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• Why Matomo is the top Google Analytics alternative

  17 juin, par Joe

  You probably made the switch to Google Analytics 4 (GA4) when Google stopped collecting Universal Analytics (UA) data in July 2023. Up to that point, UA had long been the default analytics platform, despite its many limitations. 

  This was mostly because everyone loved its free nature and simple setup. A Google account was all you needed — even a free legacy G-Suite account worked perfectly. Looking at the analytics for just about any website was easy.

  That all changed with GA4, which addressed many of UA’s shortcomings by introducing a completely new way to model website data. Unfortunately, this also meant you couldn’t transfer historical data from UA into GA4, leading to more criticism. 

  Then there’s the added cost. GA4 is still free, but its limited functionality encourages you to upgrade to the enterprise version, Google Analytics 360 (GA360). Sure, you get lots of great functionality, less data sampling, and longer data retention periods, but it comes at a hefty price — $50,000 per year, to be exact.

  There are other options, though, and Matomo Analytics is one of the best. It’s an open-source, privacy-centric platform that offers advanced features of GA360 and more. 

  In this article, we’ll compare GA4, GA360, and Matomo and give you what you need to make an informed decision.

  Google Analytics 4 in a nutshell

  Google Analytics 4 is a great tool to use to start learning about web analytics. But soon enough, you’ll likely find that GA4 doesn’t quite cover all of your needs. 

  For example, it can’t provide a detailed view of user experiences, and Google doesn’t offer dedicated support or onboarding. There are other shortcomings, too.

  Data sampling

  Google only processes a selected sample of website activity rather than every individual data point. Rather than looking at the whole picture, it sets a threshold and selects a [hopefully] representative sample for analysis. 

  This inevitably creates gaps in data. Google attempts to fill them in using AI and machine learning, inferring the rest from data patterns. Since the results rely on assumptions and estimates, they aren’t always precise.

  In practical terms, this means that the accuracy of GA4 analysis will likely decline as website traffic increases.

  

  (Image source)

  Data collection limits

  GA4’s 25 million monthly events limit seems like a lot, but they add up quickly. 

  All user interactions are recorded as events, including :

  • Session start : User visits the site.
  • Page view : User loads a page (tracked automatically).
  • First visit : User accesses the site for the first time.
  • User engagement : User stays on a page for a set time period.
  • Scroll : User scrolls past 90% of the page (enhanced measurement).
  • Click : User clicks on any element (links, buttons, etc.).
  • Video start/complete : User starts or completes a video (enhanced measurement).
  • File download : User downloads a file (enhanced measurement).

  For context, consider a website averaging 50 events per session per user. If every user logs on every third day, on average, you’ll need 10,000 individual visitors a month to reach that 25 million. But that’s not the problem. 

  The problem is that collection limits in GA4 affect your ability to capture, secure, and analyse customer data effectively.

  Customisation

  GA4 users also face configuration limits that restrict their customisation options. For example : 

  • Audience limits : Since only 100 audiences are allowed, it’s necessary to combine or optimise segments rather than track too many small groups. 
  • Retention limits : Data retention is limited to only 14 months, so external storage solutions may be necessary in situations where historical data needs to be preserved.
  • Conversion events : GA4 will only track up to 30 conversion events, so it’s best to focus on high-value interactions (e.g., purchases and lead form submissions). 
  • Event-scoped dimensions : Since e-commerce operations are limited to 50 event-scoped dimensions, they need to carefully consider custom dimensions and key metrics. This makes it important to be selective about which product details to track (color, size, discount code, etc.).

  Data privacy

  GA4 isn’t GDPR-compliant out of the box. In fact, Google Analytics 4 is banned in seven EU countries because they believe the way it collects and transfers data violates GDPR.

  Data privacy regulations may or may not be a big concern, depending on where your customers are. However, if some are in the UK or any of the 30 countries that make up the European Economic Area (EEA), you must comply with the General Data Protection Regulation (GDPR). 

  It tells your customers that you don’t respect their data if you don’t. It can also get very expensive.

  Limited attribution models

  Attribution models track how different marketing touchpoints lead to a conversion (such as a purchase, sign-up, or lead generation). They help businesses understand which marketing channels and strategies are most effective in driving results.

