Daily Archives: 2020-05-21

Three Paper Thursday – GDPR anniversary edition

This is a guest contribution from Daniel Woods.

This coming Monday will mark two years since the General Data Protection Regulation (GDPR) came into effect. It prompted an initial wave of cookie banners that drowned users in assertions like “We value your privacy”. Website owners hoped that collecting user consent would ensure compliance and ward off the lofty fines.

Article 6 of the GDPR describes how organisations can establish a legal basis for processing personal data. Putting aside a selection of `necessary’ reasons for doing so, data processing can only be justified by collecting the user’s consent to “the processing of his or her personal data for one or more specific purposes”. Consequently, obtaining user consent could be the difference between suffering a dizzying fine or not.

The law changed the face of the web and this post considers one aspect of the transition. Consent Management Providers (CMPs) emerged offering solutions for websites to embed. Many of these use a technical standard described in the Transparency and Consent Framework. The standard was developed by the Industry Advertising Body, who proudly claim it is is “the only GDPR consent solution built by the industry for the industry”.

All of the following studies either directly measure websites implementing this standard or explore the theoretical implications of standardising consent. The first paper looks at how the design of consent dialogues shape the consent signal sent by users. The second paper identifies disparities between the privacy preferences communicated via cookie banners and the consent signals stored by the website. The third paper uses coalitional game theory to explore which firms extract the value from consent coalitions in which websites share consent signals.

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