United States Consent Management Market

Market Overview

The U.S. consent management market size was valued at USD 169.0 million in 2023 and is projected to reach USD 840.8 million by 2032, registering a CAGR of 19.1% during the forecast period (2024-2032). The U.S. consent management market share is being pushed by stringent data privacy rules, increased consumer knowledge of data privacy rights, and the need for enterprises to create trust and openness in data practices.

Consent management is getting, recording, and managing user consent for organizations to collect, process, and share their personal information. With an increased emphasis on data privacy and regulatory compliance, particularly under laws such as the General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA), organizations must obtain individuals' explicit consent before collecting or using their personal information.

The U.S. consent management market is a booming sector within the larger domain of data privacy and compliance, committed to helping enterprises efficiently manage user consent for the collecting, processing, and exchanging personal information. Consent management platforms provide tools and procedures for companies to gain explicit consent from individuals, keep track of consent preferences, and provide users more control over their data. This market is experiencing considerable expansion as consumers become more aware of their data privacy rights, regulatory enforcement actions are taken, and businesses must develop trust with their customers through transparent and ethical data practices.

However, limitations such as a lack of comparable legal rules worldwide and slower implementation of consent management and data privacy standards may limit revenue growth in the industry. Data privacy legislation and permission management have yet to be widely implemented in several emerging countries. These considerations could restrict the market's revenue growth.

Highlights

• The solution generates the highest revenue share by component.
• Web App accounts for the largest market share by touchpoint.
• Cloud dominates the market by deployment.

Market Dynamics

The U.S. Consent Management Market Drivers:

Regulatory Compliance

The CCPA passed in 2018 and effective January 1, 2020, is one of the most extensive state privacy regulations in the United States. It gives California individuals rights over personal information and puts requirements on companies that gather and manage that data. The CCPA's key elements include the right to know about data collection activities, the right to opt out of the sale of personal information, and the right to access and erase personal information. Furthermore, most of the CPRA's provisions went into effect on January 1, 2023, with the remainder on July 1, 2023. This regulation mandates enterprises to allow customers to opt out of selling their personal information and limit sensitive data handling.

Furthermore, in 2023, five new state privacy laws were enacted in the United States, including provisions governing the sale of personal information and targeted advertising. Some regulations mandate opt-in consent for ad targeting, while others need opt-out. On January 1, 2023, two new state privacy laws were enacted: California's Consumer Privacy Rights Act (CPRA) and Virginia's Consumer Data Privacy Act (VCDPA). 

Additionally, the California Attorney General's Office, in charge of implementing the CCPA, has released instructions highlighting the need to get genuine consumer consent and provide means for revoking an agreement. This advice emphasizes the importance of consent management solutions in attaining CCPA compliance and reducing regulatory risks.

The U.S. Consent Management Market Restraints:

Complex Regulatory Landscape

The regulatory landscape for consent in the United States is complex since it requires navigating several state and federal laws, including new data protection and privacy regulations. These regulations may include provisions for consumer consent, data subject rights, and data minimization principles. In 2023, the United States enacted more data privacy regulations than any other country, with 14 states and the District of Columbia passing legislation. However, the United States currently needs a comprehensive data privacy law. 

In addition, various industries in the United States are subject to sector-specific legislation controlling data privacy and security. For example, the Health Insurance Portability and Accountability Act (HIPAA) requires compliance in the healthcare sector, whereas the Gramm-Leach-Bliley Act (GLBA) regulates the banking business. Navigating these sectoral rules alongside more comprehensive privacy laws complicates consent management efforts since organizations must modify their methods to suit industry-specific needs.

Similarly, Sephora, a shop, was fined USD 1.2 million last year for failing to comply with the California Consumer Protection Act (CCPA). Furthermore, a 2021 poll by the International Association of Privacy Professionals (IAPP) revealed that 56% of US corporations reported spending more than USD 1 million on CCPA compliance efforts, demonstrating the considerable financial burden of legislative compliance. Thus, comprehending the subtleties of many rules and ensuring compliance with consent management methods can be difficult. Businesses may have challenges such as comprehending regulatory requirements, implementing technical controls, and adapting to regulatory changes over time. 

