GDPR – CIO.works

Consent Mode

By CIO / C / privacy, GDPR, cookies, Google

Consent Mode is a specific feature developed by Google to help website owners manage how Google services on their sites use cookies and collect data in compliance with privacy regulations like the General Data Protection Regulation (GDPR) in Europe and the California Consumer Privacy Act (CCPA) in the United States. Consent Mode allows website owners to adjust the behavior of Google's services based on the consent status of their users. For instance, it can modify how Google Analytics and Google Ads behave when a user does not consent to cookies or other tracking mechanisms.

While Consent Mode is specific to Google's services, the underlying principle of obtaining user consent for data collection and processing is not exclusive to Google. Many other services and technologies require similar mechanisms to comply with privacy laws. Various third-party tools, content management systems (CMS), and plugins offer consent management functionalities to help website owners comply with these regulations by controlling cookies, tracking scripts, and data collection practices.

In practice, this means that while Google provides a structured and integrated solution for managing consent for its services, website owners must also ensure they obtain and manage user consent for all other non-Google services they use that collect personal data. This is often achieved through implementing a consent management platform (CMP) or similar solutions that provide users with clear choices about what cookies and tracking technologies they agree to while using a website.

Comparing Consent Mode (v1) and Consent Mode v2

Consent Mode (v1)

Introduced in 2020
Has two consent parameters:
- analytics_storage: Controls analytics data collection
- ad_storage: Controls advertising data collection

Consent Mode v2

Updated version introduced in 2023
Has four consent parameters:
- analytics_storage
- ad_storage
- ad_user_data: Additional control for sending user data to Google for ads
- ad_personalization: Additional control for personalized ads
Two implementation modes:
- Basic: Tags blocked until consent is granted
- Advanced: Tags load by default, behavior adjusted based on consent

The key differences in v2 are the additional consent parameters for enhanced user control over advertising data and the introduction of Basic and Advanced implementation modes.

The updated v2 aims to better comply with privacy regulations like GDPR and provides more flexibility for websites to balance privacy compliance with the continued use of Google services.

Comparing Consent Mode v2 Basic and Advanced Mode

Behavior of Tags and Cookies

Basic Consent Mode

Google tags are blocked until consent is granted
No data collected before consent, not even consent status
When consent is denied, tags are blocked completely

Advanced Consent Mode

Google tags load before the consent banner
Default consent set to denied
When consent is denied, cookieless pings are sent to Google
Allows limited data collection and modeling even without consent

Implementation Process

Basic Consent Mode

Simple setup
Less customization needed
Block tags until consent is granted

Advanced Consent Mode

More complex setup
Need to customize tag behavior based on consent
Allow tags to load initially, then adjust based on consent

The critical tradeoff is that advanced consent mode allows for better modeling and metrics, even for non-consenting users, at the cost of more implementation effort. The basic consent mode is more straightforward but leaves you in the dark if consent is denied.

Is Implementing Consent Mode mandatory?

It is not yet globally mandatory, but Google strongly recommends complying with privacy regulations like GDPR. It will likely become a global requirement in the future.

It is mandatory for websites using Google services (Analytics, Ads, etc.) that collect data from users in the EEA starting March 2024. Without it, Google services may stop functioning or limit data collection from EEA users after this deadline.

Consent Mode works together with an existing consent banner/CMP. It does not replace the need to display a cookie consent banner to users.

Implementing Consent Mode

To enable consent mode:

Set up a consent management platform (CMP) and banner to collect user consent
Add the initial Consent Mode configuration code on your pages
Integrate the CMP to communicate consent status to Google
Customize Google tag behavior based on consent settings

Here is a summary of key steps to prepare your website for implementing Google's Consent Mode v2:

Check requirements

Determine if Consent Mode v2 is mandatory for your website based on targeting users in the EEA or using Google services like Analytics and Ads
If so, you must implement it by March 2024 deadline

Select implementation approach

Decide between Basic or Advanced Consent Mode
- Basic blocks tags until consent is granted
- Advanced allows tags to load by default, then adjusts behavior based on consent
Advanced allows better modeling but needs more customization

Set up consent banner

Don't have one yet? Obtain and configure a consent management platform (CMP)
Ensure it aligns with Google's standards and your privacy regulations
Customize consent options and text as needed

Integrate CMP with Google

Enable Consent Mode in the CMP platform
Add Google services as vendors to collect consent signals
Set default consent to ‘denied,' then update based on user choice

Test and refine

Verify correct functionality under different consent scenarios
Check consent parameters are passed to Google properly
Monitor and tweak implementation over time

The key is integrating your consent banner with Google services via Consent Mode v2 to adjust Google tag behavior dynamically based on user privacy choices.

