I'm researching GDPR compliance specifically for gambling websites and noticed something concerning while using browser developer tools. I've seen instances where a `collect` request is made to `www.google-analytics.com` immediately when a site loads, before users even interact with the consent banner. These requests typically contain identifiers like `cid`, page title, screen size, and language settings. I'm trying to figure out if triggering Google Analytics tracking before obtaining consent counts as a breach of GDPR and/or the ePrivacy Directive. I've read about NOYB's legal actions and some decisions from different Data Protection Authorities (DPAs) such as in Austria and France, but I'd love some clarity on how this situation is viewed overall under current regulations. Specifically, I'm curious: 1) Does sending a `collect` request before user opt-in automatically violate GDPR/ePrivacy laws? 2) Can website operators claim they have a 'legitimate interest' in processing this data even if it's for analytics? 3) If Google isn't using the data for advertising, does that impact compliance? I want to ensure that my findings are rigorous for a peer-reviewed publication, so understanding whether this kind of data traffic indicates non-compliance is crucial.
5 Answers
Most likely, triggering Google Analytics without consent is a violation according to GDPR text, though enforcement on such issues seems to be lax. Generally, you need user permission before operating with their personal data, which includes analytics data.
It really depends on various factors. For legal clarity, I wouldn't rely solely on Reddit discussions. It's a complex area that involves understanding court rulings and specific legal interpretations in different jurisdictions.
If I remember right, some sites handle this by loading the script in a way that it doesn't execute until consent is granted. They often start it as `text/plain` and switch it to `application/javascript` upon user approval.
Honestly, nobody really knows for sure. It seems like unless you're a major corporation, there's not much enforcement happening here. Some might say these cases seem exaggerated and often lack consistent enforcement.
I'm not a lawyer, but it's true that opinions vary widely on this. How you've configured Google Analytics can make a difference. Plus, keep in mind that regulatory bodies can change their stances quickly based on political climate.
That's a fair point! Keeping up with changes is important in this field.