2026 Data Privacy Enforcement Trends: What Regulators Are Actually Fining Companies For

Privacy regulators are ramping up enforcement in 2026. Organizations across all industries are feeling the concrete and immediate consequences of noncompliance, large and small. What were once warnings and soft guidance with guardrails have turned into substantial fines, corrective action orders, and lasting reputational damage. Understanding where regulators are directing their fire can help organizations prioritize risk mitigation, strengthen privacy programs and extinguish issues before they spread.

Here’s a look at the most prominent enforcement trends shaping privacy compliance this year and the real areas where companies are being fined.

Real Enforcement Actions:

• Healthline Media (California): ~$1.55M settlement for failing to honor opt-outs, improperly sharing sensitive data, and cookie banner issues — the largest CCPA settlement to date.
• Tractor Supply Co.(California): ~$1.35M settlement for notice, opt-out, and third-party contract failures under the CCPA.
• Honda (California): fined $632,500 by the CPPA (CalPrivacy) for violating the CCPA, specifically for implementing “asymmetric” opt-out flows (dark patterns) that made refusing tracking more difficult than accepting it.
• TicketNetwork (Connecticut): fined $85,000 after the company failed to fix critical privacy notice issues within the cure period. Many states’ grace periods will expire and enforcement will move from warning letters to fines without many organizations noticing until they receive a notice from the state.

Data Subject Rights Violations

One of the clearest enforcement trends that is not going away, regulators penalizing companies for failing to honor individuals’ privacy rights:

• Denial or delay of access, deletion, and portability requests: Regulators like the California Attorney General and state privacy enforcement agencies have issued fines to companies that ignore or significantly delay consumer requests under CCPA, VCDPA (Virginia), and other state laws.
• Incomplete or inaccurate responses: Providing partial data or failing to verify identity without clear, lawful justification has also triggered enforcement.

Many companies point to low Data Subject Rights (DSR) request volumes as evidence for limited risk and quick turnaround on requests. That signal is misleading. As consumers become more informed and new regulations take effect, request volumes will rise  sharply. Organizations without automated workflows, clear accountability, and strong governance models will be the most exposed when those requests turn from a smolder into a raging fire.

Insufficient Opt-Out Mechanisms

In 2026, enforcement authorities have cracked down on companies that don’t provide clear, accessible mechanisms for consumers to exercise opt-out rights, especially:

• Do Not Sell/Share options under California’s privacy law
• Targeted advertising opt-outs across U.S. state laws
• Global Privacy Control (GPC) signal interpretations

Fines have occurred where:

• Opt-out toggles are hidden, confusing, or misleading
• Systems fail to honor automated preference signals
• Opt-outs do not propagate downstream to third parties

This focus aligns with regulators’ priorities on meaningful consumer choice and transparent preferences.

Lack of Transparency in Privacy Notices

Regulators are penalizing companies for:

• Vague or overly legalistic disclosures
• Failure to include required elements under specific state laws (e.g., categories of data collected, retention periods, sharing practices)
• Inaccurate statements about data practices that don’t match reality

With varying state requirements, especially for new 2025/2026 laws like Delaware, New Jersey, and Iowa, companies must ensure that notices align with the highest standard applicable to their consumers.

Data Security Failures and Breach-Related Penalties

Security lapses still generate significant enforcement activity, particularly when:

• Reasonable technical safeguards are lacking
• There’s evidence of negligence prior to a breach
• Consumer data is exposed due to preventable vulnerabilities

While many fines follow publicized breaches, regulators are also imposing penalties based on systemic security shortfalls—even in the absence of a widely reported incident.

Unauthorized Third-Party Sharing and Transfers

Another enforcement hotspot involves data shared with third parties without proper legal basis or consumer consent. Regulators are scrutinizing:

• Adtech and analytics integrations
• Vendor management lapses
• Cross-border transfers without adequate safeguards

Where contracts and data flows are mismatched, enforcement actions often follow.

Algorithmic Transparency and Discrimination Concerns

A growing trend—especially with state privacy laws with automated decision–making clauses—is enforcement around opaque profiling practices. Penalties have been assessed for:

• Failure to provide meaningful information about logic used
• Lack of opt-out options for automated profiling
• Outcomes that result in disparate impacts

Though not yet as prevalent as rights-based enforcement issues, this area is gaining regulatory attention.

2026 Enforcement Checklist: Where Fines Are Actually Happening

What Organizations Should Do Now

To stay ahead of enforcement risk in 2026, organizations should:
✔ Strengthen Data Subject Rights Operations – Implement scalable request intake, verification, and fulfillment systems.
✔ Rationalize Consent and Opt-Out Mechanisms – Ensure UI/UX aligns with regulatory expectations and modern preference signals.
✔ Revise and Harmonize Privacy Notices – Map disclosures to actual practices and the highest applicable standard.
✔ Prioritize Security and Breach Readiness – Adopt risk-based security frameworks and document controls.
✔ Tighten Vendor Governance – Track data flows, update contracts, and enforce safeguards.
✔ Monitor Algorithmic and Profiling Risks – Document logic, assess impacts, and offer clear opt-outs where required.