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Legal implications for INFOnline Measurement

Telecommunications Telemedia Data Protection Act (TTDSG) Coming into Force on December 1, 2021

According to our interpretation, when the TTDSG comes into force on December 1, 2021, the pseudonymous INFOnline Measurement may only be loaded and executed if there is active consent from the user of your web page. The introduced census measurement may continue to be played out without the user's consent.

Based on our interpretation, legitimate interest (LI) will no longer apply as a legal basis for consent-free measurement. As a result, we are expanding IAB Vendor 730 (INFOnline) to include Purpose 1 (store and/or access information on a device) as of November 24, 2021.

Here's how this may impact your digital site:

  • Consent will be re-obtained for Vendor 730 (INFOnline).
  • Potential changes to your reach.

When using Measurement Manager with pseudonymous measurement enabled, Consent processing is automatic - please refer to the Migration Guide for guidance.

If you have further questions regarding legitimate interest, please contact your privacy officer - regarding CMP or TCF, please contact your internal contact person.

Maximize data protection compliance with INFOnline Measurement Manager (web page/MEW).

To ensure the data privacy compliance of your site, we recommend using a TCF-compliant Consent Management Platform (CMP) in conjunction with our INFOnline Measurement Manager.

Important to note
  • Please take into account the information letter from IVW and agof dated November 2, 2021

  • If you are currently participating with your digital site in the IVW publication, please note our Migration Guide for pseudonymous measurement.

Please note that the standalone pseudonymous measurement cannot automatically process the information generated by CMP. To do this, you must actively select the user's consent decision and transfer it accordingly to the playout of the web sensor/SZM tag. In order to comply with legal requirements, the publisher must ensure that only requests with a positive consent are transmitted to INFOnline.

What is census measurement actually for?

Census measurement is a new method of collecting Page Impressions. With this method, neither personal data is determined nor is session data temporarily stored for the user. Therefore, the legal restrictions imposed by the EU-DSGVO and the TTDSG do not apply here, making it possible to collect data without the user's consent.

The census measurement provides the calculation basis for the market-relevant performance indicators (media) Visit. This makes it possible to compensate for the losses caused by the consent-based reach survey due to declining consent rates.

Not yet posted? Orient yourself to the Migration Guide for pseudonymous measurement.

Are you using the standalone version of pseudonymous measurement? (alternative measurement methods: facebook instant article, Google AMP, newsletter).

INFOnline offers alternative measurement methods because of technical restrictions on certain platforms and environments. In the case of facebook instant article, Google AMP article/stories and the measurement of newsletters, there is no possibility of directly connecting a TCF-compliant CMP or integrating the Measurement Manager. Because of these limitations, it is necessary to use INFOnline as a standalone measurement.

It is important to note here that the latest codenotation is used when transmitting the manual Consent in order to comply with the above-mentioned legal and technical requirements.

Did you know...

that you also have the possibility to use the census measurement in the alternative measurement methods?

What to watch out for with apps?

The following also applies to apps: Only start the session of pseudonymous measurement if you have the user's consent.

What happens if Measurement Manager and/or app customization cannot be implemented by December 1, 2021?

As long as you load and play out the pseudonymous measurement after the TTDSG comes into force from December 1, 2021 only if the user has given active consent, you only need to consult with the IVW office.

Your checklist

You can find all information summarized and for forwarding under the following link:

Last update: July 19, 2023