Digital advertising exists in a complex ecosystem that the average person engages with daily. It encompasses a broad set of technologies for managing advertisements across channels including search, display, video, mobile, and social, with functions for targeting, design, bid management, analytics, optimization, and automation. Digital advertising also incorporates many digital tools and systems that target specific individuals and audiences.

In this Thomson Reuters Practical Law article, authors Jerry Ferguson, Fernando Bohorquez and Priyanka Surapaneni discuss the digital advertising regulatory landscape including the EU ePrivacy Directive, GDPR, CCPA, and other U.S. state consumer privacy laws, emerging alternatives to third-party cookies, and best practices for businesses to develop a privacy-focused, post-cookie digital advertising strategy.

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Photo of Gerald J. Ferguson Gerald J. Ferguson

Gerald Ferguson currently serves as the Intellectual Property, Technology and Media Group Coordinator for the firm’s New York office. Mr. Ferguson also serves as the national leader of the firm’s Privacy and Information Security group. He has worked with companies to create national…

Gerald Ferguson currently serves as the Intellectual Property, Technology and Media Group Coordinator for the firm’s New York office. Mr. Ferguson also serves as the national leader of the firm’s Privacy and Information Security group. He has worked with companies to create national and global privacy policies. He has extensive experience advising companies regarding compliance with state breach notification laws. Mr. Ferguson is able to advise clients regarding notification obligations quickly and efficiently using a state-by-state survey of the 47 jurisdictions with breach notification laws that is regularly updated by Baker Hostetler’s Privacy and Information Security group. As part of his proactive approach to an incident response, he works with forensic consultants to develop the substantive opinions necessary to support a determination that disclosure of a breach is not required when possible. If disclosure is required, he uses a team approach to carefully manage the process in a cost-effective and efficient manner that focuses on minimizing reputational harm.

Mr. Ferguson is Chairman of the Intellectual Property Committee of the New York State Bar Association, International Law and Practice Section.

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Photo of Fernando A. Bohorquez, Jr. Fernando A. Bohorquez, Jr.

Fernando Bohorquez handles business and commercial litigation, intellectual property disputes and white collar investigations. Fernando has represented various corporate and institutional clients, including media and telecommunications companies, health and beauty care industry corporations, pharmaceutical companies and other businesses. He also advises startup and…

Fernando Bohorquez handles business and commercial litigation, intellectual property disputes and white collar investigations. Fernando has represented various corporate and institutional clients, including media and telecommunications companies, health and beauty care industry corporations, pharmaceutical companies and other businesses. He also advises startup and digital media companies regarding intellectual property, social media and internet liability issues.

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Photo of Priyanka Surapaneni Priyanka Surapaneni
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