CNIL confirms: etracker Analytics consent-free even with cookies

In alignment with the French data protection authority, the Commission nationale de l’informatique et des libertés (CNIL), we have created a new data protection setting. This meets all requirements for exemption from the consent requirement for the use of cookies in accordance with the French supervisory authority. The CNIL exemption provides that in the case of purely aggregated web analytics for the purpose of reach measurement and website optimisation, statistical cookies are considered essential and therefore do not require consent.

How to use cookies without consent

With etracker Analytics, the necessary settings can be implemented very easily. There is a new item for this in the account settings:

Clicking the button „activation of non-aggregated reporting“ deactivates the display of entries in the report “Last Visitors” as well as individual order numbers as an attribute within the reporting.

Under the exception, the standard cookie blocking function can be removed and customer journeys can be recorded for all users. Thus, the data basis for statements on how many “unique” visitors have visited the website in a certain period of time and how often visitors return on average is very reliable.

Only for France?

In France, website operators using etracker Analytics can benefit from the legally compliant exemption from the consent requirement. In Germany, the Broadcasting Data Protection Conference has also declared statistical cookies to be consent-free under certain conditions: “Recommendations on the use of cookies in online offerings of broadcasting organisations”. A uniform position of the supervisory authorities in Germany and at European level does not yet exist. In this respect, the use of the exception in EU countries other than France is associated with increased legal risks compared to the consent-free cookie option when using etracker Analytics.

Advantage of choice

In total, website operators can choose between four consent options when using etracker Analytics. Particularly important: three options enable consent-independent tracking and thus ensure a sufficient database for the control of marketing measures.

Our experts are happy to advise on the technical selection of the optimal consent option and, if requested, will put you in touch with legal advisors. The Customer Service Team supports the implementation of the selected option (see also our instructions for the different consent management platforms).

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