Implementing Consent Mode On Your Custom Code Website

Here are the steps to implement Google Consent Mode v2 in advanced mode on your custom code website:

1. Add the default consent mode snippet in the head section:

html

2. Integrate with your consent management platform (CMP) to update consent values when users interact with the consent banner. For example:

js
function updateConsent(consentValues) { gtag('consent', 'update', consentValues); }

3. Load the Google Tag Manager gtag.js snippet:

html

4. Initialize gtag.js:

js
window.dataLayer = window.dataLayer || []; function gtag(){dataLayer.push(arguments);} gtag('js', new Date());

5. Add additional gtag config and event tracking code as needed.

6. Load the CMP script to show the consent banner.

This ensures advanced consent mode where tags load by default and behavior adjusts when the user interacts with the consent banner.

Google's resources:

Data Protection and AI Technologies

By CIO / D / data protection, GDPR, AI

AI technologies have the potential to revolutionize various industries, but they also bring challenges to data protection. Some of the key challenges include:

Data Privacy: AI systems rely on vast data to learn and predict. This data often includes sensitive personal information, which raises privacy concerns. Ensuring that AI technologies comply with data privacy regulations, such as GDPR or CCPA, and respect individuals' privacy is crucial.
Data Bias: AI models can inadvertently perpetuate biases in the training data, leading to unfair or discriminatory outcomes. Ensuring fairness and addressing biases in AI technologies is essential to protect individuals from potential harm.
Data Security: Cybercriminals can target AI technologies to gain unauthorized access to sensitive data or manipulate AI models. Implementing robust security measures and monitoring AI systems for potential vulnerabilities is critical for protecting data.
Transparency and Explainability: Many AI models, especially deep learning models, are often considered “black boxes” due to their complex nature, making it difficult to understand how they arrive at specific decisions. Ensuring transparency and explainability in AI systems is crucial to ensure data protection and maintain trust.
Data Ownership and Access Control: Determining data ownership and controlling access to sensitive information in AI systems is vital to prevent unauthorized use or sharing of data. Strong access control mechanisms and data governance policies can help address this challenge.
Automated Decision-Making: AI technologies enable automated decision-making, which can significantly affect individuals. Ensuring that AI-driven decisions are accurate, fair, and compliant with legal requirements is critical for protecting individuals' rights.
Data Retention and Deletion: AI systems may store data for extended periods, which can conflict with data protection regulations that require data minimization and deletion once it's no longer needed. Developing strategies for retaining and deleting data in compliance with regulations is essential for data protection.

Addressing these challenges requires technical solutions, organizational policies, and legal frameworks that ensure AI technologies are developed and deployed responsibly, prioritizing data protection and ethical considerations.

Google reCAPTCHA

By CIO / G / spam, Captcha, Google, GDPR, privacy

Google reCAPTCHA Enterprise is an advanced bot and fraud detection service that helps protect websites from automated attacks and abuse. Implementing reCAPTCHA Enterprise can significantly improve your website's security and integrity.

Benefits of reCAPTCHA Enterprise

Some key benefits of reCAPTCHA Enterprise include:

Effective protection against bots, scraping, credential stuffing, fake account creation, and other attacks
Adaptive risk analysis engine that distinguishes humans from bots
Score-based system to assess risk levels of traffic
Integration with multi-factor authentication and other countermeasures
Detailed analytics into threats and suspicious activities
Ability to tune the service to your website's specific needs

By leveraging over a decade of experience defending websites, reCAPTCHA Enterprise provides robust protection tailored for enterprises.

Implementing reCAPTCHA Enterprise

To implement reCAPTCHA Enterprise:

Create reCAPTCHA keys in the Cloud Console specific to your site. Choose score-based keys.
Install the keys in your web app using the reCAPTCHA Enterprise JavaScript API. This allows for collecting user behavior signals.
Integrate with your backend to verify reCAPTCHA tokens and create risk assessments.
Interpret assessment scores to take appropriate actions, like allowing users with low-risk scores or requiring additional verification for risky traffic.
Tune your site-specific model by annotating assessments to improve risk analysis accuracy.

With the JavaScript API handling user interactions and the backend verifying tokens, integrating reCAPTCHA Enterprise is straightforward.