  GA4 supports only two of the six standard attribution models previously supported in Universal Analytics. Organisations wanting data-driven or last-click attribution models will find them in Google Analytics. But they’ll need to look elsewhere if they’re going to use any of these models :

  • First click attribution
  • Linear attribution
  • Time decay attribution
  • Position-based attribution (u-shaped)

  GA360 isn’t a solution either

  Fundamentally, GA360 is the same product as GA4, without the above limits and restrictions. For companies that pay $50,000 (or more) each year, the only changes involve how much data is collected, how long it stays and data sampling thresholds.

  Above all, the GDPR-compliance issue remains. That can be a real problem for organisations with operations that collect personal data in the EEA or the UK.

  And the problem could soon be much bigger than just those 31 countries. Many countries currently implementing data privacy laws are modelling their efforts on GDPR, which may rule out both GA4 and GA360.

  

  What makes Matomo the top alternative ?

  No data limits

  One way to overcome all these challenges is to switch to Matomo Analytics. 

  There’s no data sampling and no data collection limits whatsoever with on-premise implementation. Matomo also supports all six attribution models, is open source and fully customisable and complies with GDPR out of the box. 

  Imagine trying to change your business strategy or marketing campaigns if you’re not confident that your data is reliable and accurate.

  It’s no secret that data sampling can negatively affect the accuracy of the data, and inaccurate data can lead to poor decision-making.
  

  With Matomo, there are no limits. We don’t restrict the size of containers within the Tag Manager nor the number of containers or tags within each container. You have more control over your customers’ data. 

  And you get to make your decisions based on all that data. That’s important because data quality is critical for high-impact decisions. 

  Open source

  Open-source software allows anyone to inspect, audit, and improve the source code for security and efficiency. That means no hidden data collection, faster bug fixes, and no vendor lock-in. As a bonus, these things make complying with data privacy laws and regulations easier.

  Matomo can also be modified in any way, which provides unlimited customisation possibilities. There’s also a very active developer community around Matomo, so you don’t have to make changes yourself — you can hire someone who has the technical knowledge and expertise. They can : 

  • Modify tracking scripts for advanced analytics
  • Create custom attribution models, tracking methods and dashboards
  • Integrate Matomo with any system (CRM, eCommerce, CMS, etc.)

  Data ownership

  Matomo’s open-source nature also means full data ownership. No third parties can access the data, and there’s no risk of Google using that data for ads or AI training. Furthermore, Matomo follows privacy-first tracking principles, meaning that there’s :

  • No third-party data sharing
  • Full user consent control
  • Support for cookie-less tracking
  • IP Anonymisation, by default
  • Do Not Track (DNT) support

  All of that underlines the fact that Matomo collects, stores, and tracks data 100% ethically.

  On-premise and cloud-based options

  You can use the Matomo On-Premise web analytics solution if local data privacy laws require that you store data locally. Here’s a helpful tip : many of them do. However, this might not be necessary. 

  Due to GDPR, several countries recognise the EEA as an acceptable storage location for their citizens’ data. That means servers hosted in any of those 30 countries are already compliant in terms of data location. 

  Alternatively, you could embrace modernity and choose Matomo Cloud — our servers are also in Europe. While GA4 and GA360 are cloud-based, Google’s servers are in the US, and that’s a big problem for GDPR.

  

  Comprehensive analytics

  If you need a sophisticated web analytics platform that offers full control of your data and you have privacy concerns, Matomo is a solid choice. 

  It has built-in behavioural analytics features like Heatmaps, Scroll Depth and Session Recording. These tools allow you to collect and analyse data without relying on cookies or resorting to data sampling.

  Those standout features can’t be found in GA4 or GA360. Google also doesn’t offer an on-premise solution.

  The one area where Matomo can’t compete with Google Analytics is in its tight integration with the Google ecosystem : Google Ads, Gemini and Firebase. 

  Key things to consider before switching to Matomo

  There are pros and cons to switching from GA4 (or even GA360) to Matomo. That’s because no software is perfect. There are always tradeoffs somewhere. With Matomo, there are a few things to consider before switching :

  • Learning curve. Matomo is a full-featured analytics platform with many advanced features (session replay, custom event tracking, etc.). That can overwhelm new users and take time to understand well enough to maximise the benefits.
  • Technical resources. Choosing a Matomo On-Premise solution requires technical resources, such as a server and skills.
  • Third-party integration. Matomo provides pre-built integration tools for about a hundred platforms. However, it’s open source, so technical resources are required. On the plus side, it does make it possible to add to the list of APIs and connectors.

