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• 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 !

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• Google Optimize vs Matomo A/B Testing : Everything You Need to Know

  17 mars 2023, par Erin — Analytics Tips

  Google Optimize is a popular A/B testing tool marketers use to validate the performance of different marketing assets, website design elements and promotional offers. 

  But by September 2023, Google will sunset both free and paid versions of the Optimize product. 

  If you’re searching for an equally robust, but GDPR compliant, privacy-friendly alternative to Google Optimize, have a look at Matomo A/B Testing. 

  Integrated with our analytics platform and conversion rate optimisation (CRO) tools, Matomo allows you to run A/B and A/B/n tests without any usage caps or compromises in user privacy.

  Disclaimer : Please note that the information provided in this blog post is for general informational purposes only and is not intended to provide legal advice. Every situation is unique and requires a specific legal analysis. If you have any questions regarding the legal implications of any matter, please consult with your legal team or seek advice from a qualified legal professional.

  Google Optimize vs Matomo : Key Capabilities Compared 

  This guide shows how Matomo A/B testing stacks against Google Optimize in terms of features, reporting, integrations and pricing.

  Supported Platforms 

  Google Optimize supports experiments for dynamic websites and single-page mobile apps only. 

  If you want to run split tests in mobile apps, you’ll have to do so via Firebase — Google’s app development platform. It also has a free tier but paid usage-based subscription kicks in after your product(s) reaches a certain usage threshold. 

  Google Optimize also doesn’t support CRO experiments for web or desktop applications, email campaigns or paid ad campaigns.Matomo A/B Testing, in contrast, allows you to run experiments in virtually every channel. We have three installation options — using JavaScript, server-side technology, or our mobile tracking SDK. These allow you to run split tests in any type of web or mobile app (including games), a desktop product, or on your website. Also, you can do different email marketing tests (e.g., compare subject line variants).

  A/B Testing 

  A/B testing (split testing) is the core feature of both products. Marketers use A/B testing to determine which creative elements such as website microcopy, button placements and banner versions, resonate better with target audiences. 

  You can benchmark different versions against one another to determine which variation resonates more with users. Or you can test an A version against B, C, D and beyond. This is called A/B/n testing. 

  Both Matomo A/B testing and Google Optimize let you test either separate page elements or two completely different landing page designs, using redirect tests. You can show different variants to different user groups (aka apply targeting criteria). For example, activate tests only for certain device types, locations or types of on-site behaviour. 

  The advantage of Matomo is that we don’t limit the number of concurrent experiments you can run. With Google Optimize, you’re limited to 5 simultaneous experiments. Likewise, 

  Matomo lets you select an unlimited number of experiment objectives, whereas Google caps the maximum choice to 3 predefined options per experiment. 

  Objectives are criteria the underlying statistical model will use to determine the best-performing version. Typically, marketers use metrics such as page views, session duration, bounce rate or generated revenue as conversion goals. 

  

  Multivariate testing (MVT)

  Multivariate testing (MVT) allows you to “pack” several A/B tests into one active experiment. In other words : You create a stack of variants to determine which combination drives the best marketing outcomes. 

  For example, an MVT experiment can include five versions of a web page, where each has a different slogan, product image, call-to-action, etc. Visitors are then served with a different variation. The tracking code collects data on their behaviours and desired outcomes (objectives) and reports the results.

  MVT saves marketers time as it’s a great alternative to doing separate A/B tests for each variable. Both Matomo and Google Optimize support this feature. However, Google Optimize caps the number of possible combinations at 16, whereas Matomo has no limits. 

  Redirect Tests

  Redirect tests, also known as split URL tests, allow you to serve two entirely different web page versions to users and compare their performance. This option comes in handy when you’re redesigning your website or want to test a localised page version in a new market. 

  Also, redirect tests are a great way to validate the performance of bottom-of-the-funnel (BoFU) pages as a checkout page (for eCommerce websites), a pricing page (for SaaS apps) or a contact/booking form (for a B2B service businesses). 

  You can do split URL tests with Google Optimize and Matomo A/B Testing. 

  Experiment Design 

  Google Optimize provides a visual editor for making simple page changes to your website (e.g., changing button colour or adding several headline variations). You can then preview the changes before publishing an experiment. For more complex experiments (e.g., testing different page block sequences), you’ll have to codify experiments using custom JavaScript, HTML and CSS.

  In Matomo, all A/B tests are configured on the server-side (i.e., by editing your website’s raw HTML) or client-side via JavaScript. Afterwards, you use the Matomo interface to start or schedule an experiment, set objectives and view reports. 

