How does Consent Management affect my Affiliate Program?

Disclaimer: It is the advertiser's sole responsibility as the data controller, to establish and enforce consent rules on their services. This guide provides information to help you make informed decisions but does not constitute legal advice. Please always seek formal legal advice on your specific setup.

Managing Consent in Affiliate Marketing

In affiliate marketing, managing consent is not just a legal necessity but a best practice that balances effective campaign tracking with user privacy. This guide delves into consent management principles, highlights how Webgains facilitates compliance, explains server-to-server tracking, and clarifies UK-specific guidelines for loyalty and reward publishers.

What Is Consent Management in Affiliate Marketing?

Consent management refers to informing users about tracking, obtaining their explicit consent, and honouring their choices. In affiliate marketing, tracking data is essential for measuring campaign performance and attributing results. However, tracking activities must align with privacy laws, requiring transparency and user consent unless exemptions apply.

How Webgains Supports Consent Management

Webgains provides tools and best practices to ensure compliance with privacy laws while optimizing tracking for affiliates. Here’s how we help:

Compatibility with Major CMPs

Webgains integrates with all leading Consent Management Platforms (CMPs), ensuring seamless tracking within your chosen CMP to manage and document user consent effectively.

Shopify Integration

Our Shopify Plugin is configured to work with the Shopify Privacy API, simplifying consent management while maintaining operational efficiency.

IAB Membership and TCF 2.2 Compliance

As a member of the Interactive Advertising Bureau (IAB), Webgains adheres to the Transparency and Consent Framework (TCF) 2.2, providing a standardized approach to consent management that meets industry and legal standards.

Webgains Cookies: Purpose and Categorization

Webgains uses attribution cookies to track actions (e.g., sales or leads) associated with affiliates. These cookies are typically classified as performance or analytics cookies, as they focus on campaign measurement rather than collecting sensitive personal data.

Advertisers retain the authority to classify these cookies based on their specific tracking activities and compliance requirements. Regular reviews ensure accurate categorization and adherence to legal guidelines.

Consent and Server-to-Server Tracking

Webgains offers server-to-server tracking as an alternative to client-side cookies, providing additional flexibility in data collection:

How It Works

Instead of placing cookies directly on a user’s device, server-to-server tracking processes data on the server side. This method appeals to advertisers seeking alternatives to browser-based cookies.

Consent Implications

Even with server-to-server tracking, if identifiable information (e.g., unique IDs) is processed, consent is still required under GDPR and similar laws.

Specific Guidelines for Loyalty and Reward Publishers (UK)

In Autumn 2024, the UK Information Commissioner’s Office (ICO) clarified cookie consent requirements under the Privacy and Electronic Communications Regulations (PECR) for tracking transactions in cashback, loyalty publishers, and other reward-based business models. The ICO confirmed that cookies used to track purchases and deliver rewards are "strictly necessary," as they enable the service consumers sign up for.

Best Practices for Consent Management

Transparency: Clearly communicate what cookies you use, their purposes, and users’ options. This fosters trust and encourages opt-in behaviour.
CMP Integration: Select a CMP that integrates seamlessly with affiliate tracking systems for streamlined consent management.
Adherence to Standards: Align with frameworks like TCF 2.2 for robust and transparent consent practices.
Regular Reviews: Periodically evaluate cookie classifications and compliance measures to stay updated with evolving regulations.