GDPR’s non-tracking cookie banners

Dr Johnny Ryan GDPR Leave a Comment

This note outlines how an anomaly in European law will impact cookie storage and presents wireframes of permission requests for non-tracking cookies.  Online media will soon find itself in an anomalous position. It will be necessary to apply the GDPR’s consent requirements to cookies that reveal no personal data, even though the GDPR was not intended to be applied in this way.[1] Recital 26 of the GDPR says that “the principles of data protection should … not apply to anonymous information, namely information which does not relate to an identified or identifiable natural person…”.[2] Even so, a hiccup in the choreography of European Law making is creating an unexpected situation in which the GDPR’s conditions will apply to cookies that reveal or contain no personal data.…

How to audit your adtech vendors’ GDPR readiness (and a call to adtech vendors to get whitelisted as Trusted Partners)

Dr Johnny Ryan GDPR Leave a Comment

This note describes how publishers can audit their adtech vendors’ readiness for the GDPR, and opens with a call for adtech vendors to collaborate with PageFair so that they can be whitelisted as Trusted Partners by PageFair Perimeter.  How adtech and media will work under the GDPR We anticipate that the GDPR will indeed be enforced, whether by national regulators or by NGOs or individuals in the courts. We also realise that consent is the only applicable legal basis for online behavioural advertising (See analysis). Personal data can not be processed for OBA in the absence of consent. However, consent dialogues for adtech need a “next” button -or a very long scroll bar- because online behavioural advertising requires many different opt-ins to accommodate many distinct personal data processing purposes.  …

GDPR consent design: how granular must adtech opt-ins be?

Dr Johnny Ryan GDPR Leave a Comment

This note examines the range of distinct adtech data processing purposes that will require opt-in under the GDPR.[1] In late 2017 the Article 29 Working Party cautioned that “data subjects should be free to choose which purpose they accept, rather than having to consent to a bundle of processing purposes”.[2] Consent requests for multiple purposes should “allow users to give specific consent for specific purposes”.[3]  Rather than conflate several purposes for processing, Europe’s regulators caution that “the solution to comply with the conditions for valid consent lies in granularity, i.e. the separation of these purposes and obtaining consent for each purpose”.[4] This draws upon GDPR, Recital 32.[5] In short, consent requests must be granular, showing opt-ins for each distinct purpose. How granular must consent opt-ins be?

The regulatory firewall for online media and adtech

The PageFair Team GDPR Leave a Comment

This note announces Perimeter, a regulatory firewall to enable online advertising under the GDPR. It fixes data leakage from adtech and allows publishers to monetize RTB and direct ads, while respecting people’s data.  PageFair takes a strict interpretation of the GDPR. To comply, all media owners need to protect their visitors’ personal data, or else find themselves liable for significant fines and court actions. In European Law, personal data includes not only personally identifiable information (PII), but also visitor IP addresses, unique IDs, and browsing history.[1] The problem is that today’s online ads operate by actively disseminating this kind of personal data to countless 3rd parties via header bidding, RTB bid requests, tracking pixels, cookie syncs, mobile SDKs, and javascript in ad creatives.…

How publishers verify their adtech partners’ GDPR readiness

The PageFair Team GDPR Leave a Comment

PageFair believes that the GDPR will be strictly enforced. This means all unique identifiers (such as user IDs) and IP addresses will be regarded as personal data under the Regulation, and therefore must not be used without consent.[1] This is why we launched Perimeter, to protect publishers from risk under the GDPR. When publishers install PageFair Perimeter on their sites or in their apps, Perimeter will block adtech that uses unique identifiers without consent. Adtech services that do not use personal data where consent is absent will be whitelisted. Criteria for whitelisting in on sites/apps protected by Perimeter (where required consent is absent) No use of unique IDs No storage of IP addresses or user agent details Adtech vendors can perform necessary campaign measurement, attribution, and frequency capping using non-personal data methods as we have outlined here.…

Can websites use “tracking walls” to force consent under GDPR?