  Experiment Configuration 

  Marketers know how complex customer journeys can be. Multiple factors — from location and device to time of the day and discount size — can impact your conversion rates. That’s why a great CRO app allows you to configure multiple tracking conditions. 

  Matomo A/B testing comes with granular controls. First of all, you can decide which percentage of total web visitors participate in any given experiment. By default, the number is set to 100%, but you can change it to any other option. 

  Likewise, you can change which percentage of traffic each variant gets in an experiment. For example, your original version can get 30% of traffic, while options A and B receive 40% each. We also allow users to specify custom parameters for experiment participation. You can only show your variants to people in specific geo-location or returning visitors only. 

  Finally, you can select any type of meaningful objective to evaluate each variant’s performance. With Matomo, you can either use standard website analytics metrics (e.g., total page views, bounce rate, CTR, visit direction, etc) or custom goals (e.g., form click, asset download, eCommerce order, etc). 

  In other words : You’re in charge of deciding on your campaign targeting criteria, duration and evaluation objectives.

  A free Google Optimize account comes with three main types of user targeting options : 

  • Geo-targeting at city, region, metro and country levels. 

  • Technology targeting  by browser, OS or device type, first-party cookie, etc. 
  • Behavioural targeting based on metrics like “time since first arrival” and “page referrer” (referral traffic source). 

  Users can also configure other types of tracking scenarios (for example to only serve tests to signed-in users), using condition-based rules. 

  Reporting 

  Both Matomo and Google Optimize use different statistical models to evaluate which variation performs best. 

  Matomo relies on statistical hypothesis testing, which we use to count unique visitors and report on conversion rates. We analyse all user data (with no data sampling applied), meaning you get accurate reporting, based on first-hand data, rather than deductions. For that reason, we ask users to avoid drawing conclusions before their experiment participation numbers reach a statistically significant result. Typically, we recommend running an experiment for at least several business cycles to get a comprehensive report. 

  Google Optimize, in turn, uses Bayesian inference — a statistical method, which relies on a random sample of users to compare the performance rates of each creative against one another. While a Bayesian model generates CRO reports faster and at a bigger scale, it’s based on inferences.

  Model developers need to have the necessary skills to translate subjective prior beliefs about the probability of a certain event into a mathematical formula. Since Google Optimize is a proprietary tool, you cannot audit the underlying model design and verify its accuracy. In other words, you trust that it was created with the right judgement. 

  In comparison, Matomo started as an open-source project, and our source code can be audited independently by anyone at any time. 

  Another reporting difference to mind is the reporting delays. Matomo Cloud generates A/B reports within 6 hours and in only 1 hour for Matomo On-Premise. Google Optimize, in turn, requires 12 hours from the first experiment setup to start reporting on results. 

  When you configure a test experiment and want to quickly verify that everything is set up correctly, this can be an inconvenience.

  User Privacy & GDPR Compliance 

  Google Optimize works in conjunction with Google Analytics, which isn’t GDPR compliant. 

  For all website traffic from the EU, you’re therefore obliged to show a cookie consent banner. The kicker, however, is that you can only show an Optimize experiment after the user gives consent to tracking. If the user doesn’t, they will only see an original page version. Considering that almost 40% of global consumers reject cookie consent banners, this can significantly affect your results.

  This renders Google Optimize mostly useless in the EU since it would only allow you to run tests with a fraction ( 60%) of EU traffic — and even less if you apply any extra targeting criteria. 

  In comparison, Matomo is fully GDPR compliant. Therefore, our users are legally exempt from displaying cookie-consent banners in most EU markets (with Germany and the UK being an exception). Since Matomo A/B testing is part of Matomo web analytics, you don’t have to worry about GDPR compliance or breaches in user privacy. 

  Digital Experience Intelligence 

  You can get comprehensive statistical data on variants’ performance with Google Optimize. But you don’t get further insights on why some tests are more successful than others. 

  Matomo enables you to collect more insights with two extra features :

  • User session recordings : Monitor how users behave on different page versions. Observe clicks, mouse movements, scrolls, page changes, and form interactions to better understand the users’ cumulative digital experience. 
  • Heatmaps : Determine which elements attract the most users’ attention to fine-tune your split tests. With a standard CRO tool, you only assume that a certain page element does matter for most users. A heatmap can help you determine for sure. 

  Both of these features are bundled into your Matomo Cloud subscription. 

