Hyper-Personalized Advertising: One Size Does Not Fit All
Executive Summary
Advertising, in its essence, is a means to create a connection between the consumer and product. With rapid advancements in advertising and marketing technology and data driven strategies advertisers can engage with consumers on increasingly personal levels. Personalized advertising spans a range of activities, starting with more commonly discussed engagement methods such as personalized offers and discounts, behavior and interest based targeted advertising, and content and product recommendation algorithms based on history and profiling. Adding layers of VR and AR, advertisers have been able to engage consumers within the consumers' own space, allowing for a deeper advertising experience. Now GenAI creates an unprecedented opportunity for hyper-personalization, with the ability to build content, products and experiences in real time to engage consumers on a highly individual level.
With the enhanced opportunity to engage consumers, advertisers also have to navigate a constantly shifting legal landscape, including:
- Emerging AI regulation, including AI governance concerns, IP issues related to inputs and outputs, and mitigating unintended outputs, bias, and hallucinations.
- Evolving privacy regulation focused on data minimization, increased transparency and choice for consumers the use of data particularly for profiling and targeted advertising, heightened risks with sensitive data that also offers the highest level of personalization.
- Managing reputation and integrity in advertising, what are the boundaries for advertisers in the pursuit of personalized engagement.
- Mitigating risks between advertisers, agencies, data providers, and technology providers.
Speakers:
Monique (Nikki) Bhargava
Partner
Reed Smith LLP
Sarah Bruno
Partner
Reed Smith LLP
Idara Udofia
Associate
Reed Smith LLP
CLE Materials
- Concurring Statement of Commissioner Andrew N. Ferguson on Surveillance Pricing Intermediaries
- Illinois Biometric Information Privacy Act
- Order to File a Special Report
- Proposed Text of Regulations — October 2024
- Resolution Directing the Use of Compulsory Process Regarding Surveillance Pricing Involving Intermediary Companies
- Surveillance Pricing Cover Letter
- The EU AI Act: Essential Steps for Business Compliance