Data Privacy Compliance for Advertising Consent Manager and Toxic Data

Managing user consent effectively is a pressing issue for organizations that handle data. Given the explicit need for clarity over how user data is collected, stored, and used, publishers find themselves at the sharp end of the conversation.

To ensure data privacy compliance for advertising, a compliant consent notice is required for every individual partner a publisher works with, requiring a multitude of opt-in forms. 20 partners means 20 consent notices per user. It’s hard to imagine a more off-putting user-experience. Combined with the operational complexity this induces, and the fact that non-compliance can lead to harmful fines, it’s imperative to avoid what we call toxic data.

Data privacy compliance for advertising: The Commercial Consequences of Being Non Compliant

In the months leading up to GDPR, fears over penalties for using non-consented (aka toxic) data dominated reporting in the press. The harshest fines for noncompliance of up to €20m (approx. $24.7m, £17.4m) or 4% of annual revenue, whichever is greater, could spell the end for most businesses. Yet some commentators doubted the practicality of the new legislation, questioning whether it could be enforced on an international scale.

Fast forward to early 2019, and the long arm of GDPR is flexing its considerable muscle. The year began with formal complaints being filed against some of the biggest household names in consumer technology, alleging that they had failed to meet the new data privacy standards. This was quickly followed by serious fines being handed out, proving that GDPR has a considerable bite to back up its bark and must be treated with respect.

Data Privacy Compliance for Advertising and its Complexities

Even with significant legal resources and armies of engineers, data privacy compliance for advertising is clearly a challenge for even the biggest of tech giants. Understandable, therefore, how daunting it can be for smaller brands and publishers – and no surprise that 71% of marketers believe that a lack of compliance could have a detrimental impact on their companies’ ability to conduct business globally.

Publishers experience an additional degree of complexity due to the number of third-parties they work with to cover everything from optimizing revenue to analytics and insights. It’s not uncommon for apps to have upwards of 15 partner integrations, and typically publishers have limited visibility over whether consent notices from these partners are compliant with GDPR and other relevant legislation or not. This makes it convoluted and time-consuming to ensure the avoidance of toxic data. Furthermore, many consent notices today force users’ consent rather than giving them a clear and explicit choice to opt-in or out. This leads to an erosion of consumer trust, and lost business in the long term

Mobile publishers could be forgiven for thinking that these critical challenges will likely get worse before they get better. Fortunately, concerns over managing user data and streamlining data privacy compliance for advertising process now have a new, effective and efficient solution.

Your Route to Quality Data and Simplified Consent

Ogury Consent Manager has been created to help businesses move into the era of data transparency and user consent. It streamlines compliance for publishers by combining all consent notices from every demand and supply partner, technology solution, tracking or analytics provider into one convenient place.

Users are shown a single, GDPR compliant consent notice, providing them with a clear and informed choice to share data in return for relevant marketing recommendations, or to withhold. This minimizes disruption to their experience and simplifies holistic data privacy compliance for advertising and  for publishers.

Give Users A Clear Choice, With Options That Suit Them

Providing choice and control to consumers has been at Ogury’s core since the company’s creation in 2014. Long before GDPR, Ogury has held the foundational belief that trust between users and publishers can, and should, be at the heart of long term business success.

Data privacy compliance for advertising is necessary to avoid toxic data, but transparency and user choice are the foundations of trust. Legally-correct consent notices typically give the user two options: to opt-in and share data, or to opt-out and withhold. Ogury aims to help publishers build authentic relationships with users, embody transparency, and demonstrate the real world value of this data exchange. As such, a new capability will soon be released within Consent Manager called ‘Fair Choice’ that gives mobile users an additional option, to provide a total of three;

1. Opt-out of sharing their data, access content for free, but receive irrelevant and impersonal marketing.

2. Pay a fairly priced monetary fee, without sharing data, in exchange for a marketing-free experience.

3. Consent to share their data, access content for free, and receive valuable, relevant marketing from premium brands.

Ogury’s inspiration for creating ‘Fair Choice’ is rooted in the principle that there should be an equitable exchange between organizations and users when they opt to share their data. Ogury also recognises that many of the problems afflicting the mobile ecosystem today are a result of users opting out, withholding their data, but still being served irrelevant ads. This option leads to poor user experiences, weak campaign results for brands, and low earnings for publishers.

