The Trust Equation: How Privacy and Marketing Can Finally Work Together

By Daniel Abramoff

BDO’s Taryn Crane on bridging compliance, consent, and customer connection

At The Counsel House Podcast, we explore the changing intersections of law, technology, and business leadership. In this episode, host Ken Koch sat down with Taryn Crane, Principal at BDO and leader of the firm’s Privacy and Data Protection practice, to talk about a challenge that sits at the crossroads of compliance and creativity: how companies can market effectively without crossing privacy lines.

Crane calls it “MarTech by Privacy” – MXP – a discipline that blends marketing technology with privacy-first thinking. As she puts it, “You can’t keep data walls up forever. You have to build bridges that are secure, transparent, and human.”

Marketing’s New Reality

For years, marketers relied on cookies, pixels, and passive tracking to understand consumer behavior. Then came GDPR and a wave of state privacy laws that reshaped the rules.

“Marketers felt like they lost control,” Crane says. “They were told what they couldn’t do—but not how to move forward.”

MXP reframes the conversation. Instead of privacy being the “office of no,” Crane helps marketing and compliance teams work together to design consent-driven, trust-based engagement strategies that still deliver results.

Cookies, Consent, and Consequences

Crane explains that every website visit, app interaction, or click creates a data trail. Cookies and tracking pixels collect everything from device IDs to browsing history—and now regulators are watching closely.

“When those banners say ‘manage settings’ or ‘reject all’, they’re not optional niceties,” she notes. “They’re legal requirements. And regulators are issuing fines when companies ignore user choices or misconfigure their code.”

Even unintentional errors—like a cookie banner that keeps tracking after someone opts out—can trigger compliance violations. “Most of the time it’s not malicious,” Crane says. “It’s just misalignment between marketing and tech.”

From Adversaries to Allies

Historically, privacy officers and marketing leaders have lived in separate silos—one enforcing limits, the other pushing boundaries. Crane believes the future belongs to companies that bridge that divide.

“The best privacy officers don’t say no,” she explains. “They say yes—if. Yes, if we disclose it properly. Yes, if we get the right consent. Yes, if we design the experience with trust at its core.”

The goal, she says, is to move from compliance as a constraint to privacy as a differentiator.

Trust as the Ultimate Currency

Consumers are more aware—and more skeptical—than ever. But research shows they’re still willing to share data when the value exchange is clear.

“It’s not about having the most data—it’s about having the right data,” Crane says. “When users choose to engage and opt in, that’s a stronger, more meaningful connection.”

Crane urges companies to view privacy as a design principle. “Make it easy, make it honest, and make it human,” she adds. “That’s what keeps customers coming back.”

Why It Matters for Legal and Compliance Leaders

As state privacy laws multiply and enforcement actions accelerate, collaboration between marketing, IT, and legal isn’t optional—it’s mission-critical. Crane’s work at BDO helps organizations operationalize compliance while preserving creativity.

“Privacy, cyber, and AI are now board-level topics,” she says. “They’re not just risks—they’re reputation drivers. Trust is the real brand advantage.”

Closing Note

We’re grateful to Taryn Crane for joining The Counsel House Podcast and sharing her insights on how companies can balance innovation and integrity. Her message is clear: privacy and marketing don’t have to be at odds—they can be partners in building trust.

Listen to the full episode on Spotify, Apple Podcasts, or YouTube.

Previous
Previous

Civil By Design: Jennifer Scoliard on Why Professionalism Still Wins in Litigation