Use consent freedom for a maximum data base
In standard mode, the use of etracker Analytics does not require the prior consent of the user: data processing can be legally based on legitimate interest according to Art. 6 (1) lit. f GDPR. The TTDSG is also taken into account by the cookie-less standard mode.
The use of etracker Analytics can be legitimised by consent, too. However, consent, which is also possible, is not “better” or more data protection-friendly than processing on the basis of legitimate interests. This has been clarified by the Administrative Court of Mainz (Ruling from 20.02.2020 – 1 K 467/19.MZ):
“Finally, the permissibility elements contained in Art. 6 (1) of the GDPR are equivalent in terms of their legal function and apply alongside each other, without it being necessary to assume a step-by-step relationship”.
(Translated by the author)
Documentation for the recommended integration of etracker Analytics with Consent Management solutions can be found here. A template for the balancing of interests is available here.