Avoiding compliance issues in ad campaigns is non-negotiable. Violating regulations like GDPR or CCPA can lead to fines up to 4% of global revenue or $7,500 per record. Beyond penalties, non-compliance damages trust and your brand’s reputation.

Here’s what you need to know:

• Privacy Laws: GDPR mandates opt-in consent, while CCPA focuses on opt-out rights. Use tools like Consent Management Platforms (CMPs) to handle user data responsibly.

• Ad Content Rules: The FTC requires truthful claims, clear disclosures for sponsorships, and transparent pricing. Misleading ads or hidden fees can result in legal action.

• Platform Settings: Configure programmatic tools for consent tracking, data retention, and audience targeting to meet global standards.

• Ongoing Monitoring: Regular audits, automated alerts, and detailed documentation ensure sustained compliance and readiness for regulatory changes.

Compliance isn’t just about avoiding fines - it’s about protecting your brand and building trust. Follow these steps to ensure your campaigns stay within legal boundaries while delivering results.

How to Ensure your Marketing Campaigns Meet Industry Regulations

Privacy Laws and Consumer Data Requirements

Privacy regulations have reshaped how advertisers manage consumer data. Two key laws impacting digital advertising are the General Data Protection Regulation (GDPR) in Europe and California's privacy laws, including the California Consumer Privacy Act (CCPA) and its extension, the California Privacy Rights Act (CPRA). Adhering to these standards is essential for running compliant campaigns.

The main difference between these regulations lies in their approach to consent. GDPR requires explicit, opt-in consent before collecting or processing data. In contrast, CCPA/CPRA gives consumers the ability to opt out of the sale or sharing of their personal information after it has been collected [1]. This distinction significantly influences how you design your data collection and consent workflows.

GDPR applies universally to any organization handling data from EU residents, with no thresholds for compliance. On the other hand, CCPA/CPRA applies specifically to for-profit businesses that meet certain revenue or data-processing criteria [1][2].

GDPR Compliance for International Campaigns

GDPR mandates a documented legal basis for all data processing, making consent management a cornerstone of international campaigns [1]. Under GDPR, explicit consent must be obtained before any data collection or tracking begins, impacting the use of tools like pixels, cookies, and audience targeting.

To meet these requirements, invest in a Consent Management Platform (CMP). A CMP simplifies the process of obtaining explicit user consent, managing requests like data access or deletion, and maintaining detailed records for audits [1]. These platforms also integrate with programmatic advertising systems, ensuring that only consented data is used for targeting and optimization.

The regulation’s data-minimization principle requires collecting only essential information and retaining it for a limited time. This impacts how you set up audience segments, retargeting windows, and data retention policies within your programmatic tools.

GDPR also grants consumers extensive rights over their data, including the ability to access, correct, delete, or transfer their information. Your campaigns must be structured to handle these requests quickly and efficiently across all systems.

Now, shifting focus from international rules to California's privacy laws, let’s explore their unique requirements.

CCPA/CPRA Compliance for California Residents

Unlike GDPR's opt-in consent model, California's privacy laws emphasize opt-out rights. Businesses can collect data for legitimate purposes but must provide consumers with clear opt-out options [1]. A prominent example is the "Do Not Sell Or Share My Personal Information" link, which must be easily accessible on websites [1][2].

CCPA/CPRA includes exemptions for data covered by other U.S. laws like HIPAA and GLBA, though these rarely apply to typical advertising data [1][2]. CPRA also introduces the concept of "Sensitive Personal Information", which includes data like precise geolocation, racial or ethnic origin, and personal communications [2].

The definition of "sale" under CCPA/CPRA is broad and includes sharing data with advertising partners for cross-context behavioral advertising. This means most programmatic advertising involving California residents requires opt-out mechanisms, even if no money changes hands for the data.

Transparency is critical. Provide clear, plain-language privacy and cookie policies that explain what data you collect, how it’s used, and who it’s shared with [1]. Avoid legal jargon to ensure consumers can easily understand your policies.

Implementing opt-out mechanisms effectively requires coordination across your entire ad tech stack. When a California resident opts out, that preference must be reflected across all advertising platforms, data management tools, and partner systems to ensure their data isn’t used for targeted advertising.