  Head-to-head : GA4 vs GA360 vs Matomo

  It’s always helpful to look at how different products stack up in terms of features and capabilities :

  	GA4	GA360	Matomo
  Data ownership			✔
  Event-based data	✔	✔	✔
  Session-based data			✔
  Unsampled data			✔
  Real-time data	✔	✔	✔
  Heatmaps			✔
  Session recordings			✔
  A/B testing			✔
  Open source			✔
  On-premise hosting			✔
  Data privacy	Subject to Google’s data policies	Subject to Google’s data policies	GDPR, CCPA compliant ; full control over data storage
  Custom dimensions	Yes (limited in free version)	Yes (higher limits)	Yes (unlimited in self-hosted)
  Attribution models	Last click, data-driven	Last click, data-driven, advanced Google Ads integration	Last click, first click, linear, time decay, position-based, custom
  Data retention	Up to 14 months (free)	Up to 50 months	Unlimited (self-hosted)
  Integrations	Google Ads, Search Console, BigQuery (limited in free version)	Advanced integrations (Google Ads, BigQuery, Salesforce, etc.)	100+ integrations (Google Ads, WordPress, Shopify, etc.)
  BigQuery export	Free (limited to 1M events/day)	Free (unlimited)	Paid add-on (via plugin)
  Custom reports	Limited customisation	Advanced customisation	Fully customisable
  Scalability	Suitable for small to medium businesses	Designed for large enterprises	Scalable without limits (self-hosted or cloud)
  Ease of use	Simple, requires onboarding	Steeper learning curve	Flexible, setup-intensive.
  Pricing	Free	Premium (starts at $50,000/year)	Free open-source (self-hosted) ; Cloud starts at $29/month

  So, is Matomo the right solution for you ?

  That’d be a ‘yes’ if you want a Google Analytics alternative that ticks all these boxes :

  • Complies natively with privacy laws and regulations
  • Offers real-time data and custom event tracking
  • Enables a deeper understanding of user behaviour
  • Allows you to fine-tune user experiences
  • Provides full control over your customers’ data
  • Offers conversion funnels, session recordings and heatmaps
  • Has session replay to trace user interactions
  • Includes plenty of readily actionable insights

  Find out why millions of websites trust Matomo

  Matomo is an easy-to-use, all-in-one web analytics tool with advanced behavioural analytics functionality.

  It’ll also help you future-proof your business because it supports compliance with global privacy laws in 162 countries. With an ethical alternative like Matomo, you don’t need to risk your business or customers’ private data.

  It’s not just about avoiding fines. It’s also about building trust with your customers. That’s why you need a privacy-focused, ethical solution like Matomo. 

  See for yourself : download Matomo On-Premise today, or start your 21-day free trial of Matomo Cloud (no credit card required).

• CCPA vs GDPR : Understanding Their Impact on Data Analytics

  19 mars, par Alex Carmona

  With over 400 million internet users in Europe and 331 million in the US (11% of which reside in California alone), understanding the nuances of privacy laws like the General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA) is crucial for compliant and ethical consumer data collection.

  Navigating this compliance landscape can be challenging for businesses serving European and Californian markets.

  This guide explores the key differences between CCPA and GDPR, their impact on data analytics, and how to ensure your business meets these essential privacy requirements.

  What is the California Consumer Privacy Act (CCPA) ?

  The California Consumer Privacy Act (CCPA) is a data privacy law that gives California consumers control over their personal information. It applies to for-profit businesses operating in California that meet specific criteria related to revenue, data collection and sales.

  Origins and purpose

  The CCPA addresses growing concerns about data privacy and how businesses use personal information in California. The act passed in 2018 and went into effect on 1 January 2020.

  Key features

  • Grants consumers the right to know what personal information is collected
  • Provides the right to delete personal information
  • Allows consumers to opt out of the sale of their personal information
  • Prohibits discrimination against consumers who exercise their CCPA rights

  Key definitions under the CCPA framework

  • Business : A for-profit entity doing business in California and meeting one or more of these conditions :
    • Has annual gross revenues over $25 million ;
    • Buys, receives, sells or shares 50,000 or more consumers’ personal information ; or
    • Derives 50% or more of its annual revenues from selling consumers’ personal information
  • Consumer : A natural person who is a California resident
  • Personal Information : Information that could be linked to, related to or used to identify a consumer or household, such as online identifiers, IP addresses, email addresses, social security numbers, cookie identifiers and more

  What is the General Data Protection Regulation (GDPR) ?

