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> As long as analytics don't produce any personal data of an individual and only aggregate data or even anonymized data, it should be perfectly fine to do witho
by merijnv 8y ago
> As long as analytics don't produce any personal data of an individual and only aggregate data or even anonymized data, it should be perfectly fine to do without any banner.
Even if they did produce personal data, they very likely wouldn't need a banner. For processing personal data you merely need a lawful basis and documented processes, and asking consent is (intentionally) the least attractive lawful basis for using personal data. Consider for example the "legitimate interest" lawful basis:
> processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child.
If you're using analytics to, say, optimise accessibility/usability of the site, then it should be fairly straight forward that the legitimate interest of both you and user (of improving the site) outweighs the "privacy harm" of processing that personal data. (Of course, using it for anything else will land you in hot water if you argue this).
Even a 3rd party data processor like Google Analytics would be fine, if they're 1) GDPR compliant and 2) you have a data processing agreement with the provider.
90% of websites who don't do shady things with your personal data should never require any banner or opt-in prompt. The fact that most of the web now does is incompetence, ignorance, intentional annoyance to provoke legislation change, or a mix of these.
- jeltz 8y agoI think a decent portion is also because they actually do shady shit.