I'm an academic researcher looking into how gambling websites comply with GDPR. While using browser developer tools, I've observed that many sites trigger a `collect` request to Google Analytics before users interact with cookie consent banners. This includes sending identifiers like `cid`, page title, screen size, and other data right when the site loads. I'm trying to find out if this behavior is considered a breach of GDPR or the ePrivacy Directive. Specifically, I want clarity on the following questions:
1. Does just firing a `collect` request to Google Analytics before receiving consent count as a violation?
2. Can website operators defend this action by claiming "legitimate interest," even if it's for analytics?
3. Does the fact that Google might not use the data for advertising change anything about compliance?
I aim to ensure that my findings are accurate and fair for a peer-reviewed publication. It's crucial I understand if identifying such traffic is enough to claim non-compliance.
5 Answers
Right, but remember, you need to keep an eye on updates regarding data handling policies from authorities. The landscape can shift quite a bit—like how the EU scrapped the ‘privacy shield’ recently. Websites sometimes load the analytics in a way that tries to get around consent issues, so just be cautious regarding how that’s configured.
To be blunt, nobody is entirely sure, but the smaller companies probably won’t face much scrutiny. It seems like the bigger corporations are more at risk of being targeted for violations. The difference in enforcement can seem somewhat arbitrary.
It's a tricky situation. Many believe it is a clear breach according to GDPR wording, but enforcement can be inconsistent. There might not be a major push to go after smaller violations unless they can make an example out of someone. It’s crucial to stay updated on any legal developments, though, since this is an evolving area.
Honestly, it’s kind of a gray area right now. Different jurisdictions might interpret GDPR differently, and it really comes down to how Google Analytics is set up on the site. When it’s ambiguously defined, it can lead to different interpretations based on case outcomes.
Generally, it sounds like triggering a request to Google Analytics before consent is indeed a GDPR breach. GDPR clearly stresses the need for consent before processing personal data, and running these analytics requests immediately could put you on shaky ground. It seems unlikely any legal excuse would hold up unless there’s a specific contract or obligation that justifies it, but that’s rare for analytics processes.
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