  The General Data Protection Regulation (GDPR) is a data privacy and protection law passed by the European Union (EU). It’s one of the strongest and most influential data privacy laws worldwide and applies to all organisations that process the personal data of individuals in the EU.

  Origins and purpose

  The GDPR was passed in 2016 and went into effect on 25 May 2018. It aims to harmonise data privacy laws in Europe and give people in the European Economic Area (EEA) privacy rights and control over their data.

  Key features

  • Applies to all organisations that process the personal data of individuals in the EEA
  • Grants individuals a wide range of privacy rights over their data
  • Requires organisations to obtain explicit and informed consent for most data processing
  • Mandates appropriate security measures to protect personal data
  • Imposes significant fines and penalties for non-compliance

  Key definitions under the GDPR framework

  • Data Subject : An identified or identifiable person
  • Personal Data : Any information relating to a data subject
  • Data Controller : The entity or organisation that determines how personal data is processed and what for
  • Data Processor : The entity or organisation that processes the data on behalf of the controller

  CCPA vs. GDPR : Key similarities

  The CCPA and GDPR enhance consumer privacy rights and give individuals greater control over their data.

  Dimension	CCPA	GDPR
  Purpose	Protect consumer privacy	Protect individual data rights
  Key Rights	Right to access, delete and opt out of sale	Right to access, rectify, erase and restrict processing
  Transparency	Requires transparency around data collection and use	Requires transparency about data collection, processing and use

  CCPA vs. GDPR : Key differences

  While they have similar purposes, the CCPA and GDPR differ significantly in their scope, approach and specific requirements.

  Dimension	CCPA	GDPR
  Scope	For-profit businesses only	All organisations processing EU consumer data
  Territorial Reach	California-based natural persons	All data subjects within the EEA
  Consent	Opt-out system	Opt-in system
  Penalties	Per violation based on its intentional or negligent nature	Case-by-case based on comprehensive assessment
  Individual Rights	Narrower (relative to GDPR)	Broader (relative to CCPA)

  CCPA vs. GDPR : A multi-dimensional comparison

  The previous sections gave a broad overview of the similarities and differences between CCPA and GDPR. Let’s now examine nine key dimensions where these regulations converge or diverge and discuss their impact on data analytics.

  

  #1. Scope and territorial reach

  The GDPR has a much broader scope than the CCPA. It applies to all organisations that process the personal data of individuals in the EEA, regardless of their business model, purpose or physical location.

  The CCPA applies to medium and large for-profit businesses that derive a substantial portion of their earnings from selling Californian consumers’ personal information. It doesn’t apply to non-profits, government agencies or smaller for-profit companies.

  Impact on data analytics

  The difference in scope significantly impacts data analytics practices. Smaller businesses may not need to comply with either regulation, some may only need to follow the CCPA, while most global businesses must comply with both. This often requires different methods for collecting and processing data in California, Europe, and elsewhere.

  #2. Penalties and fines for non-compliance

  Both the CCPA and GDPR impose penalties for non-compliance, but the severity of fines differs significantly :

  CCPA	Maximum penalty
  	$2,500 per unintentional violation $7,500 per intentional violation

  “Per violation” means per violation per impacted consumer. For example, three intentional CCPA violations affecting 1,000 consumers would result in 3,000 total violations and a $22.5 million maximum penalty (3,000 × $7,500).

  

  The largest CCPA fine to date was Zoom’s $85 million settlement in 2021.

  

  In contrast, the GDPR has resulted in 2,248 fines totalling almost €6.6 billion since 2018 — €2.4 billion of which were for non-compliance.

  GDPR	Maximum penalty
  	€20 million or 4% of all revenue earned the previous year

  So far, the biggest fine imposed under the GDPR was Meta’s €1.2 billion fine in May 2023 — 15 times more than Zoom had to pay California.

  Impact on data analytics

  The significant difference in potential fines demonstrates the importance of regulatory compliance for data analytics professionals. Non-compliance can have severe financial consequences, directly affecting budget allocation and business operations.

  Businesses must ensure their data collection, storage and processing practices comply with regulations in both Europe and California.

  Choosing privacy-first, compliance-ready analytics platforms like Matomo is instrumental for mitigating non-compliance risks.

