Assorted Materials
GDPR and ePR
Procter & Gamble invited Dr Johnny Ryan of Brave to give a (remote) keynote address about how advertisers should adapt to the privacy-first future.The presentation covers the problems with conventional advertising technology, risks to brands and media sustainability, and sets out several alternative models. See the video here. For reasons made clear in this keynote presentation, … Continue reading Johnny Ryan’s privacy keynote for P&G
Senior representatives of advertisers, publishers, and intermediaries discuss two years of the the GDPR in a discussion hosted by Brave. Participants: Dr Johnny Ryan, Chief Policy Officer, Brave;Catherine Armitage, Director of Digital Policy, World Federation of Advertisers;Conor Murray, Director of Regulatory and Public Affairs, EGTA;Mathilde Fiquet, Director General, FEDMA. The discussion covers the impacts of the GDPR so far, and … Continue reading Industry discussion on the GDPR at 2 years old, and future EU regulatory development
New data from Brave show that European governments have not equipped their national authorities to enforce the GDPR. Brave presents Europe’s governments are failing the GDPR, a report on data protection authorities’ (DPAs) capacity to enforce against tech infringements of the GDPR. Two years after the GDPR was first applied, the GDPR is now in danger … Continue reading New data on GDPR enforcement agencies reveal why the GDPR is failing
Brave has filed a formal GDPR complaint against Google for infringing the GDPR “purpose limitation” principle. Enforcement would be tantamount to a functional separation of Google’s business. This morning, Brave filed a formal GDPR complaint against Google for infringing Article 5(1)b of the GDPR, which sets forth the “purpose limitation” principle. Quick facts The GDPR purpose … Continue reading Formal GDPR complaint against Google’s internal data free-for-all
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This note examines a Belgian court ruling against Facebook's tracking and approach to consent. Facebook and adtech companies should expect tough sanctions when they find themselves before European courts - unless they change their current approach to data protection and the GDPR. Facebook is playing a dangerous game of “chicken” with the regulators. First, it has begun to confront users in … Continue reading Facebook and adtech face a turbulent time in Europe’s courts: the Brussels case.
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 … Continue reading Risks in IAB Europe’s proposed consent mechanism
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: … Continue reading PageFair writes to all EU Member States about the ePrivacy Regulation
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 … Continue reading Adtech must change to protect publishers under the GDPR (IAPP podcast)
This note discusses a letter that PageFair submitted to the Article 29 Working Party. The answers may shape the future of the adtech industry. Eventually the data protection authorities of Europe will gain a thorough understanding of the adtech industry, and enforce data protection upon it. This will change how the industry works. Until then, we are in … Continue reading PageFair’s long letter to the Article 29 Working Party
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 … Continue reading GDPR’s non-tracking cookie banners
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 … Continue reading GDPR consent design: how granular must adtech opt-ins be?
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 … Continue reading Can websites use “tracking walls” to force consent under GDPR?
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 … Continue reading Adtech consent is meaningless unless one stops data leakage
This note presents the results of a survey of 300+ publishers, adtech, brands, and various others, on whether users will consent to tracking under the GDPR and the ePrivacy Regulation. In early August we published a note on consent, and asked whether people would click "yes". We would like to thank the 300+ colleagues who … Continue reading Research result: what percentage will consent to tracking for advertising?
Google and Facebook will be disrupted by the new European data protection rules that are due to apply in May 2018. This note explains how. Google and Facebook will be unable to use the personal data they hold for advertising purposes without user permission. This is an acute challenge because, contrary to what some commentators have assumed, they cannot use a “service-wide” opt-in for … Continue reading How the GDPR will disrupt Google and Facebook
In the last month, we have written to the MEPs leading the Parliament's work on the ePrivacy Regulation (the "rapporteurs") to propose an amendment. Here is a copy of the letter. PageFair supports the proposed ePrivacy Regulation, in so far as it will change online behavioural advertising. This is an unusual position for an ad tech company, … Continue reading The Privacy Case for Non-Tracking Cookies: PageFair writes to the European Parliament
THIS NOTE HAS NOW BEEN SUPERSEDED BY A A MORE RECENT PAGEFAIR INSIDER NOTE ON GDPR CONSENT DIALOGUES. PLEASE REFER TO THE NEW NOTE. This note presents sketches of GDPR consent dialogues, and invites readers to participate in research on whether people will consent. [x_alert heading="Note" type="info"]It is important to note that the dialogue presented … Continue reading Here is what GDPR consent dialogues could look like. Will people click yes?