Privacy Considerations

Critical considerations for Google reCAPTCHA Enterprise's privacy protection and GDPR compliance:

Data processing: reCAPTCHA Enterprise commits to only processing customer data according to instructions, as outlined in Google's Data Processing Addendum and reCAPTCHA Enterprise Service Specific Terms.
Data collected: Only hardware, software, and risk analysis data are collected. It is not used for personalized advertising or other purposes.
Security measures: Google takes measures to protect customer data, as described in its Security White Paper.
GDPR compliance: Google states reCAPTCHA Enterprise can assist customers in complying with GDPR requirements related to processing personal data. However, Wide Angle Analytics note using reCAPTCHA may still pose GDPR issues even with consent.
Transparency: reCAPTCHA Enterprise provides visibility into what data is used for risk assessments. However, Arkose Labs note it lacks analytics and data insights compared to alternatives.
Consent requirements: Sources disagree on whether reCAPTCHA Enterprise requires user consent under GDPR. Google says it does not, but FreePrivacyPolicy and Wide Angle Analytics argue consent is still required due to data collection.

In summary, while Google claims that reCAPTCHA Enterprise assists with GDPR compliance, there are still open questions about data collection, consent requirements, and transparency. Implementing reCAPTCHA Enterprise requires thoughtful privacy and compliance planning to bridge potential gaps. Comparing alternative CAPTCHA services more aligned with “privacy by design” principles may also be prudent.

https://cloud.google.com/recaptcha-enterprise/docs/faq

So, What About reCAPTCHA v2 and V3 and GDPR Compatibility

There is no clear consensus on which reCAPTCHA version is most compatible with GDPR between v2, v3, and Enterprise. Here is a summary:

reCAPTCHA v2:
– Collects more user data than necessary, posing GDPR compliance issues related to data minimization and purpose limitation principles.
– Requires consent under GDPR, which undermines its effectiveness for spam protection.

reCAPTCHA v3:
– Arguably, it improves privacy compliance by eliminating user challenges but still collects user data and lacks transparency.
– Consent requirements remain unclear.

reCAPTCHA Enterprise:
– Google claims it assists with GDPR compliance, but experts note open questions about consent requirements and data collection.

Based on the unclear and conflicting guidance, there is no definitive recommendation on which reCAPTCHA version is most GDPR compliant. Organizations should carefully assess their specific use case, risk tolerance, and legal obligations when deciding which version to implement, if any.

GDPR Compliant CAPTCHA Services

Some popular GDPR-compliant CAPTCHA services:

captcha.eu – A European CAPTCHA service that does not use tracking cookies or store personal data. It claims to be fully GDPR compliant.
Friendly Captcha – An alternative to Google reCAPTCHA designed for GDPR compliance. It uses cryptography instead of tracking users or storing personal data.
MTCaptcha – Claims its captcha plugin and admin portal are GDPR compliant. It does not record personally identifiable information and encrypts logs.

The key aspects that make these CAPTCHA services more GDPR compliant are:

Not using tracking cookies or pixels
Not storing or processing personal identifiable information
Encrypting any logs or data
Operating entirely within the EU with no data transfers outside
Offering transparency into data practices

https://cloud.google.com/security/products/recaptcha-enterprise

Interactive Advertising Bureau (IAB)

By CIO / I / advertising, GDPR, data protection

The Interactive Advertising Bureau (IAB) has emerged as a leading industry organization dedicated to promoting growth, innovation, and best practices in the ever-evolving digital advertising landscape. Founded in 1996, the IAB has played a pivotal role in shaping the standards and guidelines that govern the online advertising ecosystem.

IAB's Mission and Objectives

The IAB's primary mission is to empower the media and marketing industries to thrive in the digital economy. To achieve this, the organization focuses on several key objectives:

Developing Industry Standards: The IAB is at the forefront of creating and maintaining technical standards, guidelines, and best practices for digital advertising. These standards ensure consistency, interoperability, and transparency across the industry.
Promoting Growth and Innovation: By fostering collaboration and knowledge-sharing among its members, the IAB aims to drive innovation and growth in digital advertising. This includes exploring new technologies, platforms, and business models.
Advocating for Industry Interests: The IAB serves as a collective voice for the digital advertising industry, advocating for favorable policies and regulations that support its growth and development.
Conducting Research and Education: The organization conducts extensive research and provides educational resources to help its members stay informed about industry trends, best practices, and emerging technologies.

Key Initiatives and Programs

Transparency and Consent Framework (TCF)

One of the IAB's most significant initiatives is the Transparency and Consent Framework (TCF), which aims to help publishers, advertisers, and technology vendors comply with data protection laws like the GDPR. The TCF provides a standardized approach to obtaining user consent for data processing and ensures transparency about how personal data is used for advertising purposes.

IAB Tech Lab

The IAB Tech Lab is a dedicated division focused on developing and maintaining technical standards for the digital advertising industry. It works on various projects, including the OpenRTB protocol for real-time bidding, the ads.txt initiative to combat ad fraud, and the VAST standard for video ad serving.