  #3. Data subject rights and consumer rights

  The CCPA and GDPR give people similar rights over their data, but their limitations and details differ.

  Rights common to the CCPA and GDPR

  • Right to Access/Know : People can access their personal information and learn what data is collected, its source, its purpose and how it’s shared
  • Right to Delete/Erasure : People can request the deletion of their personal information, with some exceptions
  • Right to Non-Discrimination : Businesses can’t discriminate against people who exercise their privacy rights

  Consumer rights unique to the CCPA

  • Right to Opt Out of Sale : Consumers can prohibit the sale of their personal information
  • Right to Notice : Businesses must inform consumers about data collection practices
  • Right to Disclosure : Consumers can request specific information collected about them

  Data subject rights unique to the GDPR

  • Right to be Informed : Broader transparency requirements encompass data retention, automated decision-making and international transfers
  • Right to Rectification : Data subjects may request the correction of inaccurate data
  • Right to Restrict Processing : Consumers may limit data use in certain situations
  • Right to Data Portability : Businesses must provide individual consumer data in a secure, portable format when requested
  • Right to Withdraw Consent : Consumers may withdraw previously granted consent to data processing

  	CCPA	GDPR
  Right to Access or Know	✓	✓
  Right to Delete or Erase	✓	✓
  Right to Non-Discrimination	✓	✓
  Right to Opt-Out	✓
  Right to Notice	✓
  Right to Disclosure	✓
  Right to be Informed		✓
  Right to Rectification		✓
  Right to Restrict Processing		✓
  Right to Data Portability		✓
  Right to Withdraw Consent		✓

  Impact on data analytics

  Data analysts must understand these rights and ensure compliance with both regulations, which could potentially require separate data handling processes for EU and California consumers.

  #4. Opt-out vs. opt-in

  The CCPA generally follows an opt-out model, while the GDPR requires explicit consent from individuals before processing their data.

  Impact on data analytics

  For CCPA compliance, businesses can collect data by default if they provide opt-out mechanisms. Failing to process opt-out requests can result in severe penalties, like Sephora’s $1.2 million fine.

  Under GDPR, organisations must obtain explicit consent before collecting any data, which can limit the amount of data available for analysis.

  #5. Parental consent

  The CCPA and GDPR have provisions regarding parental consent for processing children’s data. The CCPA requires parental consent for children under 13, while the GDPR sets the age at 16, though member states can lower it to 13.

  Impact on data analytics

  This requirement significantly impacts businesses targeting younger audiences. In Europe and the US, companies must implement different methods to verify users’ ages and obtain parental consent when necessary.

  The California Attorney General’s Office recently fined Tilting Point Media LLC $500,000 for sharing children’s data without parental consent.

  #6. Data security requirements

  Both regulations require businesses to implement adequate security measures to protect personal data. However, the GDPR has more prescriptive requirements, outlining specific security measures and emphasising a risk-based approach.

  Impact on data analytics

  Data analytics professionals must ensure that data is processed and stored securely to avoid breaches and potential fines.

  #7. International data transfers

  Both the CCPA and GDPR address international data transfers. Under the CCPA, businesses must only inform consumers about international transfers. The GDPR has stricter requirements, including ensuring adequate data protection safeguards for transfers outside the EEA.

  

  Other rules, like the Payment Services Directive 2 (PSD2), also affect international data transfers, especially in the financial industry.

  PSD2 requires strong customer authentication and secure communication channels for payment services. This adds complexity to cross-border data flows.

  Impact on data analytics

  The primary impact is on businesses serving European residents from outside Europe. Processing data within the European Union is typically advisable. Meta’s record-breaking €1.2 billion fine was specifically for transferring data from the EEA to the US without sufficient safeguards.

  Choosing the right analytics platform helps avoid these issues.

  For example, Matomo offers a free, open-source, self-hosted analytics platform you can deploy anywhere. You can also choose a managed, GDPR-compliant cloud analytics solution with all data storage and processing servers within the EU (in Germany), ensuring your data never leaves the EEA.

  #8. Enforcement mechanisms

  The California Attorney General is responsible for enforcing CCPA requirements, while in Europe, the Data Protection Authority (DPA) in each EU member state enforces GDPR requirements.

  Impact on data analytics

  Data analytics professionals should be familiar with their respective enforcement bodies and their powers to support compliance efforts and minimise the risk of fines and penalties.

