The Impact of Special Purpose 3: Latest Amendments to the IAB Transparency and Consent Framework (TCF) V2.2 Policies by IAB Europe

The IAB Transparency and Consent Framework (TCF) plays a crucial role in providing a standardized approach for publishers and vendors to obtain user consent for data processing activities. Recently, the TCF V2.2 policies have undergone significant amendments, particularly with the introduction of Special Purpose 3 (SP3), which has brought about notable changes in how organizations handle user consent and transparency.

What is the IAB Transparency and Consent Framework (IAB TCF v2.2)?

The IAB Transparency and Consent Framework is a globally recognized framework that enables publishers and vendors to gather and manage user consent for data processing activities. It provides a standardized approach for obtaining and communicating user preferences regarding the use of their personal data.

The TCF aims to ensure transparency and accountability in the digital advertising ecosystem and aligns with various data protection regulations, such as the General Data Protection Regulation (GDPR) in the European Union.

It aligns with data protection regulations such as the GDPR by emphasizing transparency, accountability, and user rights over their personal data. By complying with the TCF and adhering to its principles, organizations can ensure that their data processing activities are in line with legal requirements and prioritize user privacy.

What is the Special Purpose 3 (SP3)?

Special Purpose 3 in the IAB TCF has a vital role in safeguarding the privacy and interests of individuals, especially vulnerable groups like children. SP3 aims to prevent practices that may cause substantial harm or privacy risks to children, manipulate consent through dark patterns, or conduct surveillance without explicit consumer authorization.

SP3 ensures that organizations do not process personal information that could potentially harm or pose privacy risks to children. This requirement prioritizes the protection of children's privacy and ensures that their personal data is handled with caution.

Additionally, SP3 prohibits the use of dark patterns to manipulate consent. Dark patterns are deceptive design techniques that influence users' choices. By disallowing such practices, SP3 ensures that organizations obtain consent in a fair, transparent, and unambiguous manner, respecting users' autonomy.

Furthermore, SP3 prevents the misuse of certain data collection features for surveillance purposes without explicit consumer authorization. This provision protects individuals from unwarranted monitoring or tracking, ensuring that their privacy is respected and their personal data is not misused for surveillance without their knowledge and consent.

What is the impact of SP3?

One of the essential requirements for businesses is having a lawful basis for data processing, which necessitates obtaining cookie consent. The consent request must be freely given, unambiguous, specific to each processing purpose, informed, and easy to withdraw. In addition, organizations operating search engines must provide a plain language description of the main parameters used to rank search results, ensuring transparency in the process.

The introduction of Special Purpose 3 aims to address certain data processing activities related to digital advertising. It focuses on ensuring that organizations do not process personal information that may result in substantial harm or privacy risks to children, do not use dark patterns to manipulate consent, and do not engage in surveillance without explicit consumer authorization. This addition underscores the commitment to protecting the privacy and interests of users, particularly vulnerable groups such as children.

These amendments align with the broader legal requirements for data processing and privacy. Under the UK GDPR and the Data Protection Act 2018, organizations must ensure data security, transparency, and accountability. They are also obligated to provide clear and comprehensive privacy notices, including information on the categories of personal data processed, purposes for processing, instructions on exercising data rights, and more.

This emphasis on transparency and user consent is vital in the digital advertising ecosystem, where data processing activities are prevalent.

No more legitimate interest for some purposes

With the removal of legitimate interest for specific purposes, organizations will now need to obtain explicit consent for data processing activities. This means that individuals must give their clear and informed consent before their personal data can be processed. The requirement for explicit consent ensures that individuals have full control over their personal information and can make informed decisions about its use.

Sensitive data, such as racial or ethnic origin, religious beliefs, and health information, already requires explicit consent for processing, regardless of the removal of legitimate interest. This ensures that sensitive personal information is handled with utmost care and respect for individuals' privacy.

The impact of removing legitimate interest is that organizations will need to rely more heavily on obtaining explicit consent for data processing activities, even for non-sensitive data. This places a greater emphasis on transparency and accountability, as organizations must clearly communicate the purposes of data processing to individuals and provide them with the option to opt out if necessary.

More accessible information for users

This change reinforces the importance of providing more accessible and transparent information to users. Privacy notices and policies play a crucial role in ensuring that individuals have a clear understanding of how their personal data will be processed. Organizations must provide comprehensive privacy notices that describe the categories of personal data processed, the purposes of processing, and how individuals can exercise their data rights.

By making privacy notices easily accessible to users, organizations can promote transparency and empower individuals to make informed decisions about their personal data. These notices should be readily available without requiring users to log in or register, ensuring that everyone can access the information.

Vendor transparency

Under SP3, privacy notices must include crucial information such as the categories of personal data processed, the purposes for processing personal data, and instructions on how consumers can exercise their data rights. This requirement ensures that individuals have a clear understanding of how their personal information is being used and empowers them to make informed decisions about their data.

Furthermore, organizations must also include information on how consumers can appeal a controller's refusal to take action on data rights requests. This additional requirement promotes accountability and transparency, ensuring that individuals have avenues to challenge decisions related to their data rights.

SP3 also emphasizes the need for transparency in data sharing practices. Organizations must include the categories of personal data shared with third parties and the categories of third parties with which personal data is shared. This requirement ensures that individuals are aware of how their data may be shared and with whom, fostering transparency and accountability in data processing activities.

In addition to privacy notices, SP3 encourages organizations to have written contracts with all data processors. These contracts outline the responsibilities and obligations of each party, including terms for confidentiality, data deletion or return upon termination, and cooperation with the controller's assessments and audits [1]. By having these contracts in place, organizations can establish clear expectations and ensure that data processors adhere to privacy and security standards.

Consent management platform (CMP) mandatory disclosures

SP3 provides specific guidelines for CMPs to ensure compliance with the requirements of data protection laws. For example, organizations using a CMP must present users with a cookie pop-up requesting explicit consent. This means that users must be informed about the types of cookies and similar technologies used on the website or app, and they must have the opportunity to accept or decline these cookies. CMPs using SP3 enable organizations to easily implement this consent request process.

Another important requirement outlined by SP3 is the need for checkboxes or toggles that allow users to choose which cookies to accept and which to decline. It is crucial that these checkboxes are not pre-checked, ensuring that users actively make their choices. CMPs complying with SP3 can provide organizations with the necessary tools to implement this requirement and give users control over their consent preferences.

SP3 also emphasizes the importance of not setting cookies prior to obtaining consent. This means that organizations must ensure that no cookies are placed on a user's device until explicit consent has been obtained. CMPs adhering to SP3 can assist organizations in implementing mechanisms to prevent the premature setting of cookies, thereby ensuring compliance with this requirement.

Easier consent withdrawal process

The principle of easy consent withdrawal is a fundamental aspect of data protection regulations, as users should have the same level of control over their consent as they have when giving it. SP3 emphasizes the importance of providing users with an accessible way to change their cookie settings at any time. This ensures that organizations using SP3-compliant CMPs enable users to exercise their right to withdraw consent effortlessly.

CMPs aligned with SP3 provide mechanisms that allow users to easily withdraw their consent for data processing activities. This can be achieved through user-friendly interfaces and features that enable individuals to manage their consent preferences effectively. For example, users should be able to access a consent preferences center where they can review and modify their consent choices. CMPs complying with SP3 ensure that this process is intuitive and straightforward for users, empowering them to exercise their rights.