Do you have illegal cookies?

Are you actively monitoring visitor activity on your website? If so, it’s crucial to ensure your cookie banners are up-to-date and consent mechanisms are in place before March 6th. Failure to do so could mean you’re illegally tracking your visitors. 

On the 6th of March 2024, the EU will put a new regulatory framework called the Digital Markets Act (DMA) into effect. Through the act, the EU wants to ensure both a safer management of user data, as well as fair competition among key players, referred to as ”gatekeepers”, within digital media markets.

Google has been defined as such a ”gatekeeper”, and will therefore be forced to comply with the new rules. Consequently, this also means that companies that are using Google’s measurement technologies will need to organize their data management to align with the requirements. Google’s business users will have to do the following to ensure compliance:

Compliance Measures for Google’s Business Users:

• Implementation of Consent Mode v2: Companies must integrate Consent Mode v2, allowing tags to adjust their behaviour based on user cookie settings. This is crucial for aligning with the DMA’s requirements and ensuring a user-centric approach to data management.

• Utilization of Consent Management Platforms (CMPs): The most straightforward way to implement Consent Mode is through a Consent Management Platform (CMP), such as Cookiebot, Think, and OneTrust. This streamlines the process and ensures a seamless transition for businesses.

• Manual Implementation for Self-Produced Solutions: If a company employs a self-produced cookie management solution, manual implementation of Consent Mode is necessary. This underscores the importance of adapting internal systems to comply with the new regulations.

• Migration to GA4: To retain the use of audiences, remarketing lists, conversions, and other features, businesses must complete the migration to Google Analytics 4 (GA4). This transition is critical for maintaining campaign effectiveness under the DMA.

• Update API/SDK Versions: Ensure that the API/SDK (Application Programming Interface/Software Development Kit) for both Google Ads and DV360 are updated to the latest running versions. Staying current with these tools is essential for continued compatibility with Google’s advertising platforms.

Implications and Recommendations:

Despite Google’s limited public announcements regarding the DMA, it is certain that non-compliance may result in penalties, likely impacting campaign performance through potential data loss. While the exact repercussions remain unclear, taking necessary actions promptly is recommended.

Does the DMA Affect All Companies?

The requirements apply to all companies tracking users within EEA (European Economic Area). The UK have their own domestic regulatory framework, called the Digital Markets Bill, that forces the same requirements on the use of Google’s measurement products in the UK.

What’s Next?

If a company currently falls short of meeting DMA requirements, immediate action is necessary. Internal implementation through in-house resources is recommended for those who can manage the process independently or contact your marketing agency. Companies should initiate the process promptly, given the approaching enforcement date. 

Conclusion:

With the Digital Markets Act in place, companies using Google’s measurement technologies need to adapt to the new rules. Following the suggested steps helps businesses comply with the DMA, protecting user data and promoting fair competition in digital markets. 

Do you have any questions? Contact us at Trickle!