IAB Europe Ad Blocking Detection Guidance
The document shows how publishers can err on the side of caution given the legal uncertainty surrounding this topic by requesting and obtaining the consent of users for the use of ad blocker detection relying on existing compliance mechanisms for cookies.
- Ad blocker detection is not illegal, but might, under a strict interpretation of the ePrivacy Directive be regulated and require the informed consent of users.
- Depending on the technical implementation of ad blocker detection, such detection may be out of scope of the consent requirement of the ePrivacy Directive, or fall within an exemption to the consent requirement. But the legal situation is not very clear.
- Publishers may want to err on the side of caution and obtain consent for the use of ad blocker detection scripts to preempt and avoid any legal challenges.
- Publishers could use two practical solutions to request and obtain consent for the use of ad blocker detection: a consent banner or a consent wall. Publishers could also make use of a combination of the two to complement each other.
Supplementary information: ePrivacy implementation center
IAB Europe has updated the ePrivacy implementation center that explains how the ePrivacy Directive’s consent requirement for cookies is implemented in the different markets. Members are encouraged to consult the overview to find out how they must comply with the possible consent requirement for ad blocker detection in their markets, too.