‘This is scary stuff’: Cookie compliance efforts continue to fall short even three years after GDPR

European Union law on cookie compliance is clear: a person should be given a simple choice to accept or reject being tracked by advertisers on publisher sites. The problem is that there are moments when they don’t seem to have that choice.

That’s according to the findings released today from a new study commissioned by Ebiquity which aims to spotlight privacy shortcomings in the ad tech ecosystem.

​​The investigation found the vast majority (92.6%) of websites that attract tier-one advertiser-spend place at least one tracker on internet users’ devices prior to gaining their consent.

Ebiquity partnered with Usercentric’s consent management platform Cookiebot to conduct the study which analyzed almost 200,000 cookies across the 1,000 largest domains based for programmatic ad investments based on Ebiquity’s records of the top 100 global advertisers.

Of the 200,000 cookies analyzed in the study, half were defined as “marketing cookies” by the CMP with 82.4% of these tracking tools determined to have been installed on users’ devices by third parties. A third (32.3%) of those cookies were fired without valid user consent. In addition, researchers also found that 70% of third-party marketing cookies transferred user data outside of the European Union, a practice that is subject to strict regulatory requirements. Put another way: the report suggests that many of the biggest publishers are potentially violating their readers’ privacy and data protection rights by giving them a false notion of control.

“Advertisers want to ensure they fund responsible media outlets, and these numbers clearly show there is a lot of work to do,” said Ruben Schreurs, group chief product officer at Ebiquity. “Particularly in light of recent industry developments, we advise brands to ensure they have full transparency and controls on their investments in programmatic open web activity.”

To read the full article in Digiday, click here.

First featured 07/12/2021.

Ebiquity Insights

Equip yourself with the data, benchmarks, and strategic insights needed to navigate the evolving advertising landscape.

Understanding Connected TV
ISBA and Ebiquity’s latest report provides practical guidance to help brands make informed decisions about CTV investments. 
Media Investment in 2025: Three Trends to Watch
The key changes shaping the advertising landscape and how to navigate them
What the Omnicom-IPG Merger Means for Brands
How will this merger affect your media investments, agency relationships, and regional strategies?
Maximizing ROI in the Fragmented Landscape of Retail Media
Clear, actionable strategies to help advertisers maximise retail media returns
Briefing for Effectiveness: A Simple Best Practice Guide
A set of frameworks and processes, empowering you to create briefs that prioritize effectiveness
2024 Media Predictions: A Year of Transformation
Ebiquity’s 2024 Media Predictions analyses the key trends that will shape advertising in 2024