Regulators around the world have steadily pushed for more transparency and control around consumer data. Consumers have a right to know who is collecting data about them, what types of data points are being collected, and what is happening with their information. 

Earlier this year, the Interactive Advertising Bureau (IAB), an advertising industry group that builds policies and standards for the adtech industry, released Transparency Consent Framework 2.2, which is designed to help advertising platforms comply with the latest guidelines from Europe’s General Data Protection Regulation, or GDPR. 

Start.io’s advertising SDK is now fully compliant with TCF 2.2; here’s what that means for publishers: 

TCF 2.2 removes the ‘legitimate interest’ loophole for ads and content 

Previous versions of the IAB’s Transparency Consent Framework had allowed adtech companies and publishers to collect certain types of data without prior consumer consent if the company or publisher believed they had a “legitimate interest” in the data. 

TCF 2.2 closes this loophole. 

European regulators allow companies to use “legitimate interest” as a legal defense if they are sued for collecting data without consumer consent. When the language around “legitimate interest” was originally drafted, the idea was that a small number of companies need to collect a small amount of data without prior consent to prevent crime, fraud, or threats to public safety. 

The problem was that the definition of “legitimate interest” wasn’t clearly defined, so some adtech companies and publishers took that as a sign that they could continue to collect data without implicit consumer consent because it was crucial to their business model. 

European regulators have since issued guidelines and rulings that say advertising companies and publishers do not have “legitimate interest” in consumer data to serve ads or content and must ask for user consent first. 

Plain language > legalese 

Publishers use Consent Management Platforms (CMPs) to remain in compliance with the latest privacy regulations worldwide. Up until recently, CMPs have contained some nebulous language that consumers were finding hard to understand. 

For example, what does it mean when a publisher asks for permission to “create profiles to personalize content” or “measure advertising performance”? 

TCF 2.2 now includes user-friendly language and easy-to-understand examples, to help people better understand what they are consenting to. 

A complete list of the required language and examples can be found here. 

More information about software vendors 

Under TCF 2.2, publishers will now be required to tell consumers how many third-party vendors want access to their data, with a per-vendor breakdown of the categories of data being collected, data retention periods and any legitimate interests at stake (where applicable). 

Withdrawing consent 

Consumers should be able to easily find a publisher’s CMP, so they can modify or withdraw their consent at any time. 

The upside for publishers 

Start.io is committed to helping publishers maximize their advertising revenue. A growing number of advertisers are requiring TCF 2.2 compliance, so updating our SDK now helps our customers continue to access the highest possible CPMs we can offer. 

Good news: It’s easier than ever to remain in compliance—simply download Start.io SDK 4.11.4 here. 

About the author 

Michal Segal is the Director of Product Management at Start.io. She previously served as the Head of Products at Brightcom (NSE: BCG), and in product leadership roles at several earlier adtech companies.