  Integrations 

  Both Matomo and Google Optimize integrate with multiple other tools. 

  Google Optimize has native integrations with other products in the marketing family — GA, Google Ads, Google Tag Manager, Google BigQuery, Accelerated Mobile Pages (AMP), and Firebase. Separately, other popular marketing apps have created custom connectors for integrating Google Optimize data. 

  Matomo A/B Testing, in turn, can be combined with other web analytics and CRO features such as Funnels, Multi-Channel Attribution, Tag Manager, Form Analytics, Heatmaps, Session Recording, and more ! 

  You can also conveniently export your website analytics or CRO data using Matomo Analytics API to analyse it in another app. 

  Pricing 

  Google Optimize is a free tool but has usage caps. If you want to schedule more than 5 concurrent experiments or test more than 16 variants at once, you’ll have to upgrade to Optimize 360. Optimize 360 prices aren’t listed publicly but are said to be closer to six figures per year. 

  Matomo A/B Testing is available with every Cloud subscription (starting from €19) and Matomo On-Premise users can also get A/B Testing as a plugin (starting from €199/year). In each case, there are no caps or data limits. 

  Google Optimize vs Matomo A/B Testing : Comparison Table

  Features/capabilities	Google Optimize	Matomo A/B test
  Supported channels	Web	Web, mobile, email, digital campaigns
  A/B testing
  Multivariate testing (MVT)
  Split URL tests
  Web analytics integration	Native with UA/GA4	Native with Matomo You can also migrate historical UA (GA3) data to Matomo
  Audience segmentation	Basic	Advanced
  Geo-targeting
  Technology targeting
  Behavioural targeting	Basic	Advanced
  Reporting model	Bayesian analysis	Statistical hypothesis testing
  Report availability	Within 12 hours after setup	6 hours for Matomo Cloud 1 hour for Matomo On-Premise
  Heatmaps		Included with Matomo Cloud
  Session recordings		Included with Matomo Cloud
  GDPR compliance
  Support	Self-help desk on a free tier	Self-help guides, user forum, email
  Price	Free limited tier	From €19 for Cloud subscription From €199/year as plugin for On-Premise

  Final Thoughts : Who Benefits the Most From an A/B Testing Tool ?

  Split testing is an excellent method for validating various assumptions about your target customers. 

  With A/B testing tools you get a data-backed answer to research hypotheses such as “How different pricing affects purchases ?”, “What contact button placement generates more clicks ?”, “Which registration form performs best with new app subscribers ?” and more. 

  Such insights can be game-changing when you’re trying to improve your demand-generation efforts or conversion rates at the BoFu stage. But to get meaningful results from CRO tests, you need to select measurable, representative objectives.

  For example, split testing different pricing strategies for low-priced, frequently purchased products makes sense as you can run an experiment for a couple of weeks to get a statistically relevant sample. 

  But if you’re in a B2B SaaS product, where the average sales cycle takes weeks (or months) to finalise and things like “time-sensitive discounts” or “one-time promos” don’t really work, getting adequate CRO data will be harder. 

  To see tangible results from CRO, you’ll need to spend more time on test ideation than implementation. Your team needs to figure out : which elements to test, in what order, and why. 

  Effective CRO tests are designed for a specific part of the funnel and assume that you’re capable of effectively identifying and tracking conversions (goals) at the selected stage. This alone can be a complex task since not all customer journeys are alike. For SaaS websites, using a goal like “free trial account registration” can be a good starting point.

  A good test also produces a meaningful difference between the proposed variant and the original version. As Nima Yassini, Partner at Deloitte Digital, rightfully argues :

  “I see people experimenting with the goal of creating an uplift. There’s nothing wrong with that, but if you’re only looking to get wins you will be crushed when the first few tests fail. The industry average says that only one in five to seven tests win, so you need to be prepared to lose most of the time”.

  In many cases, CRO tests don’t provide the data you expected (e.g., people equally click the blue and green buttons). In this case, you need to start building your hypothesis from scratch. 

  At the same time, it’s easy to get caught up in optimising for “vanity metrics” — such that look good in the report, but don’t quite match your marketing objectives. For example, better email headline variations can improve your email open rates. But if users don’t proceed to engage with the email content (e.g. click-through to your website or use a provided discount code), your efforts are still falling short. 

  That’s why developing a baseline strategy is important before committing to an A/B testing tool. Google Optimize appealed to many users because it’s free and allows you to test your split test strategy cost-effectively. 

  With its upcoming depreciation, many marketers are very committed to a more expensive A/B tool (especially when they’re not fully sure about their CRO strategy and its results). 