Dr Johnny Ryan GDPR 12 Comments

This note examines whether websites can use “tracking walls” under the GDPR, and challenges the recent guidance on this issue from IAB Europe.  This week, IAB Europe published a paper that advises website owners that tracking walls (i.e., modal dialogs that require people to give consent to be tracked in order to access a website) will be permissible under the GDPR. Our view is different. Several months ago we provided feedback to the IAB of what we regarded as serious mistakes in a preliminary draft of this paper, which we believe will be very detrimental to publishers who follow the paper’s advice. As it appears that our feedback did not make it into the published version of the paper, we want to put our opinion on the record, so that publishers can take it in to account when deciding what course to follow under the GDPR.…

Overview of how the GDPR impacts websites and adtech (IAPP podcast)

The PageFair Team GDPR Leave a Comment

In this podcast, the International Association of Privacy Professionals interviews PageFair’s Dr Johnny Ryan about the challenges and opportunities of new European privacy rules for website operators and brands.  Update: 3 January 2018: This podcast was the International Association of Privacy Professionals’ most listened to podcast of 2017.  The conversation begins at 4m 14s, and covers the following issues. Risks for website operators How “consent” is an opportunity for publishers to take the upper hand in online media Brands’ exposure to legal risk, and the agency / brand / insurer conundrum Personal data leakage in RTB / programmatic adtech How the adtech industry should adapt As we told Wired some months ago, it’s not just that websites might expose yourself to litigation, it’s that you might expose your advertisers to litigation too.…

Frequency capping and ad campaign measurement under GDPR

Sean Blanchfield GDPR Leave a Comment

This note describes how ad campaigns can be measured and frequency capped without the use of personal data to comply with the GDPR.  It is likely that most people will not give consent for their personal data to be used for ad targeting purposes by third parties (only a small minority [1] of people online are expected to consent to third party tracking for online advertising). Even so, sophisticated measurement and frequency capping are possible for this audience. This note briefly outlines how to conduct essential measurement (frequency capping, impression counting, click counting, conversion counting, view through measurement, and viewability measurement) in compliance with the EU’s General Data Protection Regulation. This means that publishers and advertisers can continue to measure the delivery of the ads that sustain their businesses, while simultaneously respecting European citizens’ right to protection of their personal data.…

Facebook’s hackproof ads turned its adblocking problem in to a $709 million revenue stream.

Dr Johnny Ryan Adblocking Leave a Comment

Four successive quarterly reports show the year-over-year revenue growth that Facebook attributes to showing ads that adblock companies are unable to hack.  While many websites prevaricated, Facebook figured out how to turn its adblocking problem in to a $709 million revenue stream by serving ads that were immune to adblock. Both online giants, Google and Facebook, have concluded that showing ads to adblock users is the right way to tackle adblocking. In mid Q3 2016 Facebook implemented  tamper-proof ad serving that adblock companies can not hack. Eyeo, which owns Adblock Plus, has attempted at various times to introduce hacks to break this system, with partial results for brief periods. Nonetheless, Facebook’s quarterly earnings figures reveal that it has netted nearly three quarters of a billion dollars as a result.…

Consent to use personal data has no value unless one prevents all data leakage

Dr Johnny Ryan GDPR Leave a Comment

Websites and advertisers can not prevent personal data from leaking in programmatic advertising. If not fixed, this will render consent to use personal data meaningless.  The GDPR applies the principle of transparency:[1] People must be able to easily learn who has their personal data, and what they are doing with it. Equally importantly, people must have surety that no other parties receive these data. It follows that consent is meaningless without enforcement of data protection: unless a website prevents all data leakage, a visitor who gives consent cannot know where their data may end up. But the online advertising system leaks data in two ways. This exposes brands, agencies, websites, and adtech companies to legal risk. How data leakage happens  If “programmatic”advertising or “real time bidding” was ever a mystery to you, take 43 seconds to watch this PageFair video.…