The Compliance Landscape Has Moved
If your marketing team is still operating under 2024 assumptions about data collection and consent, you're already behind. The past twelve months have brought enforcement actions, new guidance from the ICO, and a shift in how platforms handle third-party data that demands attention.
This isn't about fear. It's about building marketing programmes that work within the regulatory framework rather than around it.
What Changed in the Past Year
Three developments stand out:
1. The ICO's Adtech Guidance Got Teeth
The Information Commissioner's Office moved from guidance to enforcement. Several high-profile adtech vendors received formal notices, and the ripple effects reached marketing teams who relied on those vendors' assurances about compliance.
The lesson: relying on a vendor's claim of compliance is not a defence. Marketing teams need to understand what data is being collected, where it flows, and on what legal basis.
2. Server-Side Tracking Isn't a Magic Bullet
Many organisations migrated to server-side tracking assuming it would solve their consent challenges. It doesn't. Server-side tracking changes where data processing happens, not whether valid consent is required.
If anything, server-side implementations need more careful governance because they're less visible to privacy tools and browser controls.
3. First-Party Data Strategies Became Non-Negotiable
With third-party cookies continuing their slow death and cross-site tracking becoming increasingly difficult, organisations without a coherent first-party data strategy are flying blind.
The winners are those who built genuine value exchanges: useful content, meaningful newsletters, tools that solve real problems — all earning the right to collect data through transparent, consent-based relationships.
What This Means for Your Team
The practical implications come down to three areas:
Audit your data flows. Map every piece of data your marketing technology collects, where it goes, and what legal basis you're relying on. If you can't explain it clearly, it's a risk.
Invest in consent infrastructure. A proper consent management platform, configured correctly, is table stakes. But configuration matters more than the tool itself.
Build first-party relationships. Every campaign should contribute to building direct, consented relationships with your audience. That's not just good privacy practice — it's good marketing.
The Opportunity in Compliance
Here's the thing most teams miss: privacy-compliant marketing isn't a constraint on performance. It's a competitive advantage. When you build on consented, first-party data, you get higher-quality signals, better attribution, and audiences who actually want to hear from you.
The organisations that figured this out early are already outperforming those still scrambling to patch legacy approaches.