GDPR tested on Google, ad tech and Facebook
- Publisher Enders Analysis.
- Publish Date March 8, 2019
- Sector Media, Technology.
- Company Facebook, Google.

Recently issued regulator rulings on Google, ad tech companies and Facebook challenge prevailing online advertising practices of obtaining user consent under the EU’s General Data Protection Regulation (GDPR)
Rulings from France on Google and ad tech partners of media owners called them out for inadequate disclosure to users, and excessive merging and processing of data
In a landmark precedent for Germany, the Federal Cartel Office found that Facebook lacked “freely given” consent from users, calling its terms “exploitative” and an abuse of its dominant position, also harming competitors
Contents
Why consent matters
Managing consent in the publisher ad tech ecosystem
The Vectaury ruling
Facebook & Google: “walled gardens” as special cases
Google decision from France
Facebook decision from Germany
Conclusions
- The rulings are complements
- Did Google get off lightly?
- What’s the damage to Facebook’s core business?
- UK implications, and the risk for other platforms
- What’s in store in for publishers?
List of charts/tables
Figure 1. CMPs implementations used by the Guardian (above) and Mail Online
Figure 2. 2018 UK online ad spend by channel (ÂŁbn)
Figure 3. Appendix: Comparison of the relevant European privacy rulings