Privacy is the new currency in digital marketing

Free tools come at a price — your data. As third-party cookies vanish, marketers must earn trust through transparency, consent and real value.

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There is an old web adage, “Either you buy a product or you are the product!” I rephrased this years ago as “It’s the cost of free.” For decades, we’ve been giving away behavioral and personal data all for the use of some free tools and free content. Worse still, paid tools and online services are also collecting this data. In both cases, that data is often collected — with or without our explicit permission. These days are almost over.

As third-party cookies usage fades into digital marketing history, marketers face more than a technical shake-up. It’s a turning point in how we build trust with users.

That’s how the cookie crumbles

The warning signs have been flashing for years. Safari and Firefox moved early to block third-party cookies, pushing privacy into the spotlight. Google’s announcement that Chrome would follow suit got the industry’s attention — even though that plan was ultimately scrapped.

But by the time they backtracked, the shift was already underway. Marketers had started adapting, and consumer expectations had changed.

While third-party cookies may live on a little longer, the old model of behind-the-scenes tracking is running out of road. Consent-driven interaction is taking its place. Trust and transparency aren’t just compliance checkboxes — they’re brand assets.

Marketers must evolve from data miners to ethical stewards. Done right, that shift isn’t just about keeping up — it’s a long-term strategic edge.

Dig deeper: As Google brings back cookies, marketers stick with privacy-first strategies

Privacy expectations have changed

Legislation like GDPR, CCPA and their global cousins have done more than shift legal requirements. They’ve reset consumer expectations. Users now expect to know how their data is used and to have options.

Turn on your TV or watch a few YouTube videos, and you’ll notice ads for apps that promise privacy protection and blocking trackers. Consumers are taking action. Cisco’s 2024 Consumer Privacy Survey found that a staggering 81% say the way a company handles their data reflects how that company sees them. That’s massive.

Privacy is no longer a hurdle. It’s a litmus test. When people feel tricked, they bounce. But when they feel respected, they engage. The takeaway for marketers is clear: consent isn’t the enemy of growth — it’s the gateway to loyalty.

Rise of first-party and zero-party data

With third-party data drying up, brands are turning to intentional alternatives. 

  • First-party data gathered through customer behavior (i.e., visits, purchases and email sign-ups). 
  • Zero-party data where customers voluntarily share preferences, needs or intentions.

The key? You have to earn it. Innovative brands understand this value exchange. Think product quizzes that deliver accurate and reliable recommendations or loyalty apps (i.e., from your favorite coffee chain or fast food restaurant) that remember your favorite order. These aren’t sneaky data grabs. They offer something in return. When done well, customers are eager to opt in and even buy more.

From a digital analytics perspective, shifting to known users over anonymous cookies delivers richer, more accurate insights.

Dig deeper: Marketers discuss their first-party data strategies

Consent is a UX challenge

Ethical data collection isn’t just what you ask — it’s how you ask. Clumsy cookie banners that look more like pop-up ads and vague opt-ins erode trust. And dark patterns, those sneaky designs that steer people toward “Accept all,” might boost metrics short-term, but they poison long-term loyalty.

Leading brands are flipping the script with consent flows that are:

  • Clear and jargon-free privacy and cookie policies.
  • Granular in control (e.g., necessary vs. marketing cookies).
  • Consistent across devices and channels.

Take a cue from the European Commission’s GDPR consent experience. It’s a masterclass in compliance and clarity. But how often has your legal team insisted on including a “Reject all cookies” button only to hide what’s in “Essential cookies”?

Image of the consent pop-up from European Commission, responsible for GDRP
Image of the consent pop-up from European Commission, responsible for GDRP

Dig into the European Commission’s cookie policies, and you’ll find analytics included in required tools. They are included along with other third-party services. Now read your company’s/brand’s cookie policy. Do you even have one? Is it clear and straightforward? Transparency builds trust — obfuscation breaks it. Are you expressly asking for permission to collect analytics data?

Building with ethics and the right tech

You can’t retrofit ethical data practices. They must be baked into your digital culture. Consent management platforms (CMPs) aren’t optional. Neither are customer data platforms (CDPs) with robust governance models.

Newer privacy-preserving technologies — like Google’s Privacy Sandbox — are also emerging. But proceed with caution. Anything promising cookie-like tracking via fingerprinting or other opaque methods is likely just surveillance rebranded. And consumers can tell when something feels off. If your data strategy bypasses consent, it’s built on quicksand.

Dig deeper: How to build customer trust through data transparency

Trust as a strategic advantage

Treating privacy like a legal burden is outdated thinking. It’s time to reframe trust as a growth driver. When people willingly share their data, it’s a vote of confidence. You can’t win that trust with a 20-page privacy policy but can earn it with honest, consistent experiences.

Take Apple. Sure, their strong privacy stance limits third-party tracking, but it’s also a core part of their brand identity. People know Apple protects their data, and that trust translates to loyalty. You don’t need to be Apple to follow this lead. Make privacy part of your customer experience, not an afterthought managed by legal.

The end of passive data collection

The days of invisible trackers and silent scripts are ending. What’s replacing them is a more transparent, more human approach to data collection based on consent and mutual value.

This is not a trend. It’s the future. And it’s about more than regulation — it’s about relationships. Here’s the question every marketer needs to ask themselves: Are you ready to earn your data, or are you still trying to collect it the old-fashioned way?

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About the author

Alan K'necht
Contributor
Alan K'necht an independent SEO, social and analytics consultant, a public speaker, award-winning author and a corporate trainer (SEO, social media marketing and digital analytics).