The U.S. Consent Management Market Opportunity:

Rise of Digital Transformation

The digital revolution is transforming industries by incorporating technology into all parts of corporate operations, including customer interactions and backend procedures. In 2023, the US is estimated to spend USD 2.15 trillion on digital transformation (DX), accounting for 35.8% of global DX spending. This transition has resulted in the broad collection and processing of user data across several digital touchpoints, demanding strong consent management policies to assure compliance and consumer trust.

Additionally, businesses in the e-commerce sector collect large amounts of customer data to personalize product recommendations, give targeted promotions, and improve the shopping experience. Using consent management technologies such as cookie consent banners and preference centres, e-commerce companies can get user consent for data tracking and processing activities. Further, According to the Census Bureau, e-commerce sales in the United States are expected to reach USD 1,118.7 billion in 2023, up 7.6% from the previous year. This represents 15.4% of total sales in 2023, up from 14.7% in 2022, illustrating the e-commerce market's enormous size and volume of user data generated.

As a result, the rising digital transformation landscape provides considerable opportunity for consent management solutions to meet the growing demand for ethical data handling, regulatory compliance, and user-centered experiences. Organizations can gain a competitive advantage and improve brand reputation in an increasingly privacy-conscious world by establishing consumer trust and demonstrating a commitment to ethical data management.

Regional Analysis

California Dominates the Global Market

The U.S. consent management market analysis is conducted in California, New York, and Washington.

California is the most significant U.S. consent management market shareholder and is estimated to grow at a CAGR of 18.9% over the forecast period. California is a prominent region in the US consent management industry due to the passage of the California Consumer Privacy Act (CCPA), which sets rigorous obligations on firms that collect and process personal data from California consumers. Companies in California must create comprehensive consent management solutions to comply with CCPA standards while demonstrating transparency and accountability in their data practices. The CPRA is the state's second data privacy law, amending and expanding on the California Consumer Privacy Act (CCPA). The CPRA is based on the opt-out cookie consent framework, which means that no data subject consent is necessary for the usage of cookies if they are given the option to opt out. 

In addition, California's economy is the largest in the United States, with a gross state product (GSP) of USD 3.89 trillion in 2023. It is the world's largest subnational economy. California's market size and economic significance highlight the relevance of CCPA compliance and the state's demand for consent management solutions.

New York is anticipated to exhibit a CAGR of 18.5% over the forecast period, owing to its position as a worldwide financial and business powerhouse. The New York SHIELD Act is a statute aimed at protecting New York residents' private information. It applies to any individual or company that owns or licenses private details on New York residents, including New York-based workers. Financial institutions and businesses in New York must comply with severe data privacy rules, including the New York SHIELD Act and other sector-specific regulations, necessitating comprehensive consent management solutions. Businesses that fail to respond appropriately to a breach may face penalties ranging from a few thousand dollars to USD 250,000. Businesses that fail to provide proper security for personal and private information face fines of up to USD 500,000 per violation.

Washington state is well-known for its growing technology sector, with major corporations such as Amazon and Microsoft situated in the Seattle metropolitan area. As of August 2023, Washington state's tech sector is a vital economic driver, with over 18,000 ICT companies and almost 360,000 tech-related jobs. The Seattle-Tacoma-Bellevue metropolitan area accounts for around 95% of the tech sector's economic effect, with tech workers comprising 12.9% of the local workforce. Washington's concentration of technology enterprises and tech-savvy populace allow consent management solution suppliers to adapt to the state's particular business and consumer needs.

Segmental Analysis

The U.S. consent management market is segmented based on component, touchpoint, and deployment.

The market is further segmented by component into Solutions and Services.

The solution sector held an 80% market share in 2023. The solution category includes software platforms and solutions that assist in collecting, managing, and enforcing user consent choices. These systems incorporate consent notification banners, preference centres, consent logs, and compliance reporting capabilities. Businesses utilize consent management tools to maintain compliance with privacy rules, increase transparency in data practices, and provide consumers with relevant consent options. These solutions allow enterprises to expedite consent capture processes, personalize consent experiences across digital touchpoints, and demonstrate accountability in data management policies.

