{"id":8558,"date":"2026-03-31T08:25:00","date_gmt":"2026-03-31T13:25:00","guid":{"rendered":"https:\/\/trustarc.com\/?post_type=resource&p=8558"},"modified":"2026-03-31T08:01:43","modified_gmt":"2026-03-31T13:01:43","slug":"privacy-enforcement-surging-2026","status":"publish","type":"resource","link":"https:\/\/trustarc.com\/resource\/privacy-enforcement-surging-2026\/","title":{"rendered":"Privacy Enforcement Is Surging in 2026"},"content":{"rendered":"\t\t
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\n\t\t\t\t\t\t\t\t\tArticle<\/strong>\n\t\t\t\t\t\t\t\t\t\t

Privacy Enforcement Is Surging in 2026<\/h1>\n\t\t\t\t\t

March 31, 2026<\/strong><\/em><\/p>\n\t\t\t<\/div>\n\t\t<\/section>\n\t\t\n\n\t

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Many organizations still operate under a dangerous assumption: \u201cWe have a cookie banner on our website, so we\u2019re covered from a compliance perspective.\u201d<\/em> In practice, regulators are increasingly evaluating how consent actually functions in real-world environments. That\u2019s why many organizations are<\/strong> conducting formal consent and consumer rights reviews<\/a> to ensure their mechanisms operate as intended.<\/p>\n

Unfortunately, 2026 is proving to be the year that regulators “look under the hood.” Recent enforcement actions show that consent failures are rarely about the presence or absence of a banner alone. Instead, they often stem from deeper operational issues: misconfigured consent tools, broken opt-out mechanisms, and interface designs that make privacy choices harder than they should be.<\/p>\n

Whether the issue is ignored browser opt-out signals, advertising cookies that continue operating after a consumer opts out, or “dark patterns” that make privacy choices harder to exercise, the message is the same: Cookie consent<\/a> is not just a banner. It is a compliance system.<\/strong><\/p>\n

Regulators Are Looking Beyond the Banner<\/h2>\n

Privacy regulators are no longer satisfied with surface-level compliance. They are increasingly evaluating how consent mechanisms function in practice. In California, a record-breaking wave of enforcement<\/a>, totalling over $9 million in fines (since 2025), has targeted companies that fail to bridge the gap between their privacy policy and their technical implementation.<\/p>\n

The 2026 Enforcement Snapshot:<\/h2>\n
\n\n\n\n\n\n\n\n
Company & Settlement<\/th>\nEnforcer & Primary Compliance Failure<\/th>\n<\/tr>\n<\/thead>\n
Disney \u2014 $2,750,000<\/strong>
\n(February 11, 2026)<\/small><\/td>\n		California Attorney General<\/strong>
\nRegulators found that Disney did not properly apply consumer opt-out requests across its streaming services and devices[cite: 149]. Issues included:<\/p>\n
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  • Opt-out settings applied only to specific devices instead of the entire account[cite: 149].<\/li>\n
  • Connected TV users were directed to webforms instead of in-app opt-outs[cite: 149].<\/li>\n
  • GPC signals were not applied consistently across account devices[cite: 149].<\/li>\n
  • Data sharing continued after opt-out requests[cite: 149].<\/li>\n<\/ul>\n<\/td>\n<\/tr>\n
PlayOn Sports \u2014 $1,100,000<\/strong>
\n(February 27, 2026)<\/small><\/td>\n		CPPA<\/strong>
\nIssues were identified regarding data collection via their digital ticketing platform[cite: 149]. Issues included:<\/p>\n
    \n
  • Cookie banners required “Agree” with no equivalent option to decline[cite: 149].<\/li>\n
  • Phone\/email opt-out mechanisms failed to stop website tracking[cite: 149].<\/li>\n
  • Failure to honor Opt-Out Preference Signals\/GPC[cite: 149].<\/li>\n
  • Outdated privacy policy that did not explain opt-out rights[cite: 150].<\/li>\n<\/ul>\n<\/td>\n<\/tr>\n
Ford Motor Company \u2014 $375,703<\/strong>
\n(February 27, 2026)<\/small><\/td>\n		CPPA<\/strong>
\nDetermined that unnecessary barriers were created for consumers trying to opt out[cite: 150]. Under CCPA, companies may not require identity verification for opt-out of sale\/sharing[cite: 150]. Issues included:<\/p>\n