Focusing on first-party and zero-party data strategies simplifies compliance with both GDPR and CCPA/CPRA. By gathering data directly from consumers through your own channels and asking for their preferences, you can build transparent and privacy-compliant relationships [1].

These tailored strategies for international and California audiences are essential for a robust compliance framework.

OTHERSIDE's programmatic platform supports privacy compliance across Connected TV, Display & Native, Mobile Apps, and Digital Out-of-Home & Audio channels. With transparent reporting tools, the platform helps advertisers monitor consent status and data usage while maintaining the precision targeting and real-time optimization needed for successful campaigns.

Ad Content and Disclosure Requirements

Advertising content must adhere to principles of truthfulness and transparency. The Federal Trade Commission (FTC) mandates that all advertising claims be backed by evidence before they are published.

As the FTC states:

"Under the law, claims in advertisements must be truthful, cannot be deceptive or unfair, and must be evidence-based." – Federal Trade Commission [3][5]

The FTC evaluates ads from the consumer's perspective, focusing on the overall impression the ad creates rather than the advertiser's intentions [6]. This means advertisers must substantiate even implied claims, and disclaimers cannot fix statements that are fundamentally misleading.

Truth in Advertising Standards

Once privacy compliance is addressed, ensuring the accuracy of claims becomes essential. Every claim must be supported by solid evidence, such as testing, third-party data, or consumer research. The amount of proof required depends on the nature of the claim and its potential impact on consumers.

Certain industries, like healthcare, financial services, and dietary supplements, face heightened scrutiny. The FTC closely monitors claims that affect health or finances, which includes those related to food, over-the-counter drugs, dietary supplements, alcohol, tobacco, and high-tech products [4]. If you’re in these sectors, prepare to provide strong evidence to back your claims.

Use clear, straightforward language and avoid technical jargon. Testing ad copy with your target audience can help ensure clarity, especially when communicating with vulnerable groups or operating in highly regulated fields.

While disclaimers can provide helpful context - such as clarifying customer reviews or comparative claims - they cannot replace the need for substantiating a misleading primary claim. Extraordinary claims require equally strong disclaimers to ensure clarity and compliance.

In May 2025, the FTC introduced a rule against unfair fees, requiring advertisers to disclose total prices and fees upfront [7]. This reflects a broader push for transparency in pricing across all forms of advertising.

Affiliate and Influencer Disclosure Rules

Affiliate marketing and sponsored content must include clear and prominent disclosures in line with FTC guidelines. These disclosures should be easy for consumers to notice before they engage with the content.

When working with influencers, ensure they are familiar with FTC disclosure rules before launching a campaign. Include compliance requirements in agreements, provide pre-campaign briefings, and share disclosure templates if necessary. Ultimately, compliance is the advertiser’s responsibility.

Monitor influencer content regularly to confirm that disclosures are timely and appropriate for the platform. Since disclosure formats can vary by platform - what works on Instagram might not suit TikTok or X (formerly Twitter) - adjustments may be needed.

Consumer reviews also require careful handling to stay compliant. Avoid practices like highlighting only positive reviews, "gating" feedback by directing positive comments to one platform while hiding negative ones, or deleting legitimate negative reviews. While spam or fake reviews can be removed, genuine negative feedback must remain visible.

If consumers are compensated or incentivized to leave reviews - whether through payments or free products - this must be clearly disclosed in a way that is easy for others to see.

By following these practices, advertisers can ensure their campaigns remain transparent and maintain the trust of their audiences.

OTHERSIDE’s tools for cross-channel retargeting and real-time performance optimization support compliance across platforms like Connected TV, Display & Native, Mobile Apps, and Digital Out-of-Home & Audio. With transparent reporting features, advertisers can track both disclosure compliance and campaign performance while targeting their audiences effectively and meeting regulatory standards.

Platform and Technology Compliance Setup

Modern programmatic platforms come equipped with automated tools designed to simplify regulatory compliance. While these systems handle much of the heavy lifting, they still require proper setup to ensure everything operates within legal boundaries.

The key to staying compliant lies in effectively using platform features to address privacy, transparency, and brand safety concerns. When configured correctly, these tools not only help avoid violations but also maintain the performance of your campaigns.

