Consent freedom for a maximum database

von Katrin Nebermann

Use the freedom of content for a maximum database.

By default, the use of etracker analytics does not require the user’s prior consent: data processing can be based on the legitimate interest pursuant to Art. 6 para. 1 lit. f GDPR are supported. The TTDSG is taken into account by the cookie-less standard mode.

The use of etracker analytics can also be legitimized by consent. However, consent, which is also possible, is not “better” or more data protection-friendly than processing on the basis of legitimate interests. This was clarified by the Administrative Court of Mainz (judgment of 20.02.2020 – 1 K 467/19.MZ):

“Finally, the admissibility criteria contained in Art. 6 (1) GDPR are equivalent in terms of their legal function and apply alongside each other without the need to assume a tiered relationship.”

Documentation for the recommended integration of etracker analytics with consent management solutions can be found here. We have provided a template for the balancing of interests here.