Online tracking remains problematic, with compliance and ethical issues persisting despite regulatory efforts. Consent interfaces, the visible manifestation of this industry, have seen significant attention over the years. We present robust automated methods to study the presence, design, and third-party suppliers of consent interfaces at scale and the web service consent-observatory.eu to do it with. We examine the top 10,000 websites across 31 countries under the ePrivacy Directive and GDPR (n=254.148). Our findings show that 67% of websites use consent interfaces, but only 15% are minimally compliant, mostly because they lack a reject option. Consent management platforms (CMPs) are powerful intermediaries in this space: 67% of interfaces are provided by CMPs, and three organisations hold 37% of the market. There is little evidence that regulators’ guidance and fines have impacted compliance rates, but 18% of compliance variance is explained by CMPs. Researchers should take an infrastructural perspective on online tracking and study the factual control of intermediaries to identify effective leverage points.
https://dl.acm.org/doi/10.1145/3706598.3713648
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