Issues around tracking website visitors without consent are increasing, or so it seems from the growing library of articles and videos on the subject. My new suggestion is to set up an opt-in cookie consent banner on your website.
Should every business do this? I think so.
But that’s a legal question, not a technical question. If you want to assess your legal situation, consult those who keep up with the laws–legislative, administrative, and case law. That usually means an attorney in a relevant practice area.
Online you’ll find lots of attorneys who warn about the increase in “demand letters” and lawsuits. You’ll also find lots of services that manage consent on websites and claim to reduce the risk of non-compliance. In recent months, I’ve received more questions about the issue.
So it appears that it’s a real and growing issue.
Also, Scare Tactics
I’ve also seen the typical bullslop that comes with any new technology, buzzword, or law: scare tactics to sell services. One scare mail a client received was from a dissolved corporation at an address that seemed to be a different company. So screen any solicitations you receive.
Evolving Website Tracking Consent Laws – State, Federal, International
Many states and countries have laws that might apply to you because websites reach people globally. It makes sense that a variety of laws might apply.
That’s about all I want to say about the legal stuff. You know the line: I’m not an attorney. Research your legal situation (see the link below), and consider consulting an attorney.
Beyond the legal stuff, I know a few things you can do about it.
What To Do
Here are a few things you can do.
- Research laws that apply to you.
- Here’s a link to a relevant Google search: state of website tracking privacy laws in my jurisdiction
- If you need a thorough assessment by an expert, consult an attorney in a relevant practice area.
- Review cookies and trackers set on your site. Typical trackers include:
- Google Analytics
- HubSpot
- Facebook Pixel
- Promotion and ad trackers
- Server logs
Server logs are kept outside of WordPress and similar website systems. Logs have always been collected behind the scenes by every hosting service I’ve used. Maybe they are not an issue in privacy regulations, but they often keep the IP address of users. - Here’s a video on how to find the cookies/trackers set by your site.
- Disable those cookies and trackers you don’t need or use.
- How to do this depends on how your site is built. Consult documentation or ask your webmaster.
- Implement a consent banner for trackers you continue to use.
- A good consent banner has users explicitly opt in. The default should be no tracking until a person opts in.
- How to do this depends on how your site is built. Consult documentation or ask your webmaster.
- Visitor statistics and similar metrics will become skewed, but that’s expected when people can opt out of tracking.
Conclusion
Website privacy laws are not new, but they have a higher profile these days. Lawsuits and other legal actions might be trending up. Implementing an opt-in banner on your website is a semi-easy action that might reduce your legal risks.
