As the adoption of the IAB Europe Transparency & Consent Framework gains momentum we are seeing increasing and exciting levels of engagement from the industry. Our Friday Webinar series on the Framework is attracting over 300 participants each week – sign-up for the next one here.
After each webinar we have received numerous questions about what was covered during the session. They ranged from detailed technical questions about how the Framework works, to queries about the registration process, cookies, consent policy, legal liability, and the user interface.
One of the common questions is the declaration dilemma of processor and controller and the place for each in the Framework. Our List of registered vendors does not differentiate between controller and processor namely because for different processing activities vendors may be controllers and/or processors in the same transaction, or between different transactions. Being on the list doesn’t make a representation about a company’s legal status as a controller/processor in a given situation under the GDPR. The primary value of the List is for companies, irrespective of their controller or processor status, to provide transparency and obtain consent in accordance with their own assessment of when that is needed.
As a controller under GDPR companies are responsible to ensure that transparency is provided and a legal basis established where personal data is processed, which makes the value of the List apparent for controllers.
However, even if you are a processor who may not need to provide transparency into a legal ground for processing personal data, because you are acting on the instruction of and under the legal basis of a controller, you may still need to obtain consent for information storage or access under the ePrivacy Directive and therefore can leverage the Framework exclusively to that end.
Therefore: If you are a vendor and consider that you are a processor that does not need to provide transparency as a legal ground for processing personal data, but still like to obtain consent for the placement of cookies, then the declaration of one of five purposes the Framework enables “information storage and access” (described as ‘the storage of information, or access to information that is already stored, on your device such as advertising identifiers, device identifiers, cookies, and similar technologies’) would be the minimum you should consider.
With this thought in mind do not delay in signing up to the Global Vendor List here and join the growing number of vendors (over 130 at the last count) that to date have joined the Framework. This will ensure that you can continue to maintain and work closely with the publishers that you support now and in the future.