Disclaimer: This article isn't written by a lawyer and doesn't constitute legal advice. If in doubt, please consult a lawyer familiar with the EU regulations and GDPR.
GDPR Compliance: What You Need To Know When Using Tracking or Analytics Software
What is GDPR?
GDPR or General Data Protection Regulation is the EU's data protection regulation that governs how businesses handle their customers' data. It gives customers more transparency and control over the data collected, and how it is used by businesses they interact with.
This regulation isn't just mandated for EU-based entities, but virtually every business dealing with customers within the European Union. In other words, if you have a business delivering services or goods within the EU, your business, and website, need to be GDPR compliant.
This article focuses on the cookie policy compliance part of the GDPR requirements.
When do I need to take additional measures for my website to be compliant?
GDPR states that all cookies - even pseudonymous ones - can be considered as personal data if there is any potential to use them to single out or identify an individual.
In other words, if you are using any sort of tracking code e.g. for Analytics, on your website then you need to take additional measures to acquire your customers' consent before adding this code to your website to ensure its GDPR compliance.
Funnelll, Google Analytics, Facebook Pixel, and similar tracking software aren't GDPR compliant out of the box. You need to use a cookie consent management solution, such as Axeptio in order to collect customer consent before adding their code on your website.
Which data can be safely stored in cookies without having to request consent?
Not all cookies require customer consent. You don't need consent for:
Technical cookies that are solely necessary for the provision of the service e.g. preference cookies, session cookies, load balancing, etc.
Statistical cookies managed directly by you (not-third parties), provided that the data is not used for profiling.
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