  #9. Legal basis for personal data processing

  The GDPR outlines six legal grounds for processing personal data :

  • Consent
  • Contract
  • Legal obligation
  • Vital interests
  • Public task
  • Legitimate interests

  The CCPA doesn’t explicitly define lawful bases but focuses on consumer rights and transparency in general.

  Impact on data analytics

  Businesses subject to the GDPR must identify and document a valid lawful basis for each processing activity.

  Compliance rules under CCPA and GDPR

  Complying with the CCPA and GDPR requires a comprehensive approach to data privacy. Here’s a summary of the essential compliance rules for each framework :

  

  CCPA compliance rules

  • Create clear and concise privacy policies outlining data collection and use practices
  • Give consumers the right to opt-out
  • Respond to consumer requests to access, delete and correct their personal information
  • Implement reasonable security measures for consumers’ personal data protection
  • Never discriminate against consumers who exercise their CCPA rights

  GDPR compliance rules

  • Obtain explicit and informed consent for data processing activities
  • Implement technical and organisational controls to safeguard personal data
  • Designate a Data Protection Officer (DPO) if necessary
  • Perform data protection impact assessments (DPIAs) for high-risk processing activities
  • Maintain records of processing activities
  • Promptly report data breaches to supervisory authorities

  Navigating the CCPA and GDPR with confidence

  Understanding the nuances of the CCPA and GDPR is crucial for businesses operating in the US and Europe. These regulations significantly impact data collection and analytics practices.

  Implementing robust data security practices and prioritising privacy and compliance are essential to avoid severe penalties and build trust with today’s privacy-conscious consumers.

  Privacy-centric analytics platforms like Matomo enable businesses to collect, analyse and use data responsibly and transparently, extracting valuable insights while maintaining compliance with both CCPA and GDPR requirements.

  Start your 21-day free trial today !

  no credit card required

• LGPD : Demystifying Brazil’s New Data Protection Law

  31 août 2023, par Erin — Privacy

  The General Personal Data Protection Law (LGPD or Lei Geral de Proteção de Dados Pessoais) is a relatively new legislation passed by the Brazilian government in 2018. The law officially took effect on September 18, 2020, but was not enforced until August 1, 2021, due to complications from the COVID-19 pandemic.

  For organisations that do business in Brazil and collect personal data, the LGPD has far-reaching implications, with 65 separate articles that outline how organisations must collect, process, disclose and erase personal data.

  In this article, you’ll learn what the LGPD is, including its contents and how a legal entity can be compliant.

  What is the LGPD ?

  The LGPD is a new data protection and privacy law passed by the Federal Brazilian Government on May 29, 2018. The purpose of the law is to unify the 40 previous Brazilian laws that regulated the processing of personal data.

  

  Many of the older laws have been either updated or removed to accommodate this change. The LGPD comprises 65 separate articles, and each covers a different area of the legislation, such as the rights of data subjects and the legal bases on which personal data may be collected. It also sets out the responsibilities of the National Data Protection Authority (ANPD), a newly created agency responsible for the guidance, supervision and enforcement of the LGPD.

  LGPD compliance is essential for organisations wishing to operate in Brazil and collect personal data for commercial purposes, whether online or offline. However, understanding the different rules and regulations and even figuring out if the LGPD applies to you can be challenging.

  Fortunately, the LGPD is relatively easy to understand and shares many similarities with the General Data Protection Regulation (GDPR), the data protection law implemented on May 25, 2018, by the European Union. This may help you better understand why the LGPD was enacted, the policies it contains and the goals it hopes to achieve. Both laws are very similar, but some items are unique to Brazil, such as what qualifies as a legal basis for collecting personal data.

  For these reasons, organisations should not apply a one-size-fits-all approach to GDPR and LGPD compliance, for they are different laws with different guiding principles and requirements.

  Who does the LGPD apply to, and who is exempt ?

  The LGPD applies to any natural person, public entity and private entity that collects, processes and stores personal data for commercial purposes within the national territory of Brazil. The same also applies to those who process the personal data of Brazilian and non-Brazilian citizens within the national territory of Brazil, even if the data processor is outside of Brazil. It also applies to those who process personal data collected from the national territory of Brazil.

  So, what does this all mean ? 

