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Published on September 7, 2020 AUTHOR - PRIVACY RESEARCH TEAM
Since the European Data Protection Board (EDPB) has released updated Guidelines on Consent, Consent Management Platforms (CMPs) have been reevaluating their practices in relation to governance, collection, and management of users’ consent. Gone are the days of Cookie Walls and pre-selected boxes.
The Interactive Advertising Bureau’s (IAB) Transparency and Consent Framework (TCF) is a set of technical solutions whereby website publishers can obtain users’ consent for the processing of their data. All website publishers that are intending to participate in the European Framework of IAB (IAB-EU) are required to deploy a TCF v2.0 solution that is consistent with the new requirements set forth by EDBP, GDPR, and the e-Privacy Directive.
Securiti's CMP has been updated and aligned with the IAB EU TCF v2.0 solution and is, therefore, one of the only CMPs in the market fully compliant with the requirements of EDPB, GDPR, and e-Privacy Directive. Our tool empowers consumers to provide informed and free consent to the processing of their data as well as to object to processing on the basis of a “legitimate interest”, whenever they want. It allows website publishers to derive consent collection in compliance with TCF v2.0, GDPR, e-Privacy Directive and any other applicable data privacy regulation without hassle while ensuring the consent collection is completely documented and available for easy reference during any privacy audit. Our new CMP has the following new exciting features:
1. User notification ensures users provide freely given, specific, informed and unambiguous consent:
It enables website publishers to require users’ consent before processing their information or loading of tracking technologies. This ultimately ensures that no personal information is collected, used, or processed and no tracking device is installed in the terminal equipment unless and until users provide consent, that is freely given, specific, informed, and unambiguous indication of users’ wishes.
2. User notification at regular intervals ensures data subjects are well-informed:
It enables website publishers to display notifications and alerts at appropriate levels and intervals to ensure that data subjects are well-informed about the processing of their data.
3. Prohibition of Cookie Walls ensures freely given consent of the user:
It demands website publishers to not make access to a service conditional to the users’ consent for the processing of personal data or installation of tracking technologies.
4. The ability to withdraw consent ensures freely given consent of the user:
It enables users to withdraw consent by using the same method and user interface as for obtaining the user’s consent. The data subjects are informed of his or her ability to withdraw their consent before processing their information along with the process and method it requires.
5. Granularity ensures specific consent of the user:
It enables granular consent choices in the secondary user interface layer by providing separate explanations to users for each purpose of the processing of data.
6. Providing clear and comprehensive information ensures informed consent of the users:
It enables website publishers to provide clear and comprehensive information to data subjects about the processing of their data. This includes providing details on the identity of the data controller, the purpose of the processing operations, the type of data that will be collected, used or processed, the existence of data subject’s right to withdraw consent, the mechanism through which consent can be withdrawn, information about the use of the data for automated decision-making or profiling and the potential risks in relation to cross-border data transfers, among other relevant details.
7. Providing information in clear and plain language ensures informed consent of the user:
It enables website publishers to provide information to data subjects about the processing of their data in a clear, plain and understandable language. Such information will be made separate from the terms and conditions of a particular service.
8. Affirmative Action ensures unambiguous indication of users’ consent:
It enables website publishers to obtain written, recorded, and/or oral statements of data subjects, whereby a data subject consents to the processing of personal data or installation of tracking technologies.
9. Prohibition of scrolling and swiping to constitute consent ensures unambiguous indication of users’ consent:
It demands website publishers to prohibit the use of pre-ticked/pre-selected checkboxes to obtain users’ consent as well as to not constitute scrolling, swiping, any inactivity on the part of the data subject or any similar action of the data subject as data subject’s consent.
10. Maintenance of consent records ensures compliance with the legal requirements:
It enables website publishers to maintain a record of users’ consent to assist in demonstrating compliance with the legal requirements pertaining to consent.
At Securiti, our mission is to enable enterprises to safely harness the incredible power of data and the cloud by controlling the complex security, privacy and compliance risks.
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