Programmatic Platform Settings

Compliance starts with configuring your platform to meet privacy and disclosure requirements. Many platforms now include consent management systems that streamline user permissions across regions. These systems automatically detect user locations and apply the relevant privacy rules - no manual intervention needed.

• Consent management: Make sure your platform is set up to obtain explicit consent in GDPR regions and allow opt-outs for CCPA users. It should also block data collection if users haven’t provided consent.

• Data retention settings: Adjust these based on regulations. Set schedules for automatic deletion of user data, typically ranging from 30 days to two years, and ensure inactive user profiles are purged.

• Audience targeting controls: Avoid discriminatory practices by disabling certain targeting options. For sensitive campaigns, you can limit targeting by age, gender, or location to ensure fair practices.

• Cross-border data transfer: If you’re running international campaigns, configure your platform to use approved data transfer mechanisms like Standard Contractual Clauses. Some platforms automate this process, while others require manual setup.

• Transparency reporting: Enable features that document data flows for audits. Automated reports should detail which third parties receive user data, how long it’s retained, and its intended use.

Ad Verification and Brand Safety Tools

Ad verification tools are essential for maintaining quality and protecting your brand from fraud or harmful placements. These systems evaluate ad environments and block problematic content before it impacts your campaigns.

• Viewability measurement: Ensure ads are actually seen by users. Set thresholds such as 50% of the ad being visible for at least one second for display ads, or two seconds for video ads. This ensures you’re paying only for ads that meet viewability standards.

• Brand safety filters: Use keyword blocking lists to prevent ads from appearing near inappropriate or controversial content. While most platforms offer pre-built safety categories, custom filters give you more control to meet specific brand needs.

• Fraud detection systems: Protect your campaigns from invalid traffic by configuring tools to identify bot activity, click farms, and other fraudulent behaviors. Set up automatic rules to block suspicious IPs and unusual click patterns.

• Content verification: Enable tools that scan webpage content, video context, and app environments to ensure they align with your brand’s values. This is especially critical for Connected TV and mobile app advertising, where content can vary significantly.

• Geographic compliance: Set up location-based rules to adjust ad content, data collection, and targeting based on user location. This is vital for campaigns spanning multiple countries with different advertising laws.

OTHERSIDE’s programmatic platform integrates these compliance tools across various channels, including Connected TV, Display & Native, Mobile Apps, and Digital Out-of-Home & Audio. Their transparent reporting system provides real-time compliance metrics, and cross-channel retargeting ensures user privacy preferences are respected across all touchpoints. With campaigns launching in just seven days and dedicated account management, advertisers can hit the ground running with a compliance-ready setup.

To stay ahead, schedule monthly reviews of your platform settings to take advantage of new features or updates. Many platforms also offer compliance newsletters or alerts to keep you informed about regulatory changes.

Compliance Monitoring and Documentation

Once you've launched a compliant campaign, the real work begins. Ensuring your campaign stays within regulatory boundaries requires ongoing monitoring and thorough documentation. Regulations can change, campaigns can expand, and without a solid system in place, even the most carefully designed strategies can slip into non-compliance.

Keeping things on track involves blending automated tools with human oversight. While technology can handle much of the real-time tracking, human review is essential for catching unusual issues and staying ahead of regulatory shifts.

Setting Up Monitoring and Audit Systems

Start by establishing compliance thresholds that trigger automatic alerts. For instance, set notifications for privacy-related concerns, such as when consent rates drop below acceptable levels or when opt-out requests spike unexpectedly. Similarly, enable alerts tied to data retention schedules to ensure timely deletion of data.

Automated audit trails are another must-have. These systems should log critical compliance activities, like when consent was collected, how data is processed, and any changes to targeting parameters. This tracking creates a clear record of how and when individual data was collected and used.

If your campaigns run across multiple platforms - like Connected TV, mobile, display, or digital out-of-home - cross-channel monitoring is essential. A unified reporting system can consolidate compliance metrics from all channels, helping you avoid gaps that could lead to violations.

Regular compliance reports, such as weekly summaries, can spotlight important metrics like consent rates and adherence to data retention policies. These reports can also flag potential issues, such as a drop in consent rates on a specific platform, which might hint at technical problems with your consent management setup.