The consulting services sector is projected to have the largest market share in the consent management business. The consent management market's service category includes vendors' professional services and support offerings that help companies to adopt, configure, and optimize consent management solutions. These services may involve consultation, implementation, modification, training, and continuing support and maintenance. Service providers work with enterprises to examine their consent management requirements, customize solutions to fit specific objectives, and address regulatory compliance issues. By providing comprehensive service packages, suppliers assist businesses in navigating the complexity of permission management, maximizing the value of their investment in consent management technologies, and efficiently achieving their privacy and compliance goals. 

Based on touchpoint, the market is fragmented into Web Apps and Mobile Apps.

The web app segment of the consent management market focuses on solutions designed specifically for websites and web-based apps. These solutions often feature permission banners, pop-ups, and preference centres embedded in websites to acquire user consent for data collection and processing activities. Web app consent management solutions provide customizable interfaces and controls to meet enterprises' branding and user experience needs. 

Additionally, Osano integrates with over 750,000 websites and records all consents on its blockchain. It offers sophisticated capabilities for managing cookie preferences and consent settings across several web pages. Furthermore, As of February 2023, there were 1.13 billion websites worldwide, with approximately 200 million active. The popularity of online enterprises in the United States drives the use of web app permission management systems, as does the requirement to comply with privacy legislation governing website data collecting and tracking activities.

The mobile app section of the consent management market focuses on solutions for mobile applications that operate on smartphones and tablets. These solutions often feature permission dialogues, in-app notifications, and preference options built into mobile apps to seek user consent for data processing activities. Mobile app consent management solutions focus on usability and compliance with mobile app design principles while providing users transparency and control.

As of August 2023, there were 8.93 million mobile apps worldwide, with 3.553 million on Google Play and 1.642 million on Apple App Store. Between 2016 and 2021, app downloads worldwide climbed by 63.5%. In 2023, the United States had 12.5 billion app downloads, a USD 2 billion gain over the previous year. The expansion of mobile apps in numerous areas, such as e-commerce, social media, and finance, highlights the need for mobile app consent management solutions to maintain compliance with privacy standards and increase user confidence.

By deployment, the market can be further bifurcated into Cloud and on-premises.

The cloud-based category accounted for 75% of the US consent management market. The consent management market's cloud deployment sector refers to solutions hosted and supplied using cloud computing infrastructure. Cloud-based consent management solutions provide scalability, flexibility, and accessibility, allowing enterprises to build and manage consent management features without requiring on-premises infrastructure. These systems are often delivered as software-as-a-service (SaaS) platforms, with subscription-based access to consent management tools and services.

Furthermore, Quantcast Choice is a consent management platform (CMP) headquartered in the United States that helps publishers comply with privacy standards while increasing monetization. It supports over 500 Google-certified vendors, 800 Interactive Advertising Bureau-approved (IAB) vendors, and uncertified merchants. It uses cloud infrastructure to provide real-time consent management capabilities via web and mobile touchpoints. According to IDC, cloud infrastructure spending in the United States is predicted to increase 7.3% in 2023 over 2022, hitting USD 96.4 billion. Businesses in the United States increasingly transfer their IT infrastructure and applications to the Cloud to exploit cloud computing's scalability, agility, and cost-effectiveness, creating a demand for cloud-based consent management solutions.

The on-premises deployment section of the consent management market refers to solutions installed and run on the organization's infrastructure. On-premises consent management solutions provide more control and customization choices for enterprises with exceptional security, compliance, or data residency requirements. These solutions are deployed directly on the organization's servers or data centers, allowing direct control over data handling and processing.

For example, OneTrust's DataGuidance Consent Management Tool assists enterprises in complying with worldwide data privacy laws by tracking requirements, examining and comparing rules, and creating customized reports. DataGuidance is a privacy and security regulatory research platform that draws on more than two decades of global privacy law research. According to IDC, on-premise infrastructure is predicted to fall by 6.3% to USD 60.4 billion. As a result, it impacts the market's segment growth over the projection period. 

Recent Developments

• April 2024- OneTrust unveiled the evolution of its partner program to enable trusted innovation with data and AI.
• May 2024- TrustArc launched Trust Center to accelerate sales and compliance.