  Matomo A/B testing is a cost-effective, GDPR-compliant alternative to Google Optimize with a low learning curve and extra competitive features. 

  Discover if Matomo A/B Testing is the ideal Google Optimize alternative for your organization with our free 21-day trial. No credit card required.

• The 7 GDPR Principles : A Guide to Compliance

  11 août 2023, par Erin — Analytics Tips, GDPR

  We all knew it was coming. It’s all anyone could talk about — the General Data Protection Regulation (GDPR) took effect on 25 May 2018. 

  You might think five years would have been plenty of time for organisations to achieve compliance, yet many have failed to do so. As of 2022, 81% of French businesses and 95% of American companies were still not compliant.

  If you’re one of these organisations still working on compliance, this blog will provide valuable information about the seven GDPR principles and guide you on your way to compliance. It will also explore how web analytics tools can help organisations improve transparency, ensure data security and achieve GDPR compliance.

  What is GDPR ?

  The European Union (EU) created the General Data Protection Regulation (GDPR) to grant individuals greater control over their data and promote transparency in data processing. 

  Known by many other names across Europe (e.g., RGPD, DSGVO, etc.), the GDPR created a set of rules surrounding the handling of personal data of EU citizens and residents, to make sure organisations aren’t being irresponsible with user names, locations, IP addresses, information gleaned from cookies, and so on. 

  Organisations must assume several responsibilities to achieve GDPR compliance, regardless of their physical location. These obligations include :

  • Respecting user rights
  • Implementing documentation and document retention policies
  • Ensuring data security 

  Why is GDPR compliance important ?

  Data has become a valuable asset for businesses worldwide. The collection and use of data is a feature of almost every sector. However, with increased data usage comes a greater responsibility to protect individuals’ privacy and rights. 

  A YouGov study conducted in 17 key markets found that two in three adults worldwide believe tech corporations across all markets have too much control over their data.

  

  GDPR is the most extensive government framework aiming to tackle the increasing concern over data collection and handling. GDPR safeguards personal data from misuse, unauthorised access and data breaches. It ensures that businesses handle information responsibly and with respect for individual privacy. It also provided a foundation for similar laws to be created in other countries, including China, which is among the least concerned regions (56%), along with Sweden (54%) and Indonesia (56%).

  GDPR has been pivotal in safeguarding personal data and empowering individuals with more control over their information. Compliance with GDPR builds trust between businesses and their customers. Currently, 71% of the countries in the world are covered by data protection and privacy legislation.

  What are the risks of non-compliance ?

  We’ve established the siginficance of GDPR, but what about the implications — what does it mean for your business ? The consequences of non-compliance can be severe and are not worth being lax about. 

  According to Article 83 of the GDPR, you can be penalised up to 4% of your annual global revenue or €20 million, whichever is higher, for violations. For smaller businesses, such substantial fines could be devastating. Non-compliance could even result in legal action from individuals or data protection authorities, leading to further financial losses.

  Potential outcomes are not just legal and financial. GDPR violations can significantly damage your reputation as a company. Non-compliance could also cost you business opportunities if your policies and processes do not comply and, therefore, do not align with potential partners. Customers trust businesses that take data protection seriously over those that do not.

  

  Finally, and perhaps the most timid outcome on the surface, individuals have the right to complain to data protection authorities if they believe you violate their data rights. These complaints can trigger an investigation, and if your business is found to be breaking the rules, you could face all of the consequences mentioned above. 

  You may think it couldn’t happen to you, but GDPR fines have collectively reached over €4 billion and are growing at a notable rate. Fines grew 92% from H1 2021 compared with H1 2022. A record-breaking €1.2 billion fine to Meta in 2023 is the biggest we’ve seen, so far. But smaller businesses can be fined, too. A bank in Hungary was fined €1,560 for not erasing and correcting data when the subject requested it. (Individuals can also be fined in flagrant cases, like a police officer fined €1,400 for using police info for private purposes.)

  

  The 7 GDPR principles and how to comply

  You should now have a good understanding of GDPR, why it’s important and the consequences of not being compliant. 

  Your first step to compliance is to identify the personal data your organisation processes and determine the legal basis for processing each type. You then need to review your data processing activities to ensure they align with the GDPR’s purpose and principles.

  There are seven key principles in Article 5 of the GDPR that govern the lawful processing of personal data :

  Lawfulness, fairness and transparency

  This principle ensures you collect and use data in a legal and transparent way. It must be collected with consent, and you must tell your customers why you need their data. Data processing must be conducted fairly and transparently. 

