How U.S. Privacy Laws and New State Laws Will Influence Publisher Revenue Models in 2025-2026

Privacy law is no longer a side concern for publishers. With laws like the California Consumer Privacy Act (CCPA) and its stronger variant, CPRA, coming into force and many new state laws becoming effective, 2025-2026 will bring large changes in how publishers earn money. These changes will reshape many business models. Publishers who prepare can protect revenue and even find new streams of income. Others may find margins squeezed if they do not adapt.

This article covers what CCPA and CPRA require now, what new laws are arriving, how those laws are already influencing revenues, how publisher revenue models are likely to change, and what publishers should do to stay ahead.

What CCPA and CPRA Require Now

The CCPA gave residents of California rights over their personal data. Those rights include knowing what personal information is collected, with whom it is shared, opting out of the sale of their data, requesting deletion of personal data, and avoiding discrimination for exercising those rights. 

CPRA builds on CCPA. It adds rules about sharing personal data (not just selling it) and introduces stronger protections for sensitive personal data such as precise location, race, religion or other personal attributes. It demands clearer notice to users, restrictions on how long data can be kept, stricter obligations for data processors, and greater enforcement through a dedicated regulatory agency. 

Under CPRA, businesses must allow consumers to opt out not only of data sales but of cross-context behavioral advertising. Publishers and platforms that derive a large share of revenue from selling or sharing data, or that handle the personal data of large numbers of consumers, are most affected. 

CPRA’s newly finalized regulations include requirements for risk assessments, cybersecurity audits, and adjusted regulatory oversight. Those regulations will begin to be enforced from January 2027. 

New and Upcoming Privacy Laws in the U.S. States

Many states have passed privacy laws or are preparing them. The U.S. has no single national privacy law yet. That means publishers operating across state borders must deal with many sets of rules. 

In 2025, several state privacy laws will take effect. States like Minnesota, Tennessee, and others will require publishers to follow data minimization, purpose limitation, and stronger rights for users to know what data is collected or processed. Some of those laws expand what counts as “sensitive personal information.” 

Laws differ on thresholds of revenue, number of consumers affected or how much data a company processes before compliance applies. Some states require businesses to respond to consumer requests for data deletion or correction. Others also require transparency about data practices and strong technical and administrative safeguards. 

Growing trend for universal opt-out or global privacy control signals also appears in new state laws. These give users simple ways to signal they do not want their personal data sold or shared. That adds complexity for publishers who rely on behavioral targeting. 

How Privacy Laws Are Already Affecting Publisher Revenue

Publishers are beginning to feel financial impacts. Revenue sources tied to targeted and behavioral advertising are under pressure. When many users opt out of data sharing or behavioral tracking the value of ad inventory falls. Advertisers pay less for inventory when they cannot precisely target or measure results. Premium publishers with high-quality content tend to suffer less drop in value. Niche publishers may maintain better CPMs if their audiences are engaged. 

Ad impression pricing for users who are not trackable tends to decline. That creates a revenue gap between trackable and non-trackable traffic. Publishers must fill that gap or accept lower overall yield. 

The cost of compliance also reduces net revenue. Publishers invest in consent management tools, legal advice, technical adjustments, user notice mechanisms, audit and data security improvements. Those costs cut into profit. 

Some publishers may see traffic loss if consent banners are poorly designed or deter usage. Poor user experience around consent or too many interruptions can reduce engagement or page views. Lower engagement often means lower ad fill rates, fewer viewable impressions, and reduced RPM. 

How Publisher Revenue Models May Evolve in 2025 and 2026

Given these demands, publisher revenue models will need adjustments. The following shifts look likely:

  1. More reliance on first-party and zero-party data

    Publishers will try to collect data directly from users who visit their sites, subscribe, register, or engage. Data that users voluntarily provide (newsletters, memberships, quizzes, etc.) will become more important. That data is less vulnerable to opt-out or regulatory restrictions.
  2. Greater use of contextual advertising

    Rather than relying on behavioral targeting, more advertising will match content or page context. Advertisers who want safe, compliant placement without heavy tracking will pay for ad slots around relevant content. Publishers who can provide high quality contextual inventory may see a boost.
  3. Hybrid models: Freemium, Subscription, Paywalls

    Some publishers will charge for a version of content free of tracking or ads. Others may offer subscriptions or memberships to users who wish to avoid opt-in banners. Paywalls or “pay for privacy” models, where users pay for ad-free or privacy-protected experiences, may increase.
  4. Private Marketplaces (PMPs) and Direct Deals

    More advertisers will prefer direct relationships or private marketplace deals with trusted publishers rather than buying via open RTB auctions. This allows better control, transparency, cleaner supply paths, and agreed terms about data use. That can lead to higher CPMs for publishers who can deliver consistency and compliance.
  5. Measure differently

    Since granular tracking may be limited, publishers will adopt new metrics and measurement practices. Lift testing, aggregated cohort measurement, media mix modeling, and attention and viewability metrics will grow in importance. These approaches may not produce the same precision, but they will satisfy advertisers’ needs for accountability.
  6. Improved consent tools and user experience

    Publishers will invest more in Consent Management Platforms (CMPs) and privacy UX. Better banners, clearer notices, and more friendly opt-out flows may improve opt-in rates or reduce churn in ad revenue.
  7. Revenue diversification

    Advertising will remain central for many, but not the only source. Revenue from eCommerce, affiliate marketing, events, branded content, sponsorships, licensing, and merchandising may gain more weight. Owning audience relationships and harnessing trust will support that diversification.

Risks for Publishers Who Do Not Adapt

Publishers who do not align with privacy requirements may face penalties. They may lose advertiser trust. Their ad inventory may receive lower bids. Fill rates may drop. Revenue per thousand PageViews (PageRPM) may fall. Costs will increase for compliance and data management. In many regions, reputational damage can also reduce traffic or audience loyalty.

Fragmentation of laws across many states means complexity. Publishers operating nationally will need to support many different regulatory regimes. That adds cost and risk of mistakes.

What Publishers Should Do to Protect and Grow Revenue

To navigate 2025-2026 successfully, publishers might consider taking these actions:

  • Implement or refine a Consent Management Platform (CMP) that is user friendly, legally sound, and optimized for higher opt-in.
  • Monitor new privacy law enactments in states where their audience resides. Maintain compliance across jurisdictions.
  • Shift investment toward content quality, niche verticals or high engagement segments where contextual targeting works well.
  • Build mechanisms to collect first-party and zero-party data (newsletters, user profiles, loyalty programs) while respecting privacy.
  • Explore subscription or membership models, or offer privacy-protected versions of content.
  • Collaborate with advertisers on transparent supply paths, private deals, or PMPs that have clear terms for data usage.
  • Update measurement frameworks to use aggregated, cohort, or privacy-preserving models. Focus on metrics advertisers value, such as viewability, engagement, and incrementality.
  • Keep data security and governance strong to maintain trust and avoid enforcement actions.

Conclusion

U.S. privacy law is changing. For publishers, revenue models in 2025-2026 must adapt to stricter rules on collection, sharing, and use of personal data. Publishers who align their business strategies proactively with privacy law, invest in trust and transparency, shift toward less invasive targeting approaches, and diversify income sources may not only protect revenue but also unlock new opportunities. Those who delay risk lower revenue, higher costs, and potential regulatory liability.

Publishers who view privacy not as a constraint but as a foundation for sustainable growth will be better positioned in this evolving landscape.

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