  Regardless of your location, if you conduct any personal data processing activities in Brazil or you process data that was collected from Brazil, then there is a high possibility that the LGPD applies to you. This is especially true if the data processing is for commercial purposes ; or, to be more precise, for the offering or provision of goods or services. It also means that subjects whose personal data is collected under these conditions are protected by the nine data subject rights.

  There are exceptions where the LGPD does not apply to data processors. These include if you process personal data for private or non-commercial reasons ; for artistic, journalistic and select academic purposes ; and for the purpose of state security, public safety, national defence and activities related to the investigation and prosecution of criminal offenders. Also, if the processed data originates from a country with similar data protection laws to Brazil, such as any country in the European Union (where the GDPR applies), then the LGPD will not apply to that individual or organisation.

  For these reasons, it is vital that you are familiar with the LGPD so that your data processing activities comply with the new standards. This is also important for the future, as an estimated 75% of the global population’s personal data will be protected by a privacy regulation. Getting things right now will make life easier moving forward.

  What are the nine LGPD data subject rights ?

  The LGPD has nine data subject rights. These protect the rights and freedoms of subjects, regardless of their political opinion and religious belief.

  

  These rights, listed under Article 19 of the LGPD, confirm that a data subject has the right to :

  1. Confirm the processing of their data.
  2. Access their data.
  3. Correct data that is incomplete, not accurate and out of date.
  4. Anonymize, block and delete data that is excessive, unnecessary and was not processed in compliance with the law.
  5. Move their data to a different service provider or product provider by special request.
  6. Delete or stop using personal data under certain circumstances.
  7. Gain information about who the data processor has shared the processed data with, including private and public entities.
  8. Be informed as to what the consequences may be for denying consent to the collection of personal data.
  9. Revoke consent to have their personal data processed under certain conditions.

  Many of these data subject rights are like the GDPR. For example, both the GDPR and LGPD give data subjects the right to be informed, the right to access, the right to data portability and the right to rectify false data. However, while the LGPD has nine data subject rights, the GDPR has only eight. What is the extra data subject right ? The right to gain information on who a data processor has shared your data with.

  There are other slight differences between the GDPR and LGPD with regard to data subject rights. For instance, the GDPR has a clear right to restrict certain data processing activities, such as those related to automation. The LGPD has this, too. But the subject of data collection automation is under Article 20, separate from all the data subject rights listed under Article 19.

  Under what conditions can personal data in Brazil be processed ?

  There are various conditions under which organisations can legally conduct personal data processing in Brazil. The aim of these conditions is to give data subjects confidence — that their personal data is processed for only safe, legal and ethical reasons. Also, the conditions help data processors, both individuals and organisations, determine if they have a legal basis for processing personal data in or in relation to Brazil.

  

  According to Article 7 of the LGPD, data processing may only be carried out if done :

  1. With consent by the data subject.
  2. To comply with a legal or regulatory obligation.
  3. By public authorities to assist with the execution of a public policy, one established by law or regulation.
  4. To help research entities carry out studies ; granted, when possible, subjects can anonymize their data.
  5. To carry out a contract or preliminary procedure, in particular, one related to a contract where the data subject is a party.
  6. To exercise the right of an arbitration, administration or judicial procedure.
  7. To protect the physical safety or life of someone
  8. To protect the health of someone about to undergo a procedure performed by health entities
  9. To fulfill the legitimate interests of a data processor, unless doing so would compromise a data subject’s fundamental rights and liberties.
  10. To protect one’s credit score.

  Much like the nine data subject rights, there are key differences between the LGPD and GDPR. The GDPR has six lawful bases for data processing, while the LGPD has ten. One notable addition to the LGPD is for the protection of one’s credit score, which is not covered by the GDPR. Another reason to ensure compliance with both data protection laws separately.

  LGPD vs. GDPR : How do they differ ?

  The LGPD was modeled closely on the GDPR, so it’s no surprise the two are similar. 

  Both laws ensure a high level of protection for the rights and freedoms of data subjects. They outline the legal justifications for data processing, establish the responsibilities of a data protection authority and lay out the penalties for non-compliance. That said, there are key differences between them.

  First, data subject rights ; the LGPD has nine, while the GDPR has eight. The GDPR gives data subjects the right to request a human review of automated decision-making, while the LGPD does not. Second, the legal bases for processing ; the LGPD has ten, while the GDPR has six. The four legal bases unique to the LGPD are : for protection of credit, for protection of health, for protection of life and for research entities carrying out studies.

