jussivee
Joined 4 years ago
Joined 4 years ago
The other thing, GDPR is not about cookies. The ePrivacy Directive regulates the use of cookies, but it's not about cookies either. Article 5.3. in the ePrivacy Directive says:
"Member States shall ensure that the storing of information, or the gaining of access to information already stored, in the terminal equipment of a subscriber or user is only allowed on condition that the subscriber or user concerned has given his or her consent, ..."
So whatever technology you use, you need consent to use web analytics tools. At least at the moment. A draft online suggests there might be a consent exception for audience measurement if the technology used complies with GDPR - again, this has nothing to do with cookies. The point is that the personal information collected, stored, and processed does not violate GDPR.
Another thing is that all the "GA is illegal" cases have nothing to do with cookies. It's about data transfers between the EU and the US and how Google handles the data. GDPR came into force in 2018, and we will see many more legal privacy cases in the future regarding the ePrivacy Directive. The bulletproof solution at the moment for any web analytics product is to ask for consent in the EU.
I've had talks with EU-based privacy gurus; some think everything is clear, and companies are mean just and reluctant to comply. But most of us agree that the messaging is done very poorly - what to do, how to comply etc.
And yes, giant consent banners break the UX. But at the same time, it's important to remember this data privacy regulation stuff is not about companies. It's about the users. And companies who build tracking tools shouldn't be motivated by the idea, "how can we ignore user consent?".
"Member States shall ensure that the storing of information, or the gaining of access to information already stored, in the terminal equipment of a subscriber or user is only allowed on condition that the subscriber or user concerned has given his or her consent, ... "
So even Fathom, and other analytics tools that use browser fingerprinting or similar methods require consent.
And also, the whole no cookie, no consent -mantra does not respect user privacy. In some ways, browser fingerprinting is even worse because that's much harder for an average user to block than cookies.
This is a big issue. Everybody talks about cookies while there are still other ways to track people.
So yeah, GA has two big problems: information overflow and privacy.
What’s interesting, though, is that most analytics tools still violate European privacy laws. The GDPR is straightforward: if you collect or process personal data, you need user consent. So, if your tracker is anonymous, that should be fine.
But, the ePrivacy Directive also applies to web analytics software. Article 5.3. states: "Member States shall ensure that the storing of information, or the gaining of access to information already stored, in the terminal equipment of a subscriber or user is only allowed on condition that the subscriber or user concerned has given his or her consent…"
In other words, every analytics tool needs user consent. More about that topic here: https://volument.com/comply-with-data-privacy-laws
For context: https://techcrunch.com/2022/03/04/noyb-second-cookie-complai...
They also use deceptive design and make it too hard for a website visitor to understand what's going on under the hood.
Covid lockdowns forced businesses to rethink their operational models. For some remote work etc. turned out to be profitable opportunities - you could do the same with less infrastructure.
On another note, their CEO said "There are exciting days ahead for OneTrust as we transform into the Trust Intelligence Platform company." That sounds pretty wtf. Like someone just put some fancy words in line.