IAB Learning and Certification Programs

The IAB offers a range of learning and certification programs to help professionals in the digital advertising industry enhance their skills and knowledge. These programs cover programmatic advertising, data and analytics, and digital media sales.

Research and Thought Leadership

The IAB conducts extensive research and publishes reports, whitepapers, and case studies on various topics related to digital advertising. These resources provide valuable insights and data-driven analysis to help industry professionals make informed decisions.

Membership and Governance

The IAB is a membership-based organization, with members ranging from publishers, advertisers, agencies, and technology companies. The organization is governed by a board of directors and various committees, ensuring that the interests of all stakeholders are represented.

Conclusion

The Interactive Advertising Bureau (IAB) has played a crucial role in shaping the digital advertising industry by developing standards, promoting innovation, advocating for industry interests, and providing educational resources. The organization drives transparency, interoperability, and best practices in the ever-evolving digital advertising landscape through initiatives like the Transparency and Consent Framework (TCF) and the IAB Tech Lab.

https://www.iab.com
https://iabeurope.eu

Transparency and Consent Framework (TCF)

By CIO / T / advertising, GDPR, data protection

The digital advertising landscape continuously evolves, with new frameworks and regulations emerging to enhance user privacy and transparency. One such framework is the Transparency and Consent Framework (TCF) developed by the Interactive Advertising Bureau (IAB) Europe. The latest iteration, TCF 2.2, introduces significant changes to improve user control, transparency, and compliance with data protection laws like the GDPR and ePrivacy Directive.

Key Features of TCF 2.2

Removal of Legitimate Interest in Advertising and Content Personalization

In a significant shift, TCF 2.2 removes the use of “legitimate interest” as a legal basis for processing personal data for advertising and content personalization purposes. Publishers and vendors can now only rely on explicit user consent for these activities, aligning with regulatory guidance emphasizing the importance of unambiguous consent.

Improved User Information and Transparency

TCF 2.2 mandates using clear, user-friendly language and real-life examples to explain data processing purposes and features. This replaces complex legal terminology, making it easier for users to understand the implications of their consent choices. Additionally, Consent Management Platforms (CMPs) must now disclose the total number of vendors seeking legal grounds, providing users greater transparency.

Standardized Vendor Disclosure

Vendors must now provide additional details about their data processing activities, including the categories of data collected, retention periods, and legitimate interests involved (if applicable). This information empowers users to make more informed decisions about their data and enhances overall transparency.

Technical Updates

TCF 2.2 introduces technical specification updates, such as removing the “getTCData” command and introducing event listeners for framework implementation. The Global Vendor List (GVL) has also been updated to version 3, allowing vendors to declare URLs in multiple languages and provide additional information about data categories and retention periods.

Benefits of TCF 2.2

Increased User Trust and Control

TCF 2.2 empowers users to make informed choices about their data by providing clear and transparent information about data processing activities. The enhanced user control and transparency measures can help build trust and improve brand reputation for publishers and advertisers.

Reduced Compliance Risks

Complying with TCF 2.2 can help publishers and vendors mitigate the risk of fines and penalties from data protection authorities for non-compliance with privacy laws like the GDPR. Adhering to the framework's requirements demonstrates a commitment to data protection and can strengthen overall compliance efforts.

Improved User Experience

The user-friendly language and real-life examples introduced in TCF 2.2 aim to improve the user experience by helping individuals understand the implications of their consent choices. This can lead to more informed decision-making and potentially higher consent rates.

Implementation and Use Cases

TCF 2.2 is relevant for publishers, advertisers, and vendors operating in the digital advertising ecosystem, particularly those targeting users in the European Economic Area (EEA) and the United Kingdom. Implementing TCF 2.2 is crucial for ensuring compliance with data protection laws and meeting user expectations for transparency and control over personal data.

Publishers and vendors must update their systems and processes to align with the new TCF 2.2 specifications by November 20, 2023. This may involve updating consent management platforms (CMPs), revising user interfaces, and training staff on the new requirements.

Comparison with Previous Versions

While TCF 2.2 builds upon the foundation laid by previous versions, it introduces significant changes to address evolving regulatory guidance and user expectations. Critical differences from TCF 2.1 include removing legitimate interest for advertising and content personalization, enhanced user information and transparency requirements, and standardized vendor disclosure obligations.

Conclusion

The introduction of TCF 2.2 represents a significant step forward in the digital advertising industry's efforts to prioritize user privacy, transparency, and control over personal data. TCF 2.2 aims to build trust, improve user experiences, and mitigate compliance risks for publishers and vendors operating in the digital advertising ecosystem by aligning with regulatory guidance and addressing user concerns.

https://iabeurope.eu/transparency-consent-framework/