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(Un)informed Consent: Studying GDPR Consent Notices in the Field (1909.02638v2)

Published 5 Sep 2019 in cs.HC and cs.CY

Abstract: Since the adoption of the General Data Protection Regulation (GDPR) in May 2018 more than 60 % of popular websites in Europe display cookie consent notices to their visitors. This has quickly led to users becoming fatigued with privacy notifications and contributed to the rise of both browser extensions that block these banners and demands for a solution that bundles consent across multiple websites or in the browser. In this work, we identify common properties of the graphical user interface of consent notices and conduct three experiments with more than 80,000 unique users on a German website to investigate the influence of notice position, type of choice, and content framing on consent. We find that users are more likely to interact with a notice shown in the lower (left) part of the screen. Given a binary choice, more users are willing to accept tracking compared to mechanisms that require them to allow cookie use for each category or company individually. We also show that the wide-spread practice of nudging has a large effect on the choices users make. Our experiments show that seemingly small implementation decisions can substantially impact whether and how people interact with consent notices. Our findings demonstrate the importance for regulation to not just require consent, but also provide clear requirements or guidance for how this consent has to be obtained in order to ensure that users can make free and informed choices.

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Authors (5)
  1. Christine Utz (5 papers)
  2. Martin Degeling (11 papers)
  3. Sascha Fahl (13 papers)
  4. Florian Schaub (8 papers)
  5. Thorsten Holz (52 papers)
Citations (330)

Summary

Analysis of GDPR Consent Notices in Website Interfaces

The paper "(Un)informed Consent: Studying GDPR Consent Notices in the Field" by Utz et al. provides an empirical investigation into how different graphical user interface elements of General Data Protection Regulation (GDPR) consent notices affect user consent behavior on websites. The authors conduct a comprehensive series of experiments to understand critical variables impacting user interactions with these notices, notably position, choice architecture, nudging strategies, and textual framing.

Key Findings

A critical observation from the experiments is the influence of the consent notice's position on a webpage. The paper determined that positioning notices at the bottom-left of the screen significantly increased user interaction rates. This finding challenges the commonly observed practices where consent notices are often displayed as bars at the top or bottom of the webpage—areas which might impede user engagement.

The research further explores the impact of choice architecture and nudging. Results suggest that providing a binary choice—wherein users must explicitly accept or decline all cookies—increases the likelihood of acceptance compared to more nuanced options involving multiple categories or third-party vendors. The practice of nudging, or visually emphasizing the acceptance option, was found to significantly sway users toward consenting, underscoring how minor interface tweaks can lead to substantial differences in consent outcomes.

Intriguingly, the findings highlight the stark effects of GDPR's guidelines on data protection by default and purposed-based consent. In scenarios where defaults were set to decline tracking, an exceedingly low fraction of users opted into cookies, illustrating the potential regulatory impact on prevalent website business models relying on user consent for data-driven advertising.

Practical and Theoretical Implications

This paper's findings bear significant implications for both practice and theory within computer science and the broader landscape of data privacy regulation. From a practical standpoint, designers and developers should consider optimal placement and choice architecture of consent notices to align with user expectations and regulatory standards, potentially moving towards more transparent and user-friendly consent mechanisms.

Theoretically, the research contributes to a more nuanced understanding of user behavior in response to user interface elements in consent notices, bridging gaps between data protection law requirements, design practice, and user behavior modeling. The insights provided by this paper could inform the development of design guidelines that advocate for genuine, informed user consent rather than coerced or uninformed agreement, thereby supporting the ethical use of personal data.

Future Directions

Future research could expand on these experiments by incorporating real-time analytics and adaptive notice designs tailored to individual user behaviors and preferences. There is also room to explore longitudinal impacts of consent notice compliance across various sectors, particularly how adherence to the GDPR affects user trust and engagement over time. With evolving regulations like the ePrivacy Directive and the California Consumer Privacy Act (CCPA), continuous inquiry into the efficacy and user perception of consent interfaces remains paramount.

In summary, the paper by Utz et al. offers a crucial empirical framework for understanding how design variables in GDPR consent notices influence user decisions, providing actionable insights that could significantly enhance privacy compliance and user experience on digital platforms.