With ‘Fair Choice’, publishers can still elect to give users this option, but Ogury recommends against it, as it is the root of today’s lack of clarity between publishers and users. We believe that users should be placed firmly in control of their data while being presented with an additional way to access content and receive a fair exchange, but we also believe publishers, who are creating the quality content consumed by users, should be fairly rewarded for their efforts, with or without marketing.

Remove the Heavy Lifting From Optimizing Opt-In Rate

As if ensuring compliance, handling data correctly and respecting user experience weren’t enough, publishers also have to consider how to optimize opt-in acceptance rate. Something that could lead down a rabbit hole of endless manual A/B testing. Having served compliant consent notices to billions of individuals over the last five years, Ogury understands exactly how to do this, and has developed a specific technology for publishers to optimize acceptance rate automatically with AI.

Ogury’s intelligent consent optimization automatically adjusts criteria such as specific time of day, location and frequency for serving. Additionally, Consent Manager gives the option to apply dynamic creative optimization to adjust the layout of your form, based on the type of user. And with its easy‐to‐use monitoring dashboard, Ogury Consent Manager enables you to quickly digest the consent metrics that matter to you.

Consent Manager also allows for customization with a range of color schemes and layouts to match a publishers’ brand identity, and can be set to be delivered to users as frequently as deemed suitable.

Check for IAB Approval, and Beyond

The IAB Transparency and Consent Framework was created in June last year – as a collaboration between IAB Europe and IAB Tech Lab – to offer internationally recognized best practice for any organization looking to handle user data for marketing purposes. As an IAB approved Consent Management Provider (CMP), publishers can rest assured that Ogury Consent Manager not only meets the letter of the law put in place by GDPR, but is also aligned with all relevant standards as set by the leading authority in the field.

But where other solutions draw the line here, Ogury Consent Manager goes one step further by incorporating partners that fall outside of IAB jurisdiction, including Facebook and Google. The net result is a one-stop consent notice that covers the vast majority of partners available on the market today, with additional vendors being added on a regular basis.

No lingering concerns about toxic data or penalties over data misuse, and additional revenue options for your digital properties. Don’t run the risk of serving rogue marketing or frustrating your users with endless opt-in forms. As part of Ogury’s SDK, Consent Manager is available to all publishers on Android, iOS, and mobile web, free of charge, from today.

Should you have any questions or queries about Consent Manager or any of Ogury’s MJM solutions, contact us at

Sarah Jones, Product Marketing Director

There’s no doubt about it, 2018 propelled the topics of trust and transparency to the forefront of marketers minds. From the introduction of new data privacy laws to the continual media coverage surrounding misused consumer data, it’s clear that consumers now understand the power their data holds, and they won’t tolerate when technology companies disrespect that power. We’re just over a month into 2019 and large tech giants have been in the news again for abusing consumer trust. This not only impacts the reputation of those companies, but it impacts the entire industry. And the recently empowered consumer isn’t going to stand for it anymore.

If there’s one thing I’ve discovered in my 10+ years in the marketing and technology space, it’s that the consumer is king. Okay, maybe I didn’t discover that, but I’ve certainly ingrained that concept into all my business practices – and so should you. If the consumer really is king, we need to start treating them like one; which begins by allowing them to rule over their own data.

A consumer’s data is their crown jewels

Consumers today are extremely smart and understand that their data is a valuable possession. A possession that they don’t need to share with anyone they don’t want to. So why would they share it? A study by the DMA discovered that the most important factor for consumers in deciding to share their personal data is whether they trust the relevant organization. In fact, 54% of respondents ranked this option in their top three considerations for data exchange.

Along with trust, transparency remains a key requirement for consumers to engage in information exchange with organizations. Between 85% and 88% of consumers state that transparency over data collection and sharing are important when sharing personal information with businesses. There’s no denying that consumers demand trust and transparency, and it’s all of our responsibility to provide it. Not because recent laws are forcing us to, but because it is what’s in the best interest of the consumer. Respect the king.

Start being compliant, or prepare to pay a King’s ransom

Not even a year into GDPR and multiple tech companies have had to open their wallets to pay for their mistakes, including tech giant Google who was fined €50 million for violating EU data privacy rules. Failing to be compliant results in a far greater cost to an organization than money. Data breaches and privacy violations tarnish our entire industry’s reputation.