Additionally, conduct periodic deep-dive audits. These go beyond automated checks to review campaign targeting for unintended bias, ensure that required disclosures are clear, and confirm that all data-sharing agreements are up-to-date and compliant.

These monitoring efforts naturally tie into strong documentation practices, which are key to maintaining compliance over time.

Compliance Record Keeping

Monitoring alone isn’t enough - you need reliable documentation to back up your compliance efforts. Detailed records can protect your organization during regulatory reviews and demonstrate your proactive approach to staying compliant.

For consent records, capture more than just a "yes" or "no." Record the exact language shown to users, the timestamp of their consent, the method used (like a pop-up or banner), and any changes to their consent status. Organize this data so it’s searchable by user ID, campaign, or date.

Data processing logs are equally important. These should detail all processing activities, including third-party data recipients, the legal basis for processing, and retention schedules. While many platforms generate these logs automatically, periodic manual reviews help ensure their accuracy.

For campaigns involving influencer partnerships, keep copies of signed disclosure agreements and evidence of how these disclosures appeared in the final content. This ensures transparency and protects against potential compliance issues.

Vendor compliance certificates are another critical piece of documentation. Request updated compliance reports, privacy certifications, or data processing agreements from your technology partners whenever contracts renew or regulations change.

If a compliance issue arises, document your response thoroughly. Include the initial report, investigation steps, remediation actions, and any follow-up measures. These records demonstrate your commitment to resolving issues and maintaining regulatory standards.

For example, OTHERSIDE's reporting system simplifies compliance documentation by automatically generating many of these records. Its real-time monitoring tools adapt to evolving regulations, while cross-channel capabilities ensure consistent documentation across platforms like Connected TV, mobile, and display. Precision targeting tools further help avoid practices that could lead to compliance concerns.

Finally, establish clear storage and access protocols for your compliance records. Regulations often require records to be retained for several years, though specific industries may have longer requirements. Use role-based access controls to limit who can view sensitive data, and maintain backups to safeguard against data loss. These practices ensure your records remain secure and accessible when needed.

Final Compliance Checklist

Here’s a streamlined checklist to help ensure compliance both before launching and throughout your campaigns. Each point is designed to address key areas of privacy, advertising standards, and platform setup.

Privacy and Data Protection

• Implement a consent management system to gather explicit user consent.

• Ensure GDPR compliance is active for international audience segments (see Privacy Laws and Consumer Data Requirements for details).

• Provide clear, operational opt-out options for California residents.

• Document data retention policies and set automated deletion schedules.

• Confirm third-party agreements include up-to-date privacy clauses.

Ad Content and Disclosures

• Back up all advertising claims with verifiable evidence.

• Use clear disclosures for sponsorships, such as #ad or #sponsored tags.

• Ensure FTC-compliant disclosures for affiliate relationships.

• Add targeting restrictions and warnings for age-sensitive content.

• Include disclaimers tailored to specific industries (e.g., financial or health-related content).

Platform and Technology Setup

• Enable brand safety filters to avoid inappropriate content placements.

• Exclude sensitive categories and prohibited placements in ad settings.

• Honor user privacy preferences across all platforms and channels.

• Use ad verification tools to monitor campaign performance and placement quality.

• Set frequency caps to limit excessive ad exposure.

Monitoring and Documentation Systems

• Set up automated alerts for drops in consent rates or data retention deadlines.

• Maintain timestamped audit trails of all compliance activities.

• Generate weekly compliance reports tracking key metrics.

• Keep current vendor compliance certificates in an easily accessible location.

• Document incident response procedures for addressing potential violations.

Campaign-Specific Verification

• Avoid discriminatory targeting based on protected characteristics.

• Ensure geographic restrictions comply with local advertising laws.

• Allocate part of your budget specifically for compliance monitoring.

• Review creative assets for regulatory compliance across all channels.

• Do not collect personally identifiable information without explicit user consent.

OTHERSIDE’s platform helps streamline compliance by automating monitoring and maintaining consistency across Connected TV, display, mobile, and digital out-of-home channels.

Make sure to review everything pre-launch and conduct monthly audits to stay compliant and uphold responsible advertising practices.