  How to comply

  • Review your data practices and identify if and why you collect personal data from customers.
    • Learn what personally identifiable information (PII) is.
  • Update your website and forms to include a clear and easy-to-understand explanation of why you need their data and what you’ll use it for.
  • Obtain explicit consent from individuals when processing their sensitive data.
  • Add a cookie consent banner to your website, informing users about the cookies you use and why.
    • Website analytics tools like Google Analytics and Matomo offer the ability to create cookie consent banners and integrate with Consent Management Platforms (CMPs) to manage user consent and privacy settings.
    • Matomo also offers a setting without tracking cookies, in which case you would not need to add the cookie consent banner. 
  • Privacy notices must be accessible at all times. 
  • To ensure your cookies are GDPR compliant, you must :
    • Get consent before using any cookies (except strictly necessary cookies). 
    • Clearly explain what each cookie tracks and its purpose.
    • Document and store user consent.
    • Don’t refuse access to services if users do not consent to the use of certain cookies.
    • Make the consent withdrawal process simple. 

  Use tools like Matomo that can be configured to automatically anonymise data so you don’t process any personal data.

  Purpose limitation

  You can only use data for the specific, legitimate purposes you told your visitors, prospects or customers about at the time of collection. You can’t use it for anything else without asking again. 

  How to comply

  • Define the specific purposes for collecting personal data (e.g., processing orders, sending newsletters).
  • Ensure you don’t use the data for any other purposes without getting explicit consent from the individuals.

  Data minimisation

  Data minimisation means you should only collect the data you need, aligned with the stated purpose. You shouldn’t gather or store more data than necessary. Implementing data minimisation practices ensures compliance and protects against data breaches.

  How to comply

  • Identify the minimum data required for each purpose.
  • Conduct a data audit to identify and eliminate unnecessary data collection points.
  • Don’t ask for unnecessary information or store data that’s not essential for your business operations.
  • Implement data retention policies to delete data when it is no longer required.

  Accuracy

  You are responsible for keeping data accurate and up-to-date at all times. You should have processes to promptly erase or correct any data if you have incorrect information for your customers.

  How to comply

  • Implement a process to regularly review and update customer data.
  • Provide an easy way for customers to request corrections to their data if they find any errors.

  Storage limitation

  Data should not be kept longer than necessary. You should only hold onto it for as long as you have a valid reason, which should be the purpose stated and consented to. Securely dispose of data when it is no longer needed. There is no upper time limit on data storage. 

  How to comply

  • Set clear retention periods for the different types of data you collect.
  • Develop data retention policies and adhere to them consistently.
  • Delete data when it’s no longer needed for the purposes you specified.

  Integrity and confidentiality

  You must take measures to protect data from unauthorised or unlawful access, like keeping it locked away and secure.

  How to comply

  • Securely store personal data with encryption and access controls, and keep it either within the EU or somewhere with similar privacy protections. 
  • Train your staff on data protection and restrict access to data only to those who need it for their work.
  • Conduct regular security assessments and address vulnerabilities promptly.

  Accountability

  Accountability means that you are responsible for complying with the other principles. You must demonstrate that you are following the rules and taking data protection seriously.

  How to comply

  • Appoint a Data Protection Officer (DPO) or someone responsible for data privacy in your company.
  • Maintain detailed records of data processing activities and any data breaches.
  • Data breaches must be reported within 72 hours.

  Compliance with GDPR is an ongoing process, and it’s vital to review and update your practices regularly. 

  What are GDPR rights ?

  Individuals are granted various rights under the GDPR. These rights give them more control over their personal data.

  

  The right to be informed : People can ask why their data is required.

  What to do : Explain why personal data is required and how it will be used.

  The right to access : People can request and access the personal data you hold about them.
  What to do : Provide a copy of the data upon request, free of charge and within one month.

  The right to rectification : If data errors or inaccuracies are found, your customers can ask you to correct them.
  What to do : Promptly update any incorrect information to ensure it is accurate and up-to-date.

  The right to object to processing : Your customers have the right to object to processing their data for certain purposes, like direct marketing.
  What to do : Respect this objection unless you have legitimate reasons for processing the data.

  Rights in relation to automated decision-making and profiling : GDPR gives individuals the right not to be subject to decisions based solely on automated processing, including profiling, if it significantly impacts them.
  What to do : Offer individuals the right to human intervention and express their point of view in such cases.

