Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H395

Introduced
2/16/23  

Caption

Relative to online advertising

Impact

The proposed legislation stands to significantly influence state laws related to consumer privacy and data protection. By establishing clearer guidelines for online advertising, HB 395 is designed to bolster consumer rights, providing individuals more control over their personal information. This act could lead to increased accountability among advertising networks, as it places strict requirements on the collection and use of data. Furthermore, it may set a precedent for similar legislation in other states, possibly influencing a shift towards stricter regulations on digital advertising nationwide.

Summary

House Bill 395 aims to regulate online advertising practices within the Commonwealth of Massachusetts. Named the Online Advertising Act, this bill defines key terms related to advertisement and consumer information management. It seeks to create a framework under which third-party advertising networks can operate by dictating how non-personally identifiable information and personally identifiable information should be handled and protected. This includes stipulations for obtaining consumers' consent before using sensitive information for advertising purposes and mandates transparency in data collection practices.

Contention

While supporters hail this bill as a necessary step towards protecting consumers' privacy in a digital age, there remain concerns regarding its potential overreach. Critics argue that imposing stringent regulations could impose an unnecessary burden on businesses, particularly smaller entities that may struggle to comply with these new requirements. Additionally, some stakeholders fear that excessive regulations could stifle innovation within the advertising sector, leading to less effective marketing strategies and ultimately affecting consumers adversely.

Companion Bills

MA H2828

Similar To Establishing a tax for online advertising

MA H4680

Replaced by Study Order

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