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Under certain conditions, you can configure web statistics in a privacy-friendly manner so that consent is not required for those analytical cookies. Specifically for Google Analytics, there are additional complications, including those regarding data transfer. Therefore, configure your analysis carefully or choose a privacy-friendly alternative.
Analytical cookies and consent
For analytical cookies that barely affect privacy, you do not need to ask for consent under certain conditions. The Dutch Data Protection Authority has provided guidelines for this: you must configure the analysis in such a way that the impact on privacy is minimal.
The conditions for privacy-friendly statistics
Important measures include: concluding a data processing agreement with the provider, masking the last part of the IP address, not sharing data with the provider or third parties for your own purposes, and disabling unnecessary tracking functions. Only if you apply all these settings correctly can analysis without consent be justified.
The complication with Google Analytics
With Google Analytics, an additional issue arises: the transfer of data, including to the United States. There has been much debate regarding this, and consequently, the legal viability of using it without consent is not always certain. Assess on a case-by-case basis whether your configuration complies, or consider a privacy-friendly alternative.
Make sure the rest is correct
Even with privacy-friendly statistics, a correct cookie banner and privacy statement remain necessary, and you must be transparent about what you measure. Have your configuration checked to ensure you stay within the rules.
Frequently Asked Questions
Am I allowed to track web statistics without permission?
Under strict conditions for privacy-friendly analytical cookies, yes. If you do not apply all of them, you need permission.
Does this also apply to Google Analytics?
Additional complications apply here, including those related to data transfer. Carefully assess your configuration or choose a privacy-friendly alternative.
Do I still need a cookie banner?
For other (tracking) cookies, yes. And a proper privacy statement is always required.
Setting up your web analytics in a privacy-compliant way?
Our legal experts review your analytics settings and draft your privacy statement and data processing agreement . View our privacyteam or schedule a free consultation.