Executive Briefing: Saturday 26 September

Marketers face urgent privacy compliance demands as new laws introduce significant data broker registration fees and bans on sensitive data sales, compounded by widespread website consent failures. A major agency acquisition of identity infrastructure raises concerns over data neutrality. Meanwhile, social media strategies are shifting to prioritise discoverability and authentic, unpolished content, and CMOs continue to grapple with flat budgets while trying to scale AI investments. New Privacy Laws and Widespread Consent Failures Demand Urgent Action The recently enacted New Jersey A5328 law introduces a "data collector" category, compelling companies selling or licensing personal data to a data broker to register and pay annual fees, ranging from $5,000 to $1.5 million. This law also bans selling sensitive data outright, with no consent exception, impacting data monetisation and sharing agreements involving categories like precise geolocation or health information. These new mandates highlight persistent industry challenges, as recent audits show 79% of 450 US websites loaded targeting or advertising tags even after users opted out, despite having a Consent Management Platform. Such widespread non-compliance, also evident in specific sectors like healthcare, underscores the critical need for robust, auditable consent management and precise tag governance to verify compliance and mitigate legal exposure. Publicis Groupe's LiveRamp Acquisition Raises Data Neutrality Concerns The planned acquisition of LiveRamp by Publicis Groupe is set to reshape the ad tech landscape, sparking concerns over data neutrality and advertiser control. LiveRamp’s identity resolution services, including RampID and Authenticated Traffic Solution, are fundamental across the ecosystem, supporting critical workflows in platforms like DV360. With a major media buying entity now owning this core identity infrastructure, questions arise regarding the objectivity of independent verification for media effectiveness, audience definitions, and attribution logic. This consolidation reflects a broader trend where agency holding companies integrate media execution with data infrastructure, potentially impacting the transparency and objectivity of campaign measurement for brands that rely on independent data solutions. Social Media Shifts to Discoverability and Authentic Content Social media strategy is fundamentally changing, with algorithmic feeds increasingly prioritising relevance over follower count. Over 70% of content views often come from non-followers, indicating brands should focus on creating highly discoverable content rather than solely growing their existing audience. Moreover, authentic, unpolished Instagram Reels are outperforming highly produced content, driven by a consumer preference for relatable, behind-the-scenes experiences. This shift is evident even among major brands, which are now using creator-shot vertical videos for commercials, underscoring the value of genuine enthusiasm and continuous content testing over polished production. CMOs Grapple with Flat Budgets and Untapped AI Potential Chief marketing officers (CMOs) are navigating persistent pressure with marketing budgets holding largely flat, despite increasing program demands. While an average of 15.3% of marketing budgets is now allocated to AI initiatives, a key challenge is that many organisations lack the maturity to effectively scale these investments. A significant majority of CMOs report insufficient budget (56%) and resources (54%) to deliver their 2026 strategies. This scenario highlights the urgent need for enhanced workforce planning and project portfolio management to ensure marketing teams can efficiently staff programs and maximise their return on AI investments amid ongoing resource constraints.