YouTube’s ad blocker crackdown could be illegal in the EU.

The platform has been using JavaScript code to detect ad-blocking extensions without asking users for consent first, claims privacy expert, Alexander Hanff – who has filed an official complaint with the Irish Data Protection Commission (DPC)

The alleged act could mean YouTube is violating EU privacy laws – however, Google is denying the charge.

What Hanff is saying. Hanff told the Verge:

• “AdBlock detection scripts are spyware — there is no other way to describe them and as such it is not acceptable to deploy them without consent.”
• “I consider any deployment of technology which can be used to spy on my devices is both unethical and illegal in most situations.”

Why we care. If YouTube is found to be in violation of EU privacy laws, users will be able to continue blocking ads, which could have a significant impact on reach for advertisers. However, it’s important to consider that users who have no interest in watching your ad may be of low value to your campaign as they are less likely to convert into customers.

Breaking laws. Hanff claims that YouTube is violating Article 5.3 of the ePrivacy Directive, which states that websites must ask for consent before storing or accessing a user’s information on a device, including:

• The cookies you intend to use.
• The purposes for which you intend to use them;
• Any third parties who may also process information stored in or accessed from the user’s device; and
• The duration of any cookies you wish to set.

Hanff claims that YouTube is also breaching the Universal Declaration of Human Rights.

Next steps. The Irish DPC has reportedly already acknowledged Hanff’s complaint and has since exchanged “a number of emails” with him. Hanff has said that he wants YouTube to be banned from using ad blocking detection tools.

YouTube Premium. YouTube users currently have the option to pay $13.99 a month for an ad-free subscription, alternatively, they can watch videos for free but with the inclusion of ads. Permitting ad-blocking technology on the platform is likely to impact YouTube Premium sign-ups.

Detecting ad blockers. A website knows if you’re using an ad blocker when it can’t access its ad-server resources or if the content it’s trying to download is rejected or hidden. Alternatively, some sites use a small piece of JavaScript code to check if it can trigger an ad blocker and reach the browser.

What YouTube is saying. A YouTube spokesperson told Search Engine Land:

• “The use of ad blockers violate YouTube’s Terms of Service. We’ve launched a global effort to urge viewers with ad blockers enabled to allow ads on YouTube or try YouTube Premium for an ad free experience.” 
• “Ads support a diverse ecosystem of creators globally and allow billions to access their favorite content on YouTube. We will of course cooperate fully with any questions or queries from the DPC.”
• “YouTube’s ad blocking detection does not access information stored in the device but rather identifies whether ads have been served but not played.”
• “YouTube’s ad-supported model supports a diverse ecosystem of creators and provides billions of people globally with access to content for free with ads. YouTube creators receive the majority of ad revenue for long form videos on YouTube.”

Deep dive. Read our report on YouTube’s intensifying crackdown on ad blockers for more information.