Google Analytics + other Activated by default

  • reca26

    (@reca26)


    5 years, 6 months ago

    @merijnmolenaar

    You wrote in another topic: “GDPR requires that consent checkboxes are unchecked(opt-out), so this is not possible.”

    As I’m also missing the option to activate Google analytics or maybe other functions by default, I would like to let you know, that many webdesign agencies and even lawyers are disagreeing that Google Analytics requires an opt-in per se. Especially if you use it without Universal analytics (without cross device tracking).

    As examples, here are some links with an explanation of webdesign & marketing agencies and lawyers. (All in German, but if you copy the links and paste it to the Google search, you should be able to open it with the Google Translation tool).

    1. https://www.mittwald.de/blog/online-marketing/dsgvo-konformes-web-tracking#Opt-In-statt-Opt-Out
    Exception for legitimate interest

    A way out of this misery offers a small, almost inconspicuous formulation in the GDPR – that of “legitimate interest” in Art. 6 para. 1 sentence 1 lit. (f) where processing of personal data is declared admissible if it is necessary to safeguard the legitimate interests of the controller or a third party ‘unless the interests or fundamental freedoms of the data subject requiring personal data protection prevail’ ,

    Whether consciously or unconsciously, the European legislator has thus created a way of avoiding the barely practicable solution to the consent requirement in online marketing – if there is a legitimate interest. In an online shop, there should be no doubt about this legitimate interest, after all, the setting of cookies is technically necessary for the shopping cart to work at all.

    Since every non-ideological or economic interest represents a legitimate interest, tracking by Google Analytics will continue to be allowed without explicit consent in the future, provided that it already complies with the law today. A prerequisite for the latter is, for example, also that every user of Google Analytics with the service has an order data processing (ADV) contract. However, the new version of the ADV contract, the so-called contract for order processing (AV), must be completed by 25 May 2018.

    2. https://drschwenke.de/google-analytics-datenschutz-muster-faq/
    The unified user ID allows Google users to track more effectively, especially on different devices. This so-called “cross-device tracking” is considered by many lawyers as the limit to an opt-in obligation. If you do not want to risk exceeding them, then you should not use Google Analytics as Universal Analytics with a User ID.

    3. https://www.webcellent.com/blog/eu-dsgvo-google-analytics-einsatz-nur-nach-opt-in-erlaubt/

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