“TCF” cookie consent popups violate GDPR; OSNews wants to stop using cookie popups too once we get enough Patreons
You may not have heard of the “Transparency & Consent Framework”, but you’ve most likely interacted with it, probably on a daily basis. The TCF is used by 80% of the internet to obtain “consent” from users to collect their data and share it among advertisers – you know, the cookie popups. In a landmark EU ruling yesterday, the TCF has been declared to violate the GDPR, making it illegal.
For seven years, the tracking industry has used the TCF as a legal cover for Real-Time Bidding (RTB), the vast advertising auction system that operates behind the scenes on websites and apps. RTB tracks what Internet users look at and where they go in the real world. It then continuously broadcasts this data to a host of companies, enabling them to keep dossiers on every Internet user. Because there is no security in the RTB system it is impossible to know what then happens to the data. As a result, it is also impossible to provide the necessary information that must accompany a consent request.
↫ Irish Council for Civil Liberties
It’s no secret that cookie consent popups do not actually comply with the GDPR, and that they are not even necessary if you simply don’t do any cross-site sharing of personal information. It seems that this ruling confirms this in a legal sense, forcing the advertising industry to come up with a new, better system. On top of that, every individual company that participated in this scheme is now liable for fines and damages.
Complaints coordinated by Johnny Ryan, Director of Enforce at the Irish Council for Civil Liberties, prompted the ruling. He said:
Today’s court’s decision shows that the consent system used by Google, Amazon, X, Microsoft, deceives hundreds of millions of Europeans. The tech industry has sought to hide its vast data breach behind sham consent popups. Tech companies turned the GDPR into a daily nuisance rather than a shield for people.
↫ Irish Council for Civil Liberties
The problem here is not so much the clarity of applicable laws and regulations, but the cost and effectiveness of enforcement. If it takes years of expensive and complex legal proceedings to bring a company that violates the GDPR to heel, is it really an effective legal framework? Especially when you take into account just how many companies, big and small, there are that violate the GDPR?
OSNews uses a cookie popup and displays advertising, something we have to do to gain a little bit of extra income – but I’m not happy about it. Our ads don’t provide us with much income, perhaps about €150-200, but that’s still a decent enough chunk of our income pie that we need it. I would greatly prefer we turn off these ads altogether, but in order to be able to afford that, we’d need to up our Patreon income. OSNews Patreons get an ad-free version of OSNews.
That’s a long and slow process, especially with the current economic uncertainty making people reconsider their expenses. Disabling our ads altogether for everyone once we’re fully reader-funded is still my end goal, but until the world around us settles down a bit, that’s a little while off. If you want to speed this process up – you can become an OSNews Patreon and enjoy an ad-free OSNews today.