Engage Partner Guide: Outbrain & Consent
←
→
Page content transcription
If your browser does not render page correctly, please read the page content below
Engage Partner Guide:
Outbrain & Consent
www.outbrain.com | info@outbrain.com | @outbrain © November 2020 Outbrain Inc. Outbrain is a registered trademark of Outbrain Inc.
Engage Partner Guide: Outbrain & Consent
Outbrain helps media companies & publishers better manage, control and monetize their content on the open
web. Our discovery feed technology is a foundational component to publishers’ tech stacks freeing them from
the constraints of the walled gardens so they can achieve their audience acquisition, engagement, and retention
objectives across their digital properties. Our feed is powered by native advertising and our proprietary interest-
targeting, creating a personalized editorial experience for audiences. Outbrain is committed to complying with the
General Data Protection Regulation (“GDPR”), including evolving interpretations of such regulation. This guide was
created to ensure that all publishers in Outbrain’s network are also evolving based on regulatory guidance.
Partner Question Outbrain Answer
What is Outbrain’s Recent guidance from various European and UK regulators has indicated that legitimate interest
stance regarding and/or implied consent for the use of cookies and similar technologies on publisher sites is no longer
consent? permissible and is no longer considered to be an appropriate lawful basis for the processing of
personal data in connection with interest based advertising.
This guidance clarifies that individuals who interact with the publishers (“End Users”) must give their
informed, explicit, unambiguous consent to the use of cookies and similar technologies (“Cookie
Consent”) before such technologies are allowed to collect and process personal data (including
online identifiers and IP addresses).
For further details, please see some examples of regulator published guidance below:
France (CNIL)
Germany (BfDI)
Spain (AEPD)
U.K (ICO)
How does this Cookie Consent is required by Outbrain. As described in our contract, publishers should seek Cookie
change the way Consent on their behalf and those cookies set by Outbrain.
Engage Partners
work with Outbrain? In 2021, if Outbrain does not detect a clear valid consent signal, Outbrain will not process personal
data and therefore will not be able to drop its cookie. This will likely have an impact on potential
revenue as Outbrain will no longer be able to serve interest-based/personalized advertising without
its cookie. To the extent your contract with Outbrain includes a possible guarantee, as stated in such
contract - the pages where Outbrain does not get consent will not earn the guarantee.
What if an Engage As of 1 January 2021, if Outbrain does not detect a valid positive consent signal, Outbrain will not
Partner continues be able to process personal data and therefore will serve only context based advertisements on
using legitimate your site(s).
interest after 31
December 2020? We expect this to have an impact on potential revenue opportunities as we will no longer be able to
serve interest based advertising without consent. To the extent your agreement with Outbrain entitles
you to a guarantee, the pages where Outbrain does not have ability to read consent will not earn
the guarantee.
www.outbrain.com | info@outbrain.com | @outbrain © November 2020 Outbrain Inc. Outbrain is a registered trademark of Outbrain Inc.Why do Engage The recently issued updated cookies guidelines reinforce the requirement for express consent, particularly
Partners need to where cookies are seen as „intrusive“, which will generally include advertising cookies. The need for active
require consent (and consent over implied consent was also reinforced by the Planet 49 case. It is evident that regulators and
not legitimate interest the courts very much expect that users will be given clear and effective choices about the use of cookies to
or implied consent)? collect and process personal data for the purposes of advertising. You cannot rely on legitimate interest for
the use of any nonessential cookies to store information, or gain access to information already stored, on
someone’s device.
How do Engage As an Engage Partner, please ensure that:
Partners implement
a CMP? a. You have conducted an analysis of the cookies and other tracking technologies currently
integrated into your sites/apps, including the related data processing activities.
b. You have implemented a Consent Management Platform (“CMP”) configured in a manner which
prevents the user from accessing your site until the user has interacted with your CMP and
provided a clear yes consent or no consent signal (i.e., publisher must not send Outbrain a null or
invalid signal). If you haven’t implemented a CMP yet, please proceed as soon as possible and in
any event before the 31 December 2020 with implementing such, in accordance with the IAB 2.0
set up methodology. Please also see IAB’s list of approved CMPs here: https://iabeurope.eu/cmp-list/.
c. When configuring the CMP vendor ID 164 (Outbrain UK Ltd) is an approved vendor for the
purposes 1,3,4,5,6,7,8,9,10. By default Outbrain uses consent as its legal basis for all these purposes.
Please make sure the consent purposes are not overruled by any Publisher Restrictions that would
limit the usage of a specific purpose for Outbrain.
d. You have checked that Outbrain receives the consent string on every installation type. You can
check if Outbrain is able to receive the consent string by inspecting the page setup. In the Network
tab look for the Outbrain server calls by filtering odb.outbrain. The consent string is received
properly if the request parameter cnstv2 is present and filled with a string of which the first
character is “C”. You can check if Outbrain was able to read the consent string correctly by looking
for “obcnst” parameter in the response tab. This can either be TRUE or FALSE. Please pay special
attention to AMP setup which has special requirements.
Please consult your account manager for any further information.
Where can I find more For more information about the GDPR and its application to digital publishers and advertising:
information about • Article 29 Working Party Guidelines on consent under the GDPR (2018)
consent under GDPR?
• Article 29 Working Party Guidelines on transparency under the GDPR (2018)
• Opinion 06/2014 on the notion of legitimate interests of the data controller under Article 7 of the GDPR
• IAB Europe Guidance: Five Practical step to comply with the EU E-Privacy Directive (2015)
For regulatory guidance on cookie consent in advertising, refer to:
• Working Document 02/2013 providing guidance on obtaining consent for cookies (PDF, 2013)
• Opinion 04/2012 on Cookie Consent Exemption (PDF, 2012)
• Opinion 2/2010 on online behavioural advertising (PDF, 2010)
www.outbrain.com | info@outbrain.com | @outbrain © November 2020 Outbrain Inc. Outbrain is a registered trademark of Outbrain Inc.Case law examples relating to cookies and consent (note: these are not UK-based examples):
• The Court of Justice of the European Union (CJEU) found that (i) use of pre-ticked boxes for cookie
consent is unlawful, (ii) any consent obtained regarding cookies cannot be sufficiently informed
in compliance with applicable law if the user cannot reasonably comprehend how the cookies
employed on a given website will function. The CJEU applied the GDPR definition of consent
• PwC was fined €150,000 for applying consent inappropriately
• Vueling was fined €30,000 for having no effective way of consenting to cookies
• The Belgian regulator fined a small law firm €15,000 for non-compliant cookie practices.
This is especially of note since no complaint was made and the business complied with the regulator’s
instructions for rectification.
What is the IAB Trust IAB Europe created the Transparency and Consent Framework (TCF) before GDPR went into effect in May
and Transparency 2018 as an industry solution to the consent issue. Though most of the largest European publishers have
Framework (TCF)? implemented a CMP pursuant to the TCF, as mentioned above -- the evolving case law and regulatory
guidance have made clear that consent is needed before using advertising cookies on a website (or app).
See the IAB Europe’s TCF site for more information.
You may also refer to Outbrain’s info-sheet on TCF.
Where can I find more Please refer to our Privacy Policy and Cookie Table.
information regarding
Outbrain’s privacy
and data collection
practices?
www.outbrain.com | info@outbrain.com | @outbrain © November 2020 Outbrain Inc. Outbrain is a registered trademark of Outbrain Inc.You can also read
