Hacker News new | ask | show | jobs
by adulion 818 days ago
can you build a website nowadays with analytics without using cookies? or violating GDPR?
6 comments

Yes you can. See for example https://plausible.io/, which does analytics without using cookies, and without collecting any personal data.
In my understanding, the most important part is to not share user information with third parties. IIUC, Google can use Google analytics data to join your behavior from multiple sites and then use that to serve targeted ads.

The next level is to not store PII unless there's a specific reason in the user's interest (improving site quality doesn't count, logging in does). Therefore, you can see how many people visited a page, aggregates of device types etc. Just not anything that identifies an individual.

Of course you can. What is it you want to do that you think you can't do?
You can use something like Plausible Analytics which does not use cookies.
Best way is to self-host your analytics, the main thing about GDPR is not sending your data to third parties or using it for marketing/targeting purposes.

By not sending the data to third-parties, you already comply to most of the GDPR policies.

Certainly one aspect of GDPR is about how you share data with third-parties. But self-hosted analytics are still subject to GDPR and/or ePrivacy restrictions if you process full (unredacted) IP addresses, any user-identifying tokens, or anything else deemed as PII (Personally Identifiable Information) for purposes such as analytics without seeking user consent.
That's true, but the "analytics" purpose is ambiguous. It could be for security most servers already have access logs by default, that stores IP addresses anyway, and it's often used for DDOS protection for example or fail2ban login attempts.
The ambiguity of this legislation is one of the biggest problems with it.

This ambiguity leads to companies implementing cookie warning popups based on a risk-averse interpretation of the law

You can track the number of visits without using cookies, but its practically impossible to track the number of unique visitors without using cookies.

The number of unique visitors is a very useful metric (both in itself, and combined with the number of visits).

The EU has made it impossible to track this simple and harmless metric without inconveniencing all users with awful UX.

Under the GDPR / ePrivacy Directive, ANY user-based unique identifer used for advertising, analytics and tracking will trigger the need for consent.

---

General Data Protection Regulation (GDPR)

Article 4(1) defines personal data as "any information relating to an identified or identifiable natural person ('data subject'); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person."

Article 6(1) outlines the lawfulness of processing and states that processing is only lawful if and to the extent that at least one of the following applies: "the data subject has given consent to the processing of his or her personal data for one or more specific purposes."

---

ePrivacy Directive (Directive 2002/58/EC)

Article 5(3) requires prior informed consent for the storage of or access to information stored on a user's device: "Member States shall ensure that the storing of information, or the gaining of access to information already stored, in the terminal equipment of a subscriber or user is only allowed on condition that the subscriber or user concerned has given his or her consent, having been provided with clear and comprehensive information, in accordance with Directive 95/46/EC, inter alia, about the purposes of the processing. This shall not prevent any technical storage or access for the sole purpose of carrying out the transmission of a communication over an electronic communications network, or as strictly necessary in order for the provider of an information society service explicitly requested by the subscriber or user to provide the service."