AdChoices & Consent Management Platforms (CMPs)
This memo has been created to assist companies with their Consent Management Platform (CMP) partnerships, to enable them to ask the right questions and provide an interface to consumers consistent with the DAAC’s Principles of Transparency and Consumer Control.
What Are Consent Management Platforms?
Consent Management Platforms (CMPs) provide solutions for consent/domain-level choice management on a company’s website/app. CMP companies may offer a broader array of services, including data tools and consultation.
The interfaces CMPs display to consumers can vary in appearance and allow the visitor to permit or revoke data collection and use for various advertising, analytics and other purposes on the domain on which they are deployed.
Companies typically use these notices as a way to comply with jurisdictional privacy legislation and regulations for notice and consent. As many companies operate cross-jurisdictionally, it is not uncommon to see notices in jurisdictions that do not have privacy law regimes as strict as others.
CMPs also share a visitor’s consent status with ad tech vendors on that specific site or app that the CMP is working with. Those ad tech vendors then share the consent signal in the bidstream.
CMPs are not a substitute for AdChoices. The use of a CMP is voluntary under the DAAC program, but using a CMP can help a participating company comply with the DAAC Principles.
Consent Banners and Modules
CMPs typically provide a two-step process for consumer interaction: (1) a consent banner at first load and periodically thereafter and (2) a consent module. Commonly, the consent module (2) is linked to from the consent banner (1), frequently labelled as “More Settings,” “Learn More,” or similar phrasing.
A consent banner is the first notice the consumer sees, often upon visiting a website/app for the first time. The banner may be a pop-up or a bar that opens up along the bottom of a webpage. The banner encourages an action, typically to learn more or to continue to the website/app and use the services provided in exchange for data collection.
A consent module is an interface surfaced if the consumer wishes to learn more or to indicate their choices regarding the processing of their personal information on that website/app. A consumer can reach the module through the consent banner or by other means.
Additional access to the module varies widely by vendor.
CMPs and AdChoices
There is no requirement to use a CMP under the DAAC program, but using a CMP can help a participating company comply with the DAAC Principles. Reminder: a CMP is not a substitute for AdChoices certification and use.
Suppose a company is working with a CMP that is providing a consent experience to visitors. In that case, that company may rely on the AdChoices Ad Marker in the footer of their website or in the hamburger menu of their app to provide additional always-on enhanced notice to consumers. This AdChoices Ad Marker can be leveraged to reprompt the CMP and to offer cross-site and/or cross app choices, which are not native to CMPs.
Why Use a CMP and the DAAC Program Together?
The scope of what a CMP offers and what is offered through the AdChoices program are different but complementary. A CMP is used for on-domain or on-app data relationships, whereas the AdChoices program brings to light data relationships from the larger advertising ecosystem and offers broader consumer control.
The key differences are described below:
A CMP will stop pixels and cookies from firing on a website, but it won’t stop hashed email addresses or phone numbers from being used for marketing purposes. Companies will need to offer DAA tools* if they do audience matching.
The control tools offered by the DAAs affect interest-based advertising across sites and apps over time. CMPs offer enterprise-only control. Using both allows the consumer to understand that they have settings for this one website/app (through the CMP) and broader web-wide control through the DAA tools, exposing external third-party vendors you may be working with. We feel this web-wide control meets the spirit of many of the privacy expectations regulators have previously voiced.
The DAAC program offers independent accountability oversight through Ad Standards, which just working with a CMP does not. The DAAC program provides expertise to help your teams understand the Office of the Privacy Commissioner of Canada (OPC)’s expectations for relevant advertising.
DAAC program participation is different from legal compliance. The program goes beyond legal compliance by providing enhanced information and control specific to relevant advertising on sites and in ads. Through the program, a brand owns the privacy relationship with the consumer and doesn’t rely on other parties to do it for them.
The AdChoices icon stands as a well-established symbol that, when prominently displayed on websites and apps, has been proven to generate increased favourability and trust among consumers. Leveraging this established icon within your CMP can further amplify its impact. Integrating the icon into your CMP not only reinforces your brand's association with the AdChoices program but also serves as an educational tool, enlightening users about the icon's significance.
DAAC participation shows regulators that you proactively engage with industry self-regulatory programs and aim to meet expectations described in the OPC’s OBA guidelines. The AdChoices program is not about compliance with the law; it’s about consumer trust, offering clarity about company advertising practices, and giving industry-level control.
The DAA Network’s Partnership with CMPs
The DAA network has created a package of technical and implementation documentation for CMPs to partner with the AdChoices program (see the CMP CoMPlement section for more detailed information).
If a CMP chooses to work with the DAA network, they gain a license to reuse the AdChoices icon and serve it on behalf of their clients, and they can begin linking to the DAA tools.
The benefit that CMPs receive is the ability to host an AdChoices module for clients inside the CMP or on client websites/apps, as well as offer the ability for their clients to use the signals received from DAA tools on their properties. For example, if a brand wishes to limit tracking for visitors who previously visited the DAA tools to opt out, the CMP would now see that signal and honour it on the client’s behalf.
The AdChoices module that a CMP can surface describes how relevant advertising is occurring on the website/app (a plain language notice) with a button or link to the DAA tools and a button or link to resurface the more fulsome consent module offered by the CMP. This plain language interface allows the participant to meet requirements under the DAAC’s Principles and, additionally, provides consumers with an opportunity to open back up their choices made with the CMP upon initial visit.
If the AdChoices module is available permanently in the footer/hamburger menu of a website/app, that CMP interface would then be available to the visitor at any time. In short, let the AdChoices icon re-prompt your CMP.