  Both the LGPD and GDPR have different non-compliance penalties. The maximum fine for an infraction under the GDPR is up to €20 million (or 4% of the offender’s annual global revenue, whichever is higher). The maximum fine for an LGPD infraction is up to 50 million reais (around €9.2 million), or up to 2% of an offender’s revenue in Brazil, whichever is higher.

  6 steps to LGPD compliance with Matomo

  Below are steps you can follow to ensure your organisation is LGPD compliant. You’ll also learn how Matomo can help you comply quickly and easily.

  

  Let’s dive in.

  1. Appoint a DPO

  A DPO is a person, group, or organisation that communicates with data processors, data subjects, and the ANDP.

  Curiously, the LGPD lets you appoint your own DPO — even if they reside out of Brazil. So if the LGPD applies to you, you can appoint someone in your organisation to be a DPO. Just make sure that the nominated person has the understanding and capacity to perform the role’s duties.

  2. Assess your data

  Once you’re familiar with the LGPD and confirm your eligibility for LGPD compliance, take the time to assess your data. If you plan to collect data within the territory of Brazil, you’ll need to confirm the exact location of your data subjects. 

  To do this in Matomo, simply go to the previous year’s calendar. Then click on visitors, go to locations, and look for Brazil under the “Region” section. This will tell you how many of your web visitors are located in Brazil.

  

  3. Review privacy practices

  Review your existing privacy policies and practices, as there’s a good chance they’ll need to be updated to comply with the LGPD. Also, review your data sharing and third-party agreements, as you may need to communicate these new policies to partners that you rely on to deliver your services. 

  Lastly, review your procedures for tracking personal data and Personally Identifiable Information (PII). You may need to modify the type of data that you track to comply with the LGPD. You may even be tracking this data without your knowledge.

  4. Anonymize tracking data

  Data subjects under the LGPD have the right to request data anonymity. Therefore, to be LGPD compliant, your organisation must be able to accommodate for such a request.

  Fortunately, Matomo has various data anonymization techniques that help you protect your data subject’s privacy and comply with the LGPD. These techniques include the ability to anonymize previously tracked raw data, anonymize visitor IP addresses, and anonymize relevant geo-location data such as regions, cities and countries.

  

  You can find these features and more under the Anonymize data tab within the Privacy menu on the Matomo Settings page. Learn more about how to configure privacy settings in Matomo.

  5. Comply with LGPD consent laws without cookies

  By using Matomo to anonymize the data of your data subjects, this enables you to comply with LGPD consent laws and remove the need to display cookie consent banners on your website. This is made possible by the fact that Matomo is a cookieless tracking web analytics platform.

  Unlike other web analytics platforms like Google Analytics, which collect and use third-party cookies (persistent data that remains on your device, until that data expires or until you manually delete it) for their “own purposes,” Matomo is different. We use alternative means to identify web visitors, such as count the number of unique IP addresses and perform browser fingerprinting, neither of which involve the collection of personal data.

  As a result, you don’t have to display cookie consent banners on your website, and you can track your web visitors even if they disable cookies.

  6. Give users the right to opt-out

  Under the LGPD, data subjects have the right to opt-out of your data collection procedures. For this reason, make sure that your web visitors can do this on your website.

  

  You can do this in Matomo by adding an opt-out from tracking form to your website. To do this, click on the cog icon in the top menu, load the settings page, and click on the Users opt-out menu item in the Privacy section. Then follow the instructions to customise and publish the Matomo opt-out form.

  Achieve LGPD compliance with Matomo

  Like GDPR for Europe, the LGPD will impact organisations doing business in Brazil. And while they both share much of the same definitions and data subject rights, they differ on what qualifies as a legal basis for processing sensitive data. Complying with the GDPR and LGPD separately is non-negotiable and essential to avoiding maximum fines of €20 million and €9.2 million, respectively.

  

  As a web analytics platform with LGPD compliance, Matomo prioritises data privacy without compromising performance. Switch to a powerful LGPD-compliant web analytics platform that respects users’ privacy. 

  Get a 21-day free trial of Matomo today. No credit card required.

  Disclaimer

  We are not lawyers and don’t claim to be. The information provided here is to help give an introduction to LGPD. We encourage every business and website to take data privacy seriously and discuss these issues with your lawyer if you have any concerns.