This document discusses the GDPR, ePrivacy Regulation, and how they impact online tracking and consent requirements. Key points include: - GDPR allows for consent (opt-in) or legitimate interest as a legal basis, while ePrivacy Regulation requires opt-in consent. - Germany in particular has not fully implemented the ePrivacy Directive and still requires opt-in consent under local law. - The document discusses an "OIL" solution that can forward opt-out/opt-in preferences through advertising technology to give users control over tracking. - Several large European publishers have implemented or contacted the company about the OIL solution.

2. Agenda
ePrivacy Regulation2

3. A few remarks about GDPR & ePrivacy
3
GDPR says
Legal basis can be consent
(opt-in) OR legitimate
interest
Opt-in not mandatory
But GDPR also says
Existing national laws based
on old ePrivacy Directive
remain in force
Opt-in is required
Germany
Germany has not fully trans-
formed ePrivacy-Directive into
local law – we still have Sect. 15
TMG.
Opt-in is not required
The mechanics are
controversially discussed.
Other EU member states
might have a need for
consent.
Consent requirements
Cookie usage on an Opt-out
basis only for web analyses
Prohibition of Cookie Walls
(“Kopplungsverbot”)
You may not force readers to
opt-in. Publishers might have
to offer a site w/o Cookies
“Browser Supremacy”
Users will in future have to select
a "privacy setting" when
installing their web browser
ePrivacy
GDRP

4. This has a severe impact on our content offerings
4

5. 5
o
o
o
o
o
o
o
o

6. OIL
6
In order to control trackers that come onto the
website via advertising, OIL can forward opt-
out/opt-in information via the technical standards
of the IAB Framework down the ad tech chain.
The IAB Framework’s goal is to provide
transparency and control regarding tracking
technology in advertising both for the publisher
and the end user.
AS Opt-in Layer
Website
Tags via AdsTags on Website

7. 7
Global Vendor
List
Purposes
Consent
Forwarding
Pubvendors.
json
Connection to
Consent
Manager
Provider
(CMP)
Review all vendors
that want to
participate in
programmatic bidding
Choose what
exactly is allowed
Pass down opt-in /
opt-out to vendors
through the ad tech
chain
Per vendor per
purpose control
OIL is the user
interface / CMP in
case of AS

8. 8

9. 9

11. 11
Axel Springer (Business Insider)
Burda Forward Advertising websites
We have been contacted by larger and smaller
publishers alike mostly within the EU
However, we only know anecdotally about the
external usage, as we can’t track open source
distribution.

12. 12

13. 13