OneTrust on TCF Ruling – What actions can publishers take

beeler.brief onetrust Feb 25, 2022
A special thank you to Alex Cash from OneTrust for his take on what actions publishers can take after the TCF ruling.
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Naturally the next question that we get, as we begin to understand a little bit more about the ruling is, well, what can I as a publisher do about this today, tomorrow, and in the next few weeks and months? There are a couple of actions that we have been talking to customers about. There are a couple that I would feel comfortable recommending to one of our customers, and there are others that you really will just need to be purely assessed with your teams in house, both from a risk perspective and from a revenue perspective as well.

Some things that I would feel comfortable recommending, firstly, it jumps out at you from the ruling that the regulators did not find the usage of legitimate interest to be appropriate in the context under which it was analyzed. And so I think it would be a pragmatic approach, at least in the interim, to consider disabling the usage of legitimate interests and that should just be a simple toggle within your CMP.

The other approach, the other sort of step that you can take in the short term is that IAB Europe have been very clear in their response to this, that they see TCF as a sort of minimum set of requirements on top of which publishers and CMPs can build. So whether that is a change of language, a change of configurations, extra details, more policy, whatever, you can partner with your CMP provider and ensure that you are disclosing the right level of information to the consumers on top of what TCF has as a minimum and Ivy Europe is seemingly very fond of recommending this at this time.

Now, when we look at TCF as a whole, there are really kind of three options that publishers have that they can take moving forwards. This is for you to really decide and to think over. But one option that we are seeing and hearing about from a lot of the publishers who will speak candidly about this, is that they are going to wait and see what happens with the remediation plan under the TCF remediation plan, that is not uncommon. But other approaches could be, you can migrate away from the usage of TCF. And so you can configure your CMP, not using TCF signals at all to either block and unblock particular tags, or it could be used to set tags to be in a certain mode like a non-personalized mode for example. Again, this is detailed and it's very involved, so you've got to be really thorough, but it is fully possible and we know of organizations that do this today.

Now, the last option and one that we're hearing about increasingly often is actually to switch to contextual. When thinking about your European markets, a pretty significant and bold step to take, and it could have some relatively significant revenue impacts, but it is something that we are hearing from publishers today as a way to mitigate for some of these risks in the European markets.

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