More often than not, the big guys like Google and Facebook will bear the brunt, but the truth is, they’re not alone in failing to provide transparency and gain consumer trust. In fact, Forrester reported that a staggering 87% of all organizations they surveyed had encountered a data breach in 2018 alone. Tech companies need to not only respect consumers by not misusing their data, but they also need to respect their peers by not giving our industry a bad name. You may be 100% compliant, but if others aren’t being compliant you will still have to work twice as hard to gain consumer trust, and after all, trust is the currency of today.

Trust, transparency and compliance will allow you to hold court

There are over 7000 marketing technology companies in today’s landscape, and the average business partners with up to 20+ different companies at one given time. So how do you ensure you gain the respect of your consumers while also standing out from the cluttered crowd? You need to have integrity. Misleading your consumers and being ambiguous with your intentions will result in a lack of confidence and loyalty. We all know from Game of Thrones what happens when a King doesn’t feel loyalty from his subjects. Don’t make the mistake of beguiling your consumers.

Let’s take a look at the recent news surrounding Facebook paying users (as young as 13) to install a research VPN that allows them to access a ton of private information. This research app was banned by Apple as it breached their privacy policies. And Facebook wasn’t alone. Google’s app, Screenwise Meter rewarded users with gift cards in exchange for tracking their internet usage data, and was similarly removed by Apple. With the app still available on the Google Play Store, I took a look at Active Insights, Ogury’s insights solution which revealed some interesting insights.

First-party mobile user journey data revealed that Google’s Screenwise Meter app users were extremely active across January. In fact, 94.5% of Screenwise Meter app owners engaged with the app at least once last month. Comparing that to Gmail (82.4%), Spotify (85.5%), Google Chrome (88.7%), and WhatsApp (89.6%), it’s clear users found the gift card exchange offer appealing – until the media covered the Apple policy breach. The day after the story broke we saw a decline in active app users. This goes to show that consumers have very little tolerance for misleading and dubious offers and that it is time for them to rule over their own data, which we all need to be there to help them with.

Treating consumers with respect is the noble thing to do

Both Facebook’s Research app and Google’s Screenwise apps are fully opt-in, but users still didn’t feel like they were being treated with respect. In an effort to be completely transparent, technology companies need to remove forced opt-ins and operate with integrity. Opt-in notices must be simple, yet informative. I recently spoke with technology industry expert, Barb Mosher Zinck from Diginomica who stated that Ogury’s privacy policy is one of the clearest she’s read. Ogury ensures to serve an explicit, clear and simple consent notice to all users, while also providing them an easy way to opt-out, at any time.

If the consumer really is King, it’s their right to hold the power. We don’t provide this power to the consumer to check off a box when it comes to privacy regulations. We do this because it’s the right thing to do, and I urge all other technology companies to do the same.

Raphaël Rodier, Global CRO



International film and entertainment giant Paramount needed to identify and attract a new younger audience for the release of Mission: Impossible – Fallout. As well as engage existing franchise lovers, Paramount wanted to reach the next generation of fans through mobile. Read on to learn the results. 


As one of the most recognized names in the entertainment industry, Paramount is no stranger to building hype and anticipation among fans of its many franchises. But for the launch of Mission: Impossible – Fallout, the company needed to try a different approach for its mobile marketing efforts. As well as reach existing Mission: Impossible fans, Paramount had to attract a new, younger audience of cinema-goers who had not grown up with the celebrated action movie series. The company needed a partner solution that would reveal where these users could be found on mobile outside of Paramount’s own apps and websites.


Fueled by Ogury’s unique first-party mobile journey data, Ogury’s User Engagement solution created a bespoke targeting matrix by studying the behavior of Mission: Impossible fans. Ogury revealed that the audience was characterized by three interest criteria: technology, extreme sports and general cinema lovers. These were then applied to the 18-24 year old age group, who had previously not shown an affinity for the film franchise. By autonomously up-weighting those with higher performance, campaign targeting was continuously refined by Ogury’s AI-powered User Affinity Engine to ensure Paramount’s ideal audience were both identified and attracted to the brand effectively.


Ogury achieved breakthrough results for Paramount with both existing and new Mission: Impossible fans. A view through rate of 75.9% was recorded across the campaign, with 162,673 target users reached accounting for 172,290 completed views of the Mission: Impossible – Fallout trailer creative. Impressions were capped at 1.4 per user, with a resulting CTR of 4%.

