Do Cookie Banners Respect my Choice? : Measuring Legal Compliance of Banners from IAB Europe’s Transparency and Consent Framework
Célestin Matte,Nataliia Bielova,Cristiana Santos +2 more
- 18 May 2020
- pp 791-809
TL;DR: This work analyzes the GDPR and the ePrivacy Directive to identify potential legal violations in implementations of cookie banners based on the storage of consent and detects such suspected violations by crawling 1 426 websites that contains TCF banners.
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Abstract: As a result of the GDPR and the ePrivacy Directive, European users encounter cookie banners on almost every website. Many of such banners are implemented by Consent Management Providers (CMPs), who respect IAB Europe’s Transparency and Consent Framework (TCF). Via cookie banners, CMPs collect and disseminate user consent to third parties. In this work, we systematically study IAB Europe’s TCF and analyze consent stored behind the user interface of TCF cookie banners. We analyze the GDPR and the ePrivacy Directive to identify potential legal violations in implementations of cookie banners based on the storage of consent and detect such suspected violations by crawling 1 426 websites that contains TCF banners, found among 28 257 crawled European websites. With two automatic and semi-automatic crawl campaigns, we detect suspected violations, and we find that: 141 websites register positive consent even if the user has not made their choice; 236 websites nudge the users towards accepting consent by pre-selecting options; and 27 websites store a positive consent even if the user has explicitly opted out. Performing extensive tests on 560 websites, we find at least one suspected violation in 54% of them. Finally, we provide a browser extension to facilitate manual detection of suspected violations for regular users and Data Protection Authorities.
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Citations
Dark Patterns after the GDPR: Scraping Consent Pop-ups and Demonstrating their Influence
TL;DR: In this paper, the authors analyzed how the most prevalent consent management platforms (CMPs) affect people's consent choices and found that dark patterns and implied consent are ubiquitous; only 11.8% meet the minimal requirements that they set based on European law.
Dark Patterns and the Legal Requirements of Consent Banners: An Interaction Criticism Perspective
TL;DR: In this paper, the authors draw together perspectives and commentary from HCI, design, privacy and data protection, and legal research communities, using the language and strategies of "dark patterns" to perform an interaction criticism reading of three different types of consent banners.
”I am Definitely Manipulated, Even When I am Aware of it. It’s Ridiculous!” - Dark Patterns from the End-User Perspective
Kerstin Bongard-Blanchy,Arianna Rossi,Salvador Rivas,Sophie Doublet,Vincent Koenig,Gabriele Lenzini +5 more
- 28 Jun 2021
TL;DR: In this article, the authors found that participants are generally aware of the influence that manipulative designs can exert on their online behavior, however, being aware does not equip users with the ability to oppose such influence.
I am Definitely Manipulated, Even When I am Aware of it. It s Ridiculous! -- Dark Patterns from the End-User Perspective
Kerstin Bongard-Blanchy,Arianna Rossi,Salvador Rivas,Sophie Doublet,Vincent Koenig,Gabriele Lenzini +5 more
TL;DR: In this paper, the authors found that participants are generally aware of the influence that manipulative designs can exert on their online behavior, however, being aware does not equip users with the ability to oppose such influence.
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Cookie Banners and Privacy Policies: Measuring the Impact of the GDPR on the Web
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Steven Englehardt,Arvind Narayanan +1 more
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TL;DR: The largest and most detailed measurement of online tracking conducted to date, based on a crawl of the top 1 million websites, is presented, which demonstrates the OpenWPM platform's strength in enabling researchers to rapidly detect, quantify, and characterize emerging online tracking behaviors.
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Cookieless Monster: Exploring the Ecosystem of Web-Based Device Fingerprinting
Nick Nikiforakis,Alexandros Kapravelos,Wouter Joosen,Christopher Kruegel,Frank Piessens,Giovanni Vigna +5 more
- 19 May 2013
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•Proceedings Article
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Franziska Roesner,Tadayoshi Kohno,David Wetherall +2 more
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TL;DR: This work develops a client-side method for detecting and classifying five kinds of third-party trackers based on how they manipulate browser state, and finds that no existing browser mechanisms prevent tracking by social media sites via widgets while still allowing those widgets to achieve their utility goals, which leads to a new defense.
Tranco: A Research-Oriented Top Sites Ranking Hardened Against Manipulation
TL;DR: In this paper, the authors empirically validate that the ranks of domains in each of the lists are easily altered, in the case of Alexa through as little as a single HTTP request.
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