Question 1

Where can I find the Usercentrics Terms & Conditions and Data Processing Agreement?

Accepted Answer

Under the following links you will find the Usercentrics Terms & Conditions and Data Processing Agreement.

 	Usercentrics Terms and Conditions
 	Usercentrics Data Processing Agreement

Question 2

Does the use of CDN transfer IP addresses to the USA?

Accepted Answer

In order to load the code of the Usercentrics CMP as quickly and reliably as possible for all your users, Usercentrics uses a CDN (Content Distribution Network). Based on the location of the website visitor, the next server is thus selected to load the corresponding files. Since a CDN has a global list of IP addresses, analysis tools such as Webkoll can accidentally mistake the server for an American one. Nevertheless, all servers which receive and process consents are located in the EU. Our API server is located in Frankfurt replace with a Consent database in Belgium.

Question 3

Has Usercentrics concluded standard contract clauses with Google Cloud?

Accepted Answer

As a precautionary measure, we agreed on  an EU standard contract (Processors 2010) with Google LLC on October 19, 2019. Immediately after the announcement of the Schrems II verdict, Google LLC changed its data transfer to Google LLC from the previously used Privacy Shield to the EU standard contract clauses (Processors 2010) for all customers, including Usercentrics, on August 15, 2020. The EU standard contract clauses (Processors) of Google LLC in the version of August 19, 2020 has been executed between Google LLC and Usercentrics since August 19, 2020.

Question 4

Is the access to CMP information by Google absolutely impossible?

Accepted Answer

The storage of consents and device data takes place exclusively in the European Union, namely in Frankfurt am Main (API server) and in Belgium (Consent database). We have contractually agreed these storage locations with our partner - Google Ireland Limited. Google LLC has no standard access to the stored data and is only technically involved in supporting the hosting services used by Google Ireland. These are: Hardware maintenance, CDN and server monitoring. For none of these services Google LLC US has access to CMP information from Usercentrics.

Question 5

If I integrate the CMP via the Google Tag Manager, shouldn&#8217;t the GTM be categorised as &#8220;essential&#8221;?

Accepted Answer

Usercentrics cannot provide legal advice. That said, we can share our experience with this topic by stating that the Google Tag Manager can be categorized as Essential or Functional. It is especially important to note whether the Tag Manager is used to enforce the GDPR regulations or not. If, for example, if the Usercentrics CMP script is integrated via the GTM, you can consider it necessary to exercise the GDPR and thus classify it as Essential.

Question 6

How does Usercentrics ensure from a legal point of view that it can be used as software to obtain the Consent?

Accepted Answer

According to art. 6 (1) (c) GDPR, data processing is lawful if it is necessary to fulfill a legal obligation to which the controller is subject.

Question 7

How can Usercentrics be noted in the privacy policy?

Accepted Answer

You can use the description of Usercentrics from our Privacy Information Center. You can find it in the Admin Interface under "View Preview" / "Show Info Modal".

Question 8

How is user anonymity guaranteed?

Accepted Answer

To pseudonymize the User Consent ID, we use the Hash Procedure SHA-256. The User IP address is not stored at all. In this process, 2 blocks or 6 digits of the IP address (IPv4) are deleted. Additionally, some blocks of the IP address are encrypted in idle mode usingAES 256.

Question 9

Is implicit consent allowed by GDPR?

Accepted Answer

Implicit consent does not constitute a relevant  legal basis within the meaning of Art. 6 I 1 a DSGVO, as consent must be in the   form of a clear confirmatory act under Art. 4 No.11 DSGVO. With the ruling of the 01.10.19 (Az. C-673/17)  "opt-ins" are required.

Question 10

How does the Usercentrics CMP prepare me for ePrivacy?

Accepted Answer

The new ePrivacy regulation is expected come into force later into this year-2020. The ePrivacy regulation is designed to protect the security and confidentiality of electronic communications. The regulation is designed to protect the security and confidentiality of electronic communications. The ePrivacy Regulation refers to the definition of user Consent in the GDPR regulatory framework. For this reason, the requirements for the validity of consent gathered in the ePrivacy Regulation are the same as in the GDPR. One thing is clear: If you use the Consent Management Platform from Usercentrics, you are fully prepared for the ePrivacy regulation. The ePrivacy Regulation takes precedence over the GDPR on a number of points, including cookies. However, as of April of 2020, the content of the ePrivacy Regulation has not yet been fully defined. Usercentrics follows the latest legal developments to ensure that its CMP is up to date with all current regulatory requirements.

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