This note explains the three deepest challenges that the online advertising industry must overcome to survive the new European data rules. It also outlines our approach. The General Data Protection Regulation (GDPR) and the ePrivacy Regulation (ePR) pose particular challenges for publishers, brands, and adtech companies. These go beyond the normal gap analysis and security overhaul that other businesses … Continue reading The 3 biggest challenges in GDPR for online media & advertising
Brands face serious new risks under the GDPR and the ePrivacy Regulation (ePR), and agencies will not be able to shield them. This note explains why, and describes what these risks are. When the GDPR and the ePrivacy Regulation (ePR) apply a year from now brands that use personal data in their marketing campaigns will become exposed … Continue reading Risks to brands under new EU regulations
Lightly edited transcription of PageFair remarks at rapporteur's sessions at the European Parliament in Brussels on 29 May 2017, concerning the ePrivacy Regulation. Statement at roundtable on Articles 9, and 10. Dr Johnny Ryan: Thank you. PageFair is a European adtech company. We are very much in support of the Regulation as proposed, in so far … Continue reading PageFair statement at European Parliament rapporteur’s ePrivacy Regulation roundtable
Pseudonymization will not save online advertising companies from having to seek consent to use browsing and other personal data. This note explains why. Personal data will become toxic in May 2018 when the General Data Protection Regulation is applied, unless data subjects have given consent.[1] Some businesses may try to rely on “pseudonymization”, a partial … Continue reading Why pseudonymization is not the silver bullet for GDPR.
Lightly edited transcription of PageFair remarks at European Parliament ALDE session on 4 May 2017. Dr Johnny Ryan: Thank you. It’s a pleasure to be with you this afternoon. I’ve been on both sides: the adtech side, and the publisher’s side, of the particular part of this story that I want to talk about. Several … Continue reading PageFair statement at European Parliament ALDE shadow rapporteurs session on the proposed ePrivacy Regulation
Unusually for an ad-tech company, PageFair supports the proposed ePrivacy Regulation. Here is why. [x_alert type="success"]Additional note (11 May 2017): our position concerns the proposal's impact on online behavioural advertising (OBA). Though there are kinks to work out, as we note in our recent statement to Parliament representatives, we strongly endorse the proposal's broad approach to OBA.[/x_alert] The … Continue reading Supporting new European data regulation
The “legitimate interest” provision in the GDPR will not save behavioral advertising and data brokers from the challenge of obtaining consent for personally identifiable data.
As previous PageFair analysis illustrates, personally identifiable data (PII) will become toxic except where it has been obtained and used with consent once the General Data Protection Regulation is applied in May 2018.
Even so, many advertising intermediaries believe that they can continue to use PII data without consent because of an apparent carve-out related to “legitimate interest” contained in the GDPR. This is a false hope.
The 3rd-party cookie - the lifeblood of online advertising - may be about to die. A proposal this month from the European Commission to reform the ePrivacy Directive (ePD) requires mandatory privacy options and educates users to distinguish between 1st and 3rd-parties in a way that will make 3rd-party cookies extinct. [prompt type="left" title="Access the GDPR/ePR repository" message="A repository … Continue reading European Commission proposal will kill 3rd party cookies
Amid the blizzard of press releases and conference tidbits concerning media, advertising, and adblocking, only some really matter. Here are the ten key things that happened in Q4. OCTOBER 1. US Department of Justice examines possible agency shenanigans. It transpired that the US Department of Justice had launched an investigation into rigged bids that unfairly favored … Continue reading Ten Key Things That Happened in Q4
In a year and a half, new European rules on the use of personal information will disrupt advertising and media across the globe. Here are the three biggest impacts.
Since 1996 when cookies were first repurposed to track users around the Web there has been an assumption that gathering and trading users' personal information is the essence of advertising online. This is about to change.
Now, ten days into October, we have had time to digest on the events of the last quarter. As is ever the case with history, only some of the headlines of the last three months will have any lingering impact. But of all the events in the past three months the following eight are worth … Continue reading Eight Things From Q3 Worth Knowing
Adblocking—and publisher responses to it—sit at the nexus of two trends: the increasing value of trust in the publisher-consumer relationship, and the emerging conditions of the new information market. The Internet turns many types of information that were once scarce and expensive into overabundant—and therefore cheap—commodities. By corollary, trust and attention have become increasingly valuable. In short: As information becomes cheap, trust becomes precious.
From late 2015 onward PageFair drew together global consumer groups, advertisers, agencies, publishers and browsers for senior level roundtable discussions on adblocking. These were held at The Financial Times, at Mozilla, and at MEC Global. The most recent roundtable was organised by both PageFair and Digital Content Next. Participants at the PageFair roundtables included the World … Continue reading Global stakeholders discuss new approach to the Blocked Web
A growing segment of Web users sees few or no ads. Publishers are suffering mounting revenue losses as a result. But even as blocking of advertising harms publishers it also undoes the mistakes of the first 20 years of advertising on the Web. Several vendors including PageFair have the technology to display ads in a … Continue reading Four big ideas emerge from PageFair global stakeholder roundtable
Dr Johnny Ryan FRHistS 