Example of how an AdChoices module can be displayed on a website that is directly linked/served by the CMP. Note that in this example above, a consumer can open up the broader CMP settings by clicking “All Settings” in the module.
More about CMPs
Consumer consent banners can be combined with the DAAC Principles’ First Party Enhanced Notice requirements. Your consent banner can help you comply with the DAAC’s program.
Know What to Disclose
Understanding your organization’s data flows and what needs to be communicated to the consumer is the first and most crucial step to take.
Let the consumer know about why you may do certain practices and about your third-party partners, particularly for relevant advertising. Give the consumer the ability to learn more about your third-party partners to let them determine whether they need to make any changes.
The language used in the consent banner and module needs to be easy to understand and informative. Avoid doublespeak or industry jargon, and consider that English may not be the reader’s first language. Also, assume a primary grade literacy level when writing the notices.
These banners and modules that CMPs offer need to be editable to enable your legal counsel and user experience experts to know what type of message your visitors should see and what may be necessary to highlight.
It is also recommended to configure the notice experience based on the jurisdictions in which the banner will be shown. This user experience adjustment by jurisdiction is available with most well-established CMPs.
Make Choices Manageable
Since some of the data collection, use and disclosure occurring on your website/app may be tied to digital advertising, please ensure that you are following the DAAC’s guidance for interest-based advertising and the choices consumers should have available.
The DAAC asks that participating companies link to our centralized control mechanisms found at YourAdChoices.ca (specifically: https://youradchoices.ca/en/tools for English and https://youradchoices.ca/fr/outils for French).
Questions to ask your CMP
CMPs are collaborative and can work with you to provide the best experience for consumers. To get started, or refine, working with a Consent Management Platform, ask some key questions:
What are the options your consent module has available? Get these explained in detail and have them show you some examples.
Is the text in the consent banner/module editable or customizable?
Is it possible to manipulate the colour options, positioning, size of the consent banner?
Are the consent banners tailored to the jurisdiction they are displayed within?
Are the consent banners able to be translated (e.g., English/French)?
Can the consent banner be branded with a logo and/or a property’s look and feel?
How can the consent module be resurfaced for consumers to revisit their choices?
Ask if they can do this through AdChoices, which is universally recognized as choices related to advertising.
Has the CMP spoken to the DAA/DAAC about the CMP CoMPlement project?
It is recommended to use the AdChoices Ad Marker (the icon and an approved phrase) to resurface a CMP module. This is a key feature of the DAA’s CMP CoMPlement project. Additional documentation can be shared with your CMP upon request.
About CMP CoMPlement
The CMP CoMPlement project allows consumers to use the universal AdChoices icon to access a CMP’s console and the information and choices about relevant ads, thus advancing the DAAs’ mission to provide real-time notice and control outside of privacy policies. This mission also helps market your brand as privacy-friendly.
Through new user modules and technical specifications that simplify and improve the user experience, brands and publishers can integrate the globally recognized AdChoices program into a participating CMP’s user flow, giving consumers access to both CMP-specific controls and the industry-wide choices offered through the DAAs’ portals.
Click here to read more information about this project. Please encourage your CMPs to sign up to work with the DAAs.
Why Belong to the AdChoices Program?
Participation in the AdChoices program is a collaborative effort within the advertising ecosystem, requiring active engagement from all parties involved. Brands, acting as facilitators, collaborate with third parties to cultivate and locate target audiences, while third parties play a crucial role in actualizing targeted advertising initiatives.
Consequently, each entity bears a shared responsibility for transparently communicating to consumers the intricacies of data collection, utilization, and disclosure, ensuring a heightened awareness of these processes and their privacy implications.
Notably, the display of the AdChoices icon extends beyond your owned platforms. As clients often rely on agencies and platforms to serve the icon on their behalf, it becomes imperative to specify that first parties and third parties must be active participants in the DAAC AdChoices program for the icon to be served. This collaboration ensures that consumers receive consistent and accurate information regarding data practices.
Moreover, when the AdChoices icon appears on your advertisements across the open web, it becomes a direct channel to address the visitor's queries about the ad's relevance. It empowers them with control over their advertising experiences. In essence, the AdChoices icon serves as a beacon of transparency, answering common user questions and fostering a sense of trust and control in the dynamic landscape of online advertising.
Joining the AdChoices program provides many benefits:
Participants gain access to the AdChoices icon (the colour of which can be changed to match the company’s branding when used on their websites/apps); it can also be added to consent banners.
Link to our industry choice mechanisms. Consumers use our tools every day, and by explaining who your advertising partners are and offering them easy control for interest-based advertising, you’re building consumer trust. See survey results here.
Be open and accountable. Ad Standards reviews each participant for compliance with our principles and works with them privately to rectify deficiencies. A self-attestation form is part of the program’s review process. This extra due diligence shows that your company is doing its best to act responsibly regarding interest-based advertising. Participants are subject to a non-compliance procedure and may be removed from the program by the DAAC if continued non-compliance persists.
The DAAC provides consumer education initiatives and informs the public about what the icon means and what our tools do through our website and social media channels in both English and French.
Check here to see if your company is an AdChoices participant. If not, now is a great time to join.
* Note that the Digital Advertising Alliance of Canada (DAAC) is an international partner of the Digital Advertising Alliance (DAA), which is headquartered in the United States. While operating independently, both organizations work closely together and run AdChoices self-regulatory programs for interest-based advertising tailored to each market. Throughout this memo, references to the DAA tools or DAA network relate to the shared tools and partnerships the DAAC has with the DAA. There are DAAs operating in Europe (EDAA), Argentina (APDA), and India & Middle East (DAA India & Middle East).