Report Finds Lack of Consensus Around Applying CCPA Definitions and Obligations
NEW YORK — November 16, 2021 – In 2023, the California Consumer Privacy Rights Act (CPRA) will go into effect. To help companies serving the Connected TV (CTV) and over-the-top (OTT) digital advertising supply chain prepare to comply with the legislation, today IAB’s Project CCPA Crosswalk Working Group released “Project Crosswalk: Addressing CCPA Compliance within the CTV/OTT Marketplace.”
The white paper examines stakeholders within the CTV/OTT marketplace, how participants disclose and process personal information, how they view themselves when applying the California Consumer Privacy Act (CCPA) definitions and corresponding compliance obligations, whether and what friction points exist when addressing CCPA compliance, and potential solutions deserving further exploration. The report will be used as a basis to develop recommendations for how CPRA opt-outs might work under the new law.
“The CTV landscape is incredibly fragmented with different CTV providers using different identifiers and definitions of who is a business, service provider, and third party,” said Michael Hahn, SVP & General Counsel, IAB and IAB Tech Lab. “This report provides an overview of the landscape. From here, we are starting to scope out solutions to ensure that CTV and OTT companies are compliant when CPRA becomes law.”
The report found that:
- Approximately 75% of survey respondents state that they “sell” personal information within the CTV/OTT ecosystem, there is a lack of consensus on who should provide the “Do Not Sell My Personal Information” link, and where and how to offer such an option. This is the biggest stand-out challenge when operationalizing CCPA compliance in the CTV/OTT environment.
- CTV/OTT targeting often happens at the household level via IP address but can also include other proprietary user IDs. Publishers and advertisers will use this data, often in combination with viewing data, to segment and then target users on their devices.
- Most platforms, device providers, advertisers, and content providers view themselves as a “business” under the CCPA. However, the ad tech intermediaries, such as Demand-Side Platforms (DSPs), Supply-Side Platforms (SSPs), and ad servers, were evenly divided in describing their roles as a “business, “service provider,” or “third-party.” Measurement companies mainly take the position that they are a “service provider” under the CCPA.
The Project CCPA Crosswalk Working Group was created by the IAB Legal Affairs Council and focuses on:
- Identifying current CCPA practices in the CTV/OTT marketplace
- Identifying data flows that are relevant to CCPA analysis
- Developing a common framework for addressing CCPA classifications
- Determining next steps in order to prepare scalable CPRA/CCPA compliance solutions to address data sales and service provider disclosures
Today, IAB’s CCPA Consent Framework and Limited Service Provider Agreement have been widely adopted and leveraged by hundreds of companies to comply with the CCPA. The IAB Legal Affairs working group is working to develop a recommendation for CPRA.
The “Project Crosswalk: Addressing CCPA Compliance within the CTV/OTT Marketplace” Report, which is sponsored by OneTrust, can be downloaded here.
The Interactive Advertising Bureau empowers the media and marketing industries to thrive in the digital economy. Its membership comprises more than 650 leading media companies, brands, and the technology firms responsible for selling, delivering, and optimizing digital ad marketing campaigns. The trade group fields critical research on interactive advertising, while also educating brands, agencies, and the wider business community on the importance of digital marketing. In affiliation with the IAB Tech Lab, IAB develops technical standards and solutions. IAB is committed to professional development and elevating the knowledge, skills, expertise, and diversity of the workforce across the industry. Through the work of its public policy office in Washington, D.C., the trade association advocates for its members and promotes the value of the interactive advertising industry to legislators and policymakers. Founded in 1996, IAB is headquartered in New York City.