The facts | why choose consent rather than legitimate interest | Lessons & Benefits for 2018 | what’s up for tomorrow ?

The professional letter “tracks & facts Data Alchemist” is sent to professionals evolving in the marketing and advertising sector – Publishers, sell-side and buy-side, technological stacks, brands.

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A first, in tracks & facts, an interview with Benoît Oberlé, founder and CEO of SIRDATA (thanks to Benoît Oberlé and Nathalie Harding for this moment).

– Two steps to this drop in sales

The first came on January 1, 2018 when advertisers and their agencies decided to cut their third party data supplies, as a precaution, pending legal feedback on GDPR interpretation (General Regulations for Data Protection). Even though, SIRDATA had already started its compliance process, most of flow went to zero (for a time). From then, a certain chaos, during 2018 1st quarter, to integrate this financial impact, to reassure (internal and external) and to see flows start again little by little, in particular, thanks to label ePrivacy seal obtained, in April 2018.

The second was compliance for SIRDATA’s network. There, it was necessary to audit, verify the implementation of actions with suppliers (a page of privacy on the site, a mention and a link to SIRDATA, the display of the banner cookie …). The consequence was the loss of 35% of them, those who did not understand that it was not a whim of the company but a legal necessity. In this step, it was also necessary to integrate the choice of the user, and thus to respect a request of opposition to obtain a valid consent.

We went from a world where we could do everything except when the user says STOP, to a world where nothing can be done until the user has said YES“.

Why did you choose user’s consent rather than legitimate interest as legal basis?

Consent or legitimate interest are purposes permitted by regulation. But when the “raison d’être” is data, like SIRDATA, we are exposed, partners too, we can not, then, take risks. Benoît Oberlé made this choice of seeking consent because he had no choice, simply, whatever its price !

The ecosystem believed and thought that the CNIL would be indulgent was and is a mistake : its mission is to protect consumers

Today, the market is mostly in the phase of acceptance of legitimate consent. Actors are now doing this compliance work even if there is a shortfall.

What are the lessons :

A better market understanding and especially publisher centrality role.

We underestimate the pressure on their shoulders and the sense of isolation that can have some of their employees stuck between regulatory obligations and economic imperatives economic.

Legal understanding is the other lesson. It was necessary to understand the legal text (jargon) but also, and above all, to move into actions, such as being able to correctly set up tools such as CMP’s which are and remain means of compliance and not pledges of compliance.

We understood the link between the text, the object of the text and the setting of the text into music“.

And from a more personal point of view, we had to learn to “talk” and interact with industry to make progress.

Put water in your wine to move forward, implement without renouncing on our requirements!

The benefits for year 2018?
We won some nobility letters, without being the only ones, of course

They are numerous!

A team more expert around data, privacy and related services, united by this market shock. It allowed to show that the GDPR gives user a control, the right to the portability of his data. This does not mean the disappearance of targeting, be it behavioral or contextual for advertising purposes.

A business expansion in many ways. As the market evolves, it has been necessary to cover SSP’s in addition to DSPs. The second enlargement is, since 2018, to make available in SaaS mode, its semantic processing tool.

An agility in the legal process that has allowed market share gains, new publishers, a reputation and a superior market credibility, with stronger involvement in IAB France or IAB Europe.

Most importantly, the company has strengthened its ability to explain its methods and tools. It proposes new products or services such as consulting integration function. Finally, a more healthy business management with low risk.


a) e-privacy?

The fear that hangs over the advertising world is that of a HARD e-privacy, cookies control by the browser. A common mobilization remains imperative, it is a question of survival and even of sovereignty.

The market must show regulators that it knows how to organize itself to respect privacy and that regulation on this point is not necessary. Whether in France or in other countries (Europe, USA, …), there seems to be almost unanimity, not positions yet, but at least on the objective. The construction of the Transparency Consent Framework (TCF) is one of them and must be answered before the text.

This is the first real positive and open common construction that I see in 20 years of market“.

b) The future of third?

The future of 3rd? you have to expand to 2nd, 1st because Legal Basis before processing concerns all types of data!

It will go through a point, the control allowed to user. It will take a generation for everyone to understand what is happening with data – a new deal opportunity. For example, do not condemn the “cookie fatigue”: each information banner that appears participates in the education of Internet users, they must stay until the day when even the most user prompt to pass this type of message will read it, then read another. The user who controls and understands what is happening and the tools he has at his disposal, here is what will leave market players a chance to monetize personal data: if he does not understand …. or can’t control in time (need of a button “cookies” or equivalent to modify his choices posteriori) …., the risk is that the user says no at all, all the time.