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Plausible Analytics Isn't GDPR Compliant

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Re: Plausible Analytics Isn't GDPR Compliant

#2
I've been looking into GDPR and when a cookie consent is needed. In fact, there's no thing called "cookie consent". If you track a user, you have to get his consent before doing it, whether you use cookie consent or now. Ever since I joined HN, there's a lot of marketing going on here from privacy-first Google analytics alternative guys. I found this review showing Plausible and similar products using browser fingerprints and CName cloacking for user tracking, and they still promote those features.

I'd like to know your opinion on this. Do I still need to use a consent banner if I use these services?

Thanks.

Re: Plausible Analytics Isn't GDPR Compliant

#3
post #2

I've been looking into GDPR and when a cookie consent is needed. In fact, there's no thing called "cookie consent". If you track a user, you have to get his consent before doing it, whether you use cookie consent or now. Ever since I joined HN, there's a lot of marketing going on here from privacy-first Google analytics alternative guys. I found this review showing Plausible and similar products using browser fingerp…

If you're tracking a user in the EU, you need consent. The GDPR doesn't cover the 'how' -- just that it needs to be done. So, if there's tracking of any kind, you'll need consent.

Applies off site as well -- pretty much every cold email tracking software, like Yesware, is in violation of GDPR, since you didn't get the recipient's consent to track their opens and clicks.

Re: Plausible Analytics Isn't GDPR Compliant

#4
post #2

I've been looking into GDPR and when a cookie consent is needed. In fact, there's no thing called "cookie consent". If you track a user, you have to get his consent before doing it, whether you use cookie consent or now. Ever since I joined HN, there's a lot of marketing going on here from privacy-first Google analytics alternative guys. I found this review showing Plausible and similar products using browser fingerp…

> If you track a user, you have to get his consent before doing it

This would mean any server-side analytics (looking at access logs, which include IP address and user-agent) cannot be used for analytics or tracking, since there is no way for a user to give/deny consent to a page that already has logged information on them.

Re: Plausible Analytics Isn't GDPR Compliant

#6
post #4
post #2

I've been looking into GDPR and when a cookie consent is needed. In fact, there's no thing called "cookie consent". If you track a user, you have to get his consent before doing it, whether you use cookie consent or now. Ever since I joined HN, there's a lot of marketing going on here from privacy-first Google analytics alternative guys. I found this review showing Plausible and similar products using browser fingerp…

> If you track a user, you have to get his consent before doing it This would mean any server-side analytics (looking at access logs, which include IP address and user-agent) cannot be used for analytics or tracking, since there is no way for a user to give/deny consent to a page that already has logged information on them.

[deleted]

Re: Plausible Analytics Isn't GDPR Compliant

#7
post #4
post #2

I've been looking into GDPR and when a cookie consent is needed. In fact, there's no thing called "cookie consent". If you track a user, you have to get his consent before doing it, whether you use cookie consent or now. Ever since I joined HN, there's a lot of marketing going on here from privacy-first Google analytics alternative guys. I found this review showing Plausible and similar products using browser fingerp…

> If you track a user, you have to get his consent before doing it This would mean any server-side analytics (looking at access logs, which include IP address and user-agent) cannot be used for analytics or tracking, since there is no way for a user to give/deny consent to a page that already has logged information on them.

If you're tracking an amorphous profile, how do you match the right person to the right data? Do you have to match the data to a unique person?

Re: Plausible Analytics Isn't GDPR Compliant

#8
post #4
post #2

I've been looking into GDPR and when a cookie consent is needed. In fact, there's no thing called "cookie consent". If you track a user, you have to get his consent before doing it, whether you use cookie consent or now. Ever since I joined HN, there's a lot of marketing going on here from privacy-first Google analytics alternative guys. I found this review showing Plausible and similar products using browser fingerp…

> If you track a user, you have to get his consent before doing it This would mean any server-side analytics (looking at access logs, which include IP address and user-agent) cannot be used for analytics or tracking, since there is no way for a user to give/deny consent to a page that already has logged information on them.

You obtain consent and then you log only if consent was provided. You can essentially use two logs, one for technical purposes (under legitimate interests you should be fine logging as long as those logs are only used for technical/debugging/abuse prevention purposes and the data is not kept for longer than necessary) and one for marketing/analytics purposes. You only log to the second one if consent has been given, and you only ever do your analytics on that second log and not the first one.

Re: Plausible Analytics Isn't GDPR Compliant

#9
post #2

I've been looking into GDPR and when a cookie consent is needed. In fact, there's no thing called "cookie consent". If you track a user, you have to get his consent before doing it, whether you use cookie consent or now. Ever since I joined HN, there's a lot of marketing going on here from privacy-first Google analytics alternative guys. I found this review showing Plausible and similar products using browser fingerp…

I don't have the answer, but the consent banners are interesting.

I have two browser plugins: "I don't care about cookies" and "Never Consent", I'm not sure what Never Consent doesn't technically, but the other one just hides the DOM element with the cookie thingy.

That means that I never see the "consent" banners so I can't click the "Okay" buttons. I should test to see how many sites just assumes OK to cookies because I didn't click "No".

On a positive note I do see more an more sites making it just as easy to say no to tracking as saying yes. Though sites are better at remembering a yes to tracking, compared to a no.

Re: Plausible Analytics Isn't GDPR Compliant

#10
post #3
post #2

I've been looking into GDPR and when a cookie consent is needed. In fact, there's no thing called "cookie consent". If you track a user, you have to get his consent before doing it, whether you use cookie consent or now. Ever since I joined HN, there's a lot of marketing going on here from privacy-first Google analytics alternative guys. I found this review showing Plausible and similar products using browser fingerp…

If you're tracking a user in the EU, you need consent. The GDPR doesn't cover the 'how' -- just that it needs to be done. So, if there's tracking of any kind, you'll need consent. Applies off site as well -- pretty much every cold email tracking software, like Yesware, is in violation of GDPR, since you didn't get the recipient's consent to track their opens and clicks.

Consent is one of the legal bases for processing personally identifiable information[1]. There are five more, among which "legitimate interest" can cover a variety of cases.

[1] https://ico.org.uk/for-organisations/guide-to-data-protectio...

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