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  1. Even More States Join the Party — By the end of 2024, almost half of all U.S. states had enacted modern data privacy legislation. That trend will likely continue, particularly since a national data privacy statute may not be a top priority for the incoming administration.
  2. It’s Time for State Enforcement — Several states have begun “staffing up” with the goal of bringing more data privacy enforcement in 2025, and some no longer have mandatory cure periods. Putting aside California, early indications are that Texas and Connecticut may take the lead among the states in enforcement activity.
  3. It’s All About the Servers — Advertising technology’s transition from browser-side tracking technologies (cookies) to server-side tracking technologies (application programming interfaces or APIs) slowed in 2024. Nonetheless, the transition to server-side technologies continues; we may see it become the dominant medium for tracking in 2025 as organizations continue to work on aligning their digital advertising practices with applicable privacy laws.
  4. Sensitive Data Is Everywhere — Regulators and plaintiffs continue to focus their attention on the collection, use, and sharing of sensitive data types. That trend is expected to continue in 2025 with continued focus on companies that use or share geolocation or health information.
  5. Focus on Data Protection Impact Assessments (DPIAs) — The first states started requiring DPIAs two years ago, but regulators were reticent to demand that companies produce them. That has changed—state regulators have started requesting them and will continue requesting that companies produce DPIAs for data-processing activities that mandate them, like targeted advertising.
Tags: advertising, artificial intelligence, data privacy, enforcement, GT Insight, state privacy laws
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Photo of Gretchen A. Ramos Gretchen A. Ramos

Gretchen A. Ramos is Global Co-Chair of the Data, Privacy & Cybersecurity Practice. Gretchen is a creative problem-solver that various large tech clients rely on to handle their most challenging data protection issues. Clients appreciate not only her legal skills, but also her

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Gretchen A. Ramos is Global Co-Chair of the Data, Privacy & Cybersecurity Practice. Gretchen is a creative problem-solver that various large tech clients rely on to handle their most challenging data protection issues. Clients appreciate not only her legal skills, but also her direct, no-nonsense approach in providing advice. She works closely with her clients to manage data and leverage its value in ways to meet compliance obligations, as well as deliver value to the business and instill consumer trust.

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Photo of Jena M. Valdetero Jena M. Valdetero

Jena M. Valdetero serves as Co-Chair of the firm’s U.S. Data, Privacy and Cybersecurity Practice where she advises clients on complex data privacy and security issues. She has led more than 1,000 data breach investigations. A litigator by background, Jena defends companies against…

Jena M. Valdetero serves as Co-Chair of the firm’s U.S. Data, Privacy and Cybersecurity Practice where she advises clients on complex data privacy and security issues. She has led more than 1,000 data breach investigations. A litigator by background, Jena defends companies against privacy and data breach litigation, with an emphasis on class action lawsuits. She has designed and conducted dozens of data breach tabletop exercises to empower clients to respond effectively to a data security incident. She also counsels companies on data privacy and security compliance programs and advises on privacy and cyber risks associated with mergers and acquisitions, venture capital, and securities. Jena also advises a diverse array of clients on compliance with existing and emerging privacy laws, including the General Data Protection Regulation (GDPR), the California Consumer Privacy Act (CCPA), the Gramm Leach Bliley Act (GLBA), and the Health Insurance Portability and Accountability Act (HIPAA). She is a certified privacy professional through the International Association of Privacy Professionals (CIPP/US), for which she is a former KnowledgeNet Co-Chair.

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Photo of David A. Zetoony David A. Zetoony

David Zetoony, Co-Chair of the firm’s U.S. Data, Privacy and Cybersecurity Practice, focuses on helping businesses navigate data privacy and cyber security laws from a practical standpoint. David has helped hundreds of companies establish and maintain ongoing privacy and security programs, and he

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David Zetoony, Co-Chair of the firm’s U.S. Data, Privacy and Cybersecurity Practice, focuses on helping businesses navigate data privacy and cyber security laws from a practical standpoint. David has helped hundreds of companies establish and maintain ongoing privacy and security programs, and he has defended corporate privacy and security practices in investigations initiated by the Federal Trade Commission, and other data privacy and security regulatory agencies around the world, as well as in class action litigation.

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