Before we delve into what Usercentrics‘ CMP (consent management platform) can do for your company, let’s start by analysing the current legal situation regarding data privacy laws.   We believe that your website and app are the number one compliance risk for any company with a digital presence. Why?   Anyone visiting your website or app can easily detect and document violations in seconds and even trigger a warning.  

What is affected by data privacy laws such as the GDPR?

  According to Article 6 of the GDPR, website and app operators are obliged to fulfil the requirements of a legal basis for the use of web technologies (e.g. cookies, tracking pixels) that collect personal data.   Article 6 Abs. 1a, establishes the “non-use of third-party cookies without consent” (see also information below on the ECJ’s verdict on planet49 which has become a landmark in Europe).   Therefore, all technologies integrated into your website, such as cookies, pixels and plugins, which process and collect user data, such as data on user behaviour, but also IP addresses and fingerprints, require a legal basis.   For example, in the GDPR, consent is mandatory.    

What kind of criteria do we have to take into account when collecting consent under the GDPR?

  Seven key criteria have been defined:  

• Prior: technology that is not covered by legitimate interests should only be uploaded if consent has been given.
• Explicit: This means that consent must be given explicitly, for example through a click or any other activity. Implied consent is not valid.
• Easy to withdraw: Consent must be as easy to withdraw as it is to give.
• Free: Consent must be freely given and access must be possible without consent.
• Granular: The purpose of the data collection must be explained in a granular way, so general consent is not valid.
• Informed: The user must be informed of all relevant information, such as the purpose of the processing and the data that will actually be processed, and this information must be available to the user at the time they give their consent.
• Documented: the operator of the website or application must be able to prove that consent has been obtained and that it fulfils the requirements of valid consent.

  All these legal requirements, including the application of Google Consent Mode v2, can be fulfilled with the CMP Usercentrics Cookiebot.    

Data privacy started in Europe, but is now a global concern.

  Although the GDPR is a pioneer in data privacy regulation, there are many other frameworks that are emerging or already established around the world.   Data privacy is a truly global trend. Among them, POPIA and the LGPD are very similar to the GDPR and are also referred to as opt-in.   The CCPA regulations, on the other hand, require an opt-out solution.   Usercentrics’ solution satisfies all existing regulatory frameworks, including the GDPR, CCPA, LGPD, e-privacy and closely follows upcoming legislation planned worldwide.  

What are the possible consequences of a lack of consent?

  On the one hand, there are fines defined by law, and on the other hand, the decrease in advert performance and, consequently, sales due to a lack of data, is also a major factor for companies that rely on digital marketing.   Finally, loss of trust and loss of image.   The issue of data protection and privacy is of enormous importance to end customers and various studies show that if companies deal transparently with the issue of consent, this can lead to a positive image or an increase in the opt-in rate.    

The opt-in rate (or acceptance of cookies)

  The opt-in rate has become a key factor in online marketing.   High opt-in rates allow website operators to continue remarketing and retargeting analytics, as well as conversion optimisation.    

To summarise, why do we need consent management?

 

1. All website operators are required by law to obtain consent.
2. No data can be collected without consent.
3. The more data is available, collected in accordance with the law, the better we can optimise marketing activities.

   

“Privacy has a Roi and the opt-in rate is the new kpi”

  Privacy can also be used as a competitive advantage, as companies can seize the opportunity and approach the issue of data privacy in a superior way to their competitors.   Several studies (1, 2 and 3) show that companies that manage to guarantee digital trust experience greater brand loyalty and higher profits.  

Privacy is a user-centred challenge

  To gain and maintain digital trust, website and app operators must approach the collection of consent with their customers’ values and preferences in mind.   To do this, they can use Usercentrics’ extensive personalisation capabilities and create the right text and design to create transparency and an excellent user experience.    

How does Usercentrics’ CMP actually work?

  When a user visits a website or app with integrated third-party technologies, these technologies load cookies or use other means of collecting data, such as pixels.   CMP Usercentrics does not manage cookies, but directly blocks server calls from third-party technologies in order to comply with data protection regulations.

  If the server call is blocked, cookies cannot be set, so CMP does not have to manage and/or delete cookies.   The user’s consent decisions (preferences) will be stored in the local memory of the user’s browser and respected whenever the user returns to the website or application.   As a certified specialist partner, SmartLinks offers implementation services for the Usercentrics Cookiebot CMP. Talk to us!   It’s as simple as that!    

Read more: The CJEU ruling in the Planet49 GmbH case

  The Court of Justice of the European Union (CJEU) ruled in the Planet49 case that consent to cookies via pre-ticked boxes is not valid under EU law.   This 2019 ruling significantly impacts the use of third-party cookies, requiring users’ consent to be explicit and informed. This verdict has important consequences:  

• Protection of Privacy: It emphasises the need for active user consent for the use of cookies, reinforcing the protection of personal data in the EU.

 

• Effects on Digital Marketing: Companies must now obtain clear consent before placing cookies, affecting behaviour-based online advertising strategies.

 

• Legal Clarification: Provides specific guidance on what constitutes valid consent, helping companies align with EU legislation.

 

• Global Impact: Influences international companies operating in Europe to adapt to higher privacy and data protection standards.

  This case is key to understanding consent requirements in the EU and their influence on online privacy and business practices.   Feature image: Pixabay