go beyond compliance to educate their teams and stakeholders on this importance. By cultivating a culture of awareness and diligence, they can embed compliance into every facet of their operations. This shift will mitigate risks and bolster the publisher’s reputation in an industry where consumer trust is increasingly paramount.

Ad Tech’s Role in Adapting to Regulatory Changes

The ad tech industry’s transformation is largely driven by the need to comply with evolving privacy laws. While these changes may seem reactive, they present new opportunities for innovation in both technology and operational practices. With Google’s new 3PC consent framework, smaller publishers have a huge role in reshaping the industry standards moving forward. 

Smaller publishers should leverage technology as a compliance tool to take advantage of this shift. For example, artificial intelligence and machine learning can monitor data practices, identify potential compliance issues, and automate consent management processes. These technological advancements not only streamline operations but also enhance the precision and effectiveness of compliance efforts.

 As regulatory demands evolve, ongoing education and experimentation are crucial. Publishers should stay informed about the latest trends and changes, adapting their strategies as necessary. Abrupt changes brought about by decisions like Google’s back-and-forth dance with turning off third-party cookies, serve as a stark reminder of how quickly things can shift. 

Continuous learning should be embedded in the organizational culture, positioning compliance as not just a set of rules but as a dynamic practice driving industry evolution. With the U.S. regulatory environment beginning to catch up with the EU’s more stringent standards, the pressure to adapt has never been greater. As Bernard pointed out, education, transparency, and consumer empowerment must be top priorities for publishers moving forward.