If You Give A Marketer A Cookie… Addressing Data Privacy Demands

In the age of artificial intelligence (AI), marketers have an unprecedented ability to harness and leverage vast amounts of data, enabling hyper-targeted strategies, predictive insights, and personalized consumer experiences at a scale never before possible –– But where do we draw the line between innovation and the ethical handling of data privacy?

Without proper data stewardship, marketers risk not only damaging their reputation but also alienating their customer base and losing substantial revenue.

Data privacy in 2025

We are living in a time when transparency from brands is not just valued, but critical. Consumers are increasingly prioritizing the ethics and authenticity of brands they engage with, which is driving demand for greater transparency and socially responsible business practices.

As online commerce continues to dominate the global marketplace, consumers are paying attention to how their personal data is collected and used, fueling concerns over privacy and the potential for its misuse. According to PWC’s annual Voice of the Consumer survey, data protection was the leading factor that influenced consumer trust — prioritized above quality of goods and services, affordability and more. Other studies such as a recent Prosper Insights & Analytics survey show that concerns are pushing consumers to take action, with the majority of US adults taking steps like disabling mobile trackers, using private browsers, denying app permissions and more in order to protect themselves.

For brands targeting younger generations, the demand for data autonomy and transparency is even more evident. Consumers aged 18-24 are seven times more likely to exercise their data rights, which include the right to know what data is being collected, the right to access their data, and the right to request deletion of their data.

Existing privacy concerns are compounded with the onset of AI. In fact, Prosper Insights & Analytics found that 87% of US adults feel worried about privacy violations stemming from AI's use of their data. “As technology rapidly advances, the fear of the unknown grows,” shares Daniel Barber, CEO of DataGrail, which helps companies navigate the complexities of modern data privacy. “Now more than ever, individuals are invested in their data and want a say in how it’s gathered and used. Marketers would be wise to listen up.”

Cookies and court orders

One-way brands can support consumers is to give them autonomy over data collection. Prompting them to choose if they wish to accept or reject cookies is a basic step that empowers them with a sense of control. However, that is only half the equation. Once the consumer makes their choice, brands must respect it.

Seems obvious, right?

Concerningly, a 2024 audit of 5,000 businesses’ websites revealed that 75% of organizations did not honor a person’s right to opt out of being tracked by online trackers. Moreover, the Pew Research Center found that 67% of US adults turn off cookies or website tracking to protect their privacy. Yet Hubspot research shows that less than half of marketers are focused on cookie-free targeting.

These discrepancies underscore the misalignment between consumer expectations and marketing strategies. What marketers need to understand is that, now more than ever, these discrepancies have the potential to seriously damage the business and the brand.

“The fact that most organizations aren't respecting their customers' consent requests — whether intentional or not — should be a wake-up call for any organization responsible for gaining consent,” Barber shared.

“Data privacy will continue to be a hotly contested topic and is likely to be a major focus of state legislation,” he continues. “Organizations like X, LinkedIn, and now Microsoft have all received backlash for training AI models on user posts/data, which has propelled the topic into center focus where it belongs. Still, reputational damage alone won’t stop many brands hungry for meaningful audience insights. There is a lot of power in the data they’re collecting, and I believe only legal ramifications have the power to force true transparency.”

Underscoring Barber’s warnings, last year international law firm Gunderson Dettmer reported a “substantial increase” in clients receiving legal threats due to common website tracking technologies (and thus, the companies who use those trackers) failing to respect opt-out requests.

It’s clear that disregarding consumer choices breaches trust and exposes brands to ethical and legal risks. While innovations in tech and AI uncover a goldmine of valuable insights for marketers, consumer trust must remain the top priority for brands to ensure long-term integrity.

Ultimately the responsibility lies with marketers to ensure they mine data ethically –– and yes, consumers do care.