Accountability acc. Art. 5 para. 2 GDPR

by Katrin Nebermann

In this way, you demonstrate lawful data processing as described in Art. 5 para. 2 GDPR requires

The General Data Protection Regulation (GDPR) requires that website operators “can demonstrate that the processing activities are in compliance with [der Datenschutzgrundverordnung] and that the measures are effective” (Recital 74 GDPR)

But how can this be achieved with software-as-a-service solutions for web analytics, tag management, marketing automation, etc.?

Relying solely on advertising claims by providers is unlikely to satisfy accountability obligations. Certification of the solution used in accordance with Art. 42 GDPR would be great, but the relevant procedures are not yet available from the supervisory authorities. Therefore, the best option at present is for the provider to have a non-accredited but independent and renowned certification such as the “ePrivacyseal EU” seal of approval.

The solutions from etracker – etracker Analytics, etracker Optimiser & Signalize – have just passed the comprehensive technical and legal audit for the third time – for the first time also under the new TTDSG. Conclusion of the experts: “In cookie-less mode (standard mode), the use of etracker Analytics is lawful in accordance with the GDPR and TTDSG without any consent requirement.”