Risks in IAB Europe’s proposed consent mechanism

Dr Johnny Ryan GDPR

This note examines the recently published IAB “transparency and consent” proposal. Major flaws render the system unworkable. The real issue is what should be done with the vast majority of the audience who will not give consent.  Publishers would have no control (and are expected to blindly trust 2,000+ adtech companies) The adtech companies[1] who drafted the IAB Europe proposal claim that “publishers have full control over who they partner with, who they disclose to their users and who they obtain consent for.”[2] But the IAB Europe documentation shows that adtech companies would remain entirely free to trade the personal data with their business partners if they wish. The proposed system would share a unique[3] consent record “throughout the online advertising ecosystem”, every time an ad is loaded on a website:[4] “the OpenRTB request [from a website to an ad exchange] will contain the entire DaisyBit [a persistent cookie],[5] allowing a vendor to see which other vendors are an approved vendor or a publisher and whether they have obtained consent (and for which purposes) and which have not.”[6] There would be no control over what happens to personal data once they enter the RTB system: “[adtech] vendors may choose not to pass bid requests containing personal data to other vendors who do not have consent”.[7] This is a critical problem, because the overriding commercial incentive for many of the companies involved is to share as many data with as many partners as possible, and to share it with parent companies that run data brokerages.…

PageFair writes to all EU Member States about the ePrivacy Regulation

Dr Johnny Ryan GDPR

This week PageFair wrote to the permanent representatives of all Member States of the European Union in support for the proposed ePrivacy Regulation. Our remarks were tightly bounded by our expertise in online advertising technology. We do not have an opinion on how the proposed Regulation will impact other areas. The letter addresses four issues: PageFair supports the ePrivacy Regulation as a positive contribution to online advertising, provided a minor amendment is made to paragraph 1 of Article 8. We propose an amendment to Article 8 to allow privacy-by-design advertising. This is because the current drafting of Article 8 will prevent websites from displaying privacy-by-design advertising. We particularly support the Parliament’s 96th and 99th amendments. These are essential to enable standard Internet Protocol connections to be made in many useful contexts that do not impact of privacy.…

Adtech must change to protect publishers under the GDPR (IAPP podcast)

Dr Johnny Ryan GDPR

The follow up to the International Association of Privacy Professionals’ most listened to podcast of 2017.  Angelique Carson of the International Association of Privacy Professionals quizzes PageFair’s Dr Johnny Ryan on the crisis facing publishers, as they grapple with adtech vendors and attendant risks ahead of the GDPR. The podcast covers: Why personal data can not be used without risk in the RTB/programmatic system under the GDPR. Where consent falls short for publishers. How vulnerable the online advertising system is, because of central points of legal failure. The GDPR is part of a global trend. New privacy standards are on the way in other massive markets including China (and in important tech ecosystems such as Apple iOS, Firefox). This is the follow up to an earlier IAPP and PageFair podcast discussion (which was the International Association of Privacy Professionals’ most listened to podcast of 2017).…

PageFair Trusted Partners To Join GDPR Compliance Initiative

Dr Johnny Ryan GDPR

This note announces an initiative among adtech companies to keep online advertising operations outside the scope of the GDPR by using no personal data. Dublin, Ireland (24 January, 2018) – PageFair has announced a joint initiative with eight other advertising companies to help equip website and app publishers with new ways of advertising  that fully comply with Europe’s new GDPR regulations.  Among the members are Adzerk, Bannerflow, Bydmath, Clearcode, Converge Digital, Digitize, SegmentIQ, and Velocidi.  The EU’s new privacy regulations will prohibit the kind of online tracking that has powered advertising up to now, unless every user gives explicit consent to the companies that track them. Publishers, advertisers and tech companies who ignore the regulation could face fines of up to €20 million or 4% of their global turnover.  …

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

Dr Johnny Ryan GDPR

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

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

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

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 in a way that would distribute them in the programmatic advertising system 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.…

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

The PageFair Team GDPR

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

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.…