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.…

Scott Cunningham, IAB TechLab founder, on advertising in crisis (interview podcast) 

Dr Johnny Ryan Adblocking Leave a Comment

In 2015 Scott Cunningham, the founder of IAB TechLab, told world “we messed up” on behalf of the advertising industry. His was the first major industry mea culpa that began a shift toward addressing user problems with advertising on the web. When we spoke last week I challenged him about the IAB’s DEAL strategy on adblocking, which he devised, and which may lean too far toward recommending that all publishers restrict access to users. His response is worth reading, and makes clear that DEAL is not an all or nothing approach. Only a small number of publishers with very exclusive content may be able to sustain a strategy that blocks adblock users from visiting their content. Most can not. Scott shared the background to the IAB’s LEAN principles for more respectful, subdued advertising formats.…