  The right to be forgotten : Individuals can request the deletion of their data under certain circumstances, such as when the data is no longer necessary or when they withdraw consent.
  What to do : Comply with such requests unless you have a legal obligation to keep the data.

  The right to data portability : People can request their personal data in a commonly used and machine-readable format.
  What to do : Provide the data to the individual if they want to transfer it to another service provider.

  The right to restrict processing : Customers can ask you to temporarily stop processing their data, for example, while they verify its accuracy or when they object to its usage.
  What to do : Store the data during this period but do not process it further.

  Are all website analytics tools GDPR compliant ?

  Unfortunately, not all web analytics tools are built the same. No matter where you are located in the world, if you are processing the personal data of European citizens or residents, you need to fulfil GDPR obligations.

  While your web analytics tool helps you gain valuable insights from your user base and web traffic, they don’t all comply with GDPR. No matter how hard you work to adhere to the seven principles and GDPR rights, using a non-compliant tool means that you’ll never be fully GDPR compliant.

  When using website analytics tools and handling data, you should consider the following :

  Collection of data

  Aligned with the lawfulness, fairness and transparency principle, you must collect consent from visitors for tracking if you are using website analytics tools to collect visitor behavioural data — unless you anonymise data entirely with Matomo.

  

  To provide transparency, you should also clarify the types of data you collect, such as IP addresses, device information and browsing behaviour. Note that data collection aims to improve your website’s performance and understand your audience better.

  Storage of data

  Assure your visitors that you securely store their data and only keep it for as long as necessary, following GDPR’s storage limitation principle. Clearly state the retention periods for different data types and specify when you’ll delete or anonymise it.

  Usage of data

  Make it clear that to comply with the purpose limitation principle, the data you collect will not be used for other purposes beyond website analytics. You should also promise not to share data with third parties for marketing or unrelated activities without their explicit consent. 

  Anonymisation and pseudonymisation

  Features like IP anonymisation to protect users’ privacy are available with GA4 (Google Analytics) and Matomo. Describe how you use these tools and mention that you may use pseudonyms or unique identifiers instead of real names to safeguard personal data further.

  Cookies and consent

  Inform visitors that your website uses cookies and other tracking technologies for analytics purposes. Matomo offers customisable cookie banners and opt-out options that allow users to choose their preferences regarding cookies and tracking, along with cookieless options that don’t require consent banners. 

  Right to access and correct data

  Inform visitors of their rights and provide instructions on requesting information. Describe how to correct inaccuracies in their data and update their preferences.

  Security measures

  Assure visitors that you take data security seriously and have implemented measures to protect their data from unauthorised access or breaches. You can also use this opportunity to highlight any encryption or access controls you use to safeguard data.

  Contact information

  Provide contact details for your company’s Data Protection Officer (DPO) and encourage users to reach out if they have any questions or concerns about their data and privacy.

  When selecting web analytics tools, consider how well they align with GDPR principles. Look for features like anonymisation, consent management options, data retention controls, security measures and data storage within the EU or a similarly privacy-protecting jurisdiction. 

  Matomo offers an advanced GDPR Manager. This is to make sure websites are fully GDPR compliant by giving users the ability to access, withdraw consent, object or erase their data, in addition to the anonymizing features. 

  And finally, when you use Matomo, you have 100% data ownership — stored with us in the EU if you’re using Matomo Cloud or on your own servers with Matomo On-Premise — so you can be data-driven and still be compliant with worldwide privacy laws. We are also trusted across industries as we provide accurate data (no trying to fill in the gaps with AI), a robust API that lets you connect your data to your other tools and cookieless tracking options so you don’t need a cookie consent banner. What’s more, our open-source nature allows you to explore the inner workings, offering the assurance of security firsthand. 

  Ready to become GDPR compliant ?

  Whether you’re an established business or just starting out, if you work with data from EU citizens or residents, then achieving GDPR compliance is essential. It doesn’t need to cost you a fortune or five years to get to compliant status. With the right tools and processes, you can be on top of the privacy requirements in no time at all, avoiding any of those hefty penalties or the resulting damage to your reputation. 

  You don’t need to sacrifice powerful data insights to be GDPR compliant. While Google Analytics uses data for its ‘own purposes’, Matomo is an ethical alternative. Using our all-in-one web analytics platform means you own 100% of your data 100% of the time. 

  Start a 21-day free trial of Matomo — 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 GDPR. We encourage every business and website to take data privacy seriously and discuss these issues with your lawyer if you have any concerns.