“Ogury has delivered a comprehensive understanding of our mobile audience as well as excellent campaign results. The MJM approach and Ogury’s ability to reveal the affinities of our ideal target consumers has resulted in outstanding engagement with our creative, as well as uncovered a new generation of Mission: Impossible fans. Mission accomplished.”

Mathieu Rampant
Digital Strategy Manager, Paramount

Download Paramount case study

Maybe it’s trite to say, but if anyone can understand the value of quality content, it’s certainly marketers. Those same marketers though, when they’re off the clock, will readily admit there are far too many lousy ads. And it’s not only marketers with their trained minds who are noticing how bad and invasive advertising content can be; consumers are too.

In a survey of U.S. internet users by Kantar Millward Brown, 71 percent of respondents said that ads are more intrusive now than they were three years ago. While not remotely surprising, the danger is that “consumers who feel ads are becoming too invasive are taking actions that marketers should take seriously.” A widely-cited IBM study showed that 16 percent of smartphone users are now blocking all ads. In the U.S. and Europe, ad-blocking has mainly been restricted to desktop. However in Asia, the popularity of mobile ad-blockers has soared, and there’s nothing to prevent a similar trend in other markets.

This conundrum is leading some industry experts to leap to the hasty conclusion that these users must feel that all advertising and marketing is invasive and/or irrelevant. And interstitials, given their power and impact, will often unfairly bear the brunt of this criticism. We hear publishers say all the time that “interstitials are a bad and intrusive ad format.” But upon closer inspection, this turns out to be much more myth than fact.

Fact: Interstitials are a powerful ad format at capturing user attention

Let us start by defining our terms: What is an interstitial? Google defines interstitials as, “full-screen ads that cover the interface of their host app.” (They are not pop-ups.) When used intelligently, interstitials are placed at natural transition points that create a sense of flow in an app: between levels in a game; between menu screens in a utility or news app; or directly after a user has read their nth article, in the case of a news app. On mobile, the interstitial can be as large as ten times the size of a banner, making it enormously powerful at capturing user attention and generating maximum impact and recall.

It was only a handful of years ago that VentureBeat claimed interstitial ads would surpass performance expectations for brands. But at the start of 2017, Google began to penalize mobile websites that used large interstitials. In response, publishers quickly discarded interstitials across websites AND mobile apps — even though Google did not say that mobile apps would be penalized for showing interstitials. Thus began the decline to where we are today: Only about 16 percent of ComScore’s top 2000 mobile apps are monetizing with interstitials.

Fact: Interstitials are an effective format for both publishers and marketers

So that means 84 percent of app publishers aren’t using interstitials. And, we’ve found in countless publisher conversations that many of them are reticent to even try the interstitial format. But, on both CPM and overall earnings potential, interstitials score considerably higher than banners — and many publishers, based on our experience, just haven’t run the tests and done the math.

And on the topic of banners: At first pass, given their minimal size, banners might seem more user-friendly. But in-app, banners often take up precious real estate permanently at the bottom of the screen — and we’d argue this could cheapen an app’s perception. Think about it: What if Hulu showed a banner at the bottom of the screen while you were watching Handmaid’s Tale, for the entire show — would you not rather receive the experience in an intermittent full-screen format than watch the show with an unsightly billboard holding hostage the bottom of the screen?

The truth is, when used judiciously, interstitials remain a highly effective format for both publishers, marketers and users. If we go back to the survey of U.S. internet users by Kantar Millward Brown, the main reason respondents felt ads were intrusive was because they felt the content and timing of the ads were annoying or irrelevant.

How can marketers fix this? By upgrading their strategies to attract users based on real-time intentions and behaviors, rather than crudely targeting — and infusing quality, consented, first-party data into their campaigns. A shotgun approach with interstitials is not acceptable; it will alienate too many people. The targeting AND the creative should both be informed by real data in order to attract, and these ads should not be run as ‘one-size-fits-all’.

With mobile predicted to surpass TV as the medium attracting the most minutes in the U.S. this year, marketers should not underestimate the value of the interstitial format. Rather than completely rule out a format that has been wrongly tarred with a wide brush, for mobile, brands should consider all advertising formats in their mobile campaign. Leveraging first-party data that maps the entire mobile user journey, and executing thoughtful creative will allow brands to connect with consumers no matter the format of the ad. And in turn, publishers will benefit from higher revenue and a better user experience.


Shane Minte, VP Publisher Development


Originally published on VentureBeat