Despite Google’s plan to end support for third-party cookies in Chrome in the next year, 63% of marketers still have no clear strategy for targeting ads to users in a cookieless environment. Additionally, Apple also made huge changes to its privacy tools recently, dropping third party cookies in Safari and allowing users of iOS apps to easily reject being tracked across the web.
If the majority of marketers are unprepared for such a huge change in the status quo, that’s a problem. According to a recent survey, 68% of consumers globally are either somewhat or very concerned about their privacy online and will act to defend it by rejecting cookies.
In this blog, we will look at the widespread trend of tricking users into giving consent for the acceptance of third party cookies.
According to a 2019 study titled (Un)informed Consent: Studying GDPR Consent Notices in the Field, just 0.1% of consumers would choose to accept all cookie categories if given a fair and sincere choice to do so. The study also found that over 57 percent of the websites they studied gave users a "nudge" to trick them into accepting cookies. They do this, for example, by using a dark pattern, such as marking the ‘Agree’ button with a colour. Despite the fact that almost all cookie reports (92 percent) contain a link to the privacy policy of the site, only 39 percent mention the specific purpose of the data collection. Those who have access to the data (21 percent) are also insufficiently mentioned.
The legal stuff: are you really GDPR compliant?
GDPR regulations govern how personal data may be stored and used within the EU. According to the legislation, marketers must provide a clear and easy option for users to reject all cookies if they wish, to ensure genuine consent. The GDPR underscores the importance of transparency and user choice, and individuals have the right to refuse or withdraw consent without facing any negative consequences.
Marketers should prioritise user-friendly interfaces that facilitate cookie rejection, respecting individuals' privacy preferences and aligning with the GDPR's commitment to empowering users in managing their data.
Here is a sadly typical example of a data preference selection pop-up, making it a Sisyphean task for the user to reject all third party cookies.
Could it be possible - the Daily Mail is a paragon of virtue?
Ok, not for their journalism standards or ethics, calm down. I never, ever thought I would say it, but the Daily Mail has become a good example of data preference UX. Not too long ago, if a data-conscious person ever had the misfortune of having to visit their website, it would take about 15 minutes to doggedly go through a mile-long list of vendors and untick hundreds of Legitimate Interest buttons manually.
I’m guessing they must have had complaints made against them, because they have inserted a clear and easy “Reject All” button, although there are two tabs where you must do this; the Purposes/Features tab and the Vendors tab - this is a fairly standard model, and purposely designed this way to increase the chances of gaining cookie acceptance via legitimate interest in the second tab if people don’t want to spend the time going through everything. So not a clear A-plus for virtue, but close enough.
A worrying media trend
Contrary to the best practice we have seen above, a growing number of media outlets are choosing not to give their visitors much choice in the matter; either they accept all cookies, or subscribe to see the content. This is especially rife among Spanish media outlets (see El País screenshots below) and in the interests of promoting freedom of information, I hope it is not going to become more widespread.
El País offers two choices; navigate for free by accepting cookies, or subscribe and reject cookies.
Although GDPR regulations don’t expressly forbid this, sticking your entire website behind a paywall is a bit counter-productive in my view. Having been a journalist myself for a large part of my career, I understand that many publishers feel they are chronically underfunded. But as a journalist, I would also want my articles to be read by as many people as possible, without restrictions.
Say goodbye to the cookie monster on your website
Revenue generation is a complex issue for media outlets, but the demise of third party cookies is actually a great opportunity for all publishers. There are an increasing number of privacy-first solutions that give publishers control over their own first-party data (FPD), and even solutions that offer them the ability to standardise their segmentation so they can offer scalable, targeted FPD advertising to demand side platforms (DSPs) without sacrificing the ownership of their user data.
I don’t personally represent any of those FPD ad companies, so all I can say is they do exist. The main takeaway I will leave you with is this: first impressions count, and data privacy is usually the very first thing your visitor will have to deal with when arriving at your site. Not everyone is data-conscious, but a growing number of people are aware of their right to data privacy, and for the ones who make it a habit to reject all cookies, you don’t want them to have a negative experience.
Personally, I always make a point of rejecting cookies. Yes, I am “that person” who will spend 15 minutes manually unticking all the Legitimate Interest buttons if I absolutely have to, but more often than not, I will simply leave the site and store the information in my long mental list of website UX grudges, never to return again.
Your website is the most important owned channel you have. If rejecting cookies is a fuss-free experience, there's a good chance your audience will remember you and reward you for it with their loyalty to your brand.