Consent Management Platforms under the GDPR: processors and/or controllers?
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Abstract (arXiv)
Consent Management Providers (CMPs) provide consent pop-ups that are embedded in ever more websites over time to enable streamlined compliance with the legal requirements for consent mandated by the ePrivacy Directive and the General Data Protection Regulation (GDPR). They implement the standard for consent collection from the Transparency and Consent Framework (TCF) (current version v2.0) proposed by the European branch of the Interactive Advertising Bureau (IAB Europe). Although the IAB's TCF specifications characterize CMPs as data processors, CMPs factual activities often qualifies them as data controllers instead. Discerning their clear role is crucial since compliance obligations and CMPs liability depend on their accurate characterization. We perform empirical experiments with two major CMP providers in the EU: Quantcast and OneTrust and paired with a legal analysis. We conclude that CMPs process personal data, and we identify multiple scenarios wherein CMPs are controllers.
Key facts. Cited by 5 papers in the map (data through 7 Oct 2026). First posted on arXiv 14 Apr 2021.
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Citing papers per year: 2021: 1; 2022: 1; 2023: 3.
5 papers.
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- 2022Automated detection of dark patterns in cookie banners: how to do it poorly and why it is hard to do it any other waycited by 3
- 2023Mapping the Empirical Evidence of the GDPR (In-)Effectiveness: A Systematic Reviewcited by 0
- 2023Mapping the Empirical Evidence of the GDPR (In-)Effectiveness: A Systematic Review25 Oct 2023
- 2023Designing Fiduciary Artificial Intelligence27 Jul 2023
- 2023Exploring the Landscape of Machine Unlearning: A Comprehensive Survey and Taxonomy10 May 2023
- 2022Automated detection of dark patterns in cookie banners: how to do it poorly and why it is hard to do it any other way21 Apr 2022
- 2021Demystifying the Draft EU Artificial Intelligence Act8 Jul 2021