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• The Guide to an Ethical Web : With Big Data Comes Big Responsibility

  13 mars, par Alex Carmona

  Roughly two-thirds of Earth’s 8 billion people use the internet for communication, education, entertainment, business and more. We are connected globally in ways previous generations could’ve never dreamed of. It’s been a wild ride, and we’re just starting.

  Many users have learned that experiences online can be a mix of good and bad. Sometimes, the bad can feel like it outweighs the good, particularly when large tech companies use our data shadily, cut corners on accessibility or act in any other way that devalues the human being behind the screen.

  As fellow internet citizens, what responsibility do we have to create a more ethical web for our customers ?

  In this article, we’ll look at ethical principles online and how to act (and not act) to build trust, reach customers regardless of ability, safeguard privacy and stay compliant while improving business outcomes.

  

  What is an “ethical web” ?

  When we talk about the ethical web, we’re talking about the use of the internet in an ethical way. Among other values, it involves transparency, consent and restraint. It applies the Golden Rule to the internet : Treat others (and their data and user experience) how you’d want yourself (and yours) to be treated. 

  With limited oversight, the internet has evolved in ways that often prioritise profit over user rights. While selling data or pushing cookies might seem logical in this context, they can undermine trust and reputation. And the tide is slowly but surely shifting as consumers and legislators push back.

  Consumers no longer want to buy from companies that will use their data in ways they don’t agree to. In 2022, 75% of UK and US consumers surveyed said they were uncomfortable purchasing from businesses with weak data ethics.

  Legislators worldwide have been taking part in this effort for nearly a decade, with laws like GDPR in the EU and LGPD in Brazil, as well as the various state laws in the US, like California’s CCPA and Virginia’s VCDPA. 

  Even tech giants are no longer above the law, like Meta, which was fined over a billion Euros for GDPR violations in 2023.

  

  These changes may make the internet feel less business-friendly at first glance, but ethical choices ultimately build a stronger digital ecosystem for both companies and consumers. 

  Likewise, all internet users alike can make this happen by shunning short-term profit and convenience for healthier, long-term choices and behaviour.

  As we dig into what it takes to build an ethical web, remember that no company or individual is free from mistakes in these areas nor is it an overnight fix. Progress is made one click at a time.

  Ethical SEO : Optimising your content and your ethics

  Content creation and search engine optimisation (SEO) require so much work that it’s hard to fault creators for not always abiding by search engine guidelines and seeking shortcuts – especially when there’s a sea of LinkedIn posts about how copying/pasting ChatGPT responses helped someone rank #1 for several keywords in one week.

  However, users turn to Google and other search engines for something of substance that will guide or entertain them.

  Content meets customer needs and is more likely to lead to sales when it’s well-written, original and optimised just enough to make it easier to find on the first page of results. This doesn’t happen when content teams dilute quality and waste a reader or viewer’s time on posts that will only yield a higher bounce rate.

  Some SEO pros do find success by building backlinks through private blog networks or crafting a million unedited posts with generative AI, but it’s short-lived. Google and other search engines always catch up, and their content plummets or gets penalised and delisted with every new update.

  Content teams can still rank at the top while sticking to ethical SEO principles. Here’s a sample list of dos and don’ts to get started :

  • Do put content quality above all else. Make content that serves the audience, not just a brand or partner ad network.
  • Do apply the E-E-A-T framework. Search engines value content written by authors who bring expertise, experience, authority and trust (E-E-A-T).
  • Don’t keyword stuff. This might have worked in the early days of SEO, but it hurts readability and now harms article performance.
  • Do use alt text as intended. While it can still help SEO, alt text should prioritise accessibility for users with screen readers.

  • Don’t steal content. Whether it’s violating copyright, copying/pasting other people’s content or simply paraphrasing without citation, companies should never steal content.
  • Don’t steal ideas. It’s okay to join in on a current conversation or trends in an industry, but content creators should be sure they have something valuable to add.
  • Do use AI tools as partners, not creators. AI can be an incredible aid in crafting content, but it should never be posted without a human’s touch.

  When we follow ethical SEO guidelines and get more clients with our content, how do we best handle their data ?

  Ethical data governance : Important principles and how to avoid data misuse

  Data governance comprises every aspect of how a company manages data, including storage, security, privacy, lifecycle management, setting policies and maintaining compliance with laws like GDPR and HIPAA.

  Applying data ethics to governance is doing it all in a transparent, restrained way that acknowledges an individual’s right to ownership over their data. 

  For organisations, this translates to getting consent to collect data and clearly spelling out how it will be stored and used — and sticking to it.

  If a user’s birth date is needed for legal reasons, it cannot be sold to a third party or later used for something else without explicit permission. Reusing data in ways that stray from its original purpose is a form of commingling, one of the data misuses that is easy for even well-intentioned teams to do accidentally.

  Ethical data governance also includes the vigilant safeguarding of users’ data and minimising potential privacy issues.

  Failing to implement and adhere to strong security measures leads to situations like the National Public Data (NPD) breach, where cyber criminals expose the addresses, phone numbers and social security numbers of hundreds of millions of people. This was due in large part to a weakness in storing login credentials and a lack of password policy enforcement.

  No one at NPD wanted this to happen, but security likely took a backseat to other business concerns, leading to the company’s filing for bankruptcy.

  More importantly, as a data broker that aggregates information from other sources, the people affected likely had no clue this organisation had been buying and selling their data. The companies originally entrusted with their information helped provide the leaked data, showing a lack of care for privacy.

  Situations like this reinforce the need for strict data protection laws and for companies to refine their data governance approach. 

  Businesses can improve their data governance posturing with managers and other higher-ups setting the right tone at the top. If leadership takes a firm and disciplined approach by setting and adhering to strong policies, the rest of the team will follow and minimise the chances of data misuse and security incidents.

  One way to start is by using tools that make the principles of data ethics easier to follow.

  Ethical web analytics : Drawing insights while respecting privacy

  Web analytics tools are designed to gather data about users and what they do while visiting a site.
  The most popular tool worldwide is Google Analytics (GA). Its brand name and feature set carry a lot of weight, but many former users have switched to alternatives due to dissatisfaction with the changes made in GA4 and reservations about the way Google handles data.

  

  Google is another tech giant that has been slapped with massive GDPR fines for issues over its data processing practices. It has run so afoul of compliance that it was banned in France and Austria for a while. Additionally, in the US Department of Justice’s ongoing antitrust lawsuit against Google, the company’s data tracking has been targeted for both how it affects users and potential rivals.

  Unlike GA, ethical web analytics tools allow websites to get the data they need while respecting user privacy.

  Matomo offers privacy protections like :

  • Providing data anonymisation and IP anonymisation
  • Allowing users the ability to not process personally identifiable information (PII)
  • Disabling the ability to track users across websites by default to make compliance easier
  • Giving users full control over their customer data without the risk of it getting into the hands of third parties
  • Much more

  We’re also fully transparent about how we handle your data on the web and in the Matomo Cloud and in how we build Matomo as an open-source tool. Our openness allows you to be more open with your customers and how you ethically use their data.

  There are other GDPR-compliant tools on the market, but some of them, like Adobe Analytics, require more setup from users for compliance, don’t grant full control over data and don’t offer on-premise options or consent-free tracking.

  Beyond tracking, there are other ways to make a user’s experience more enjoyable and ethical.

  Ethical user experience : User-friendliness, not user-hostility

  When designing a website or application, creating a positive user experience (UX) always comes first. 

  The UI should be simple to navigate, data and privacy policy information should be easy to find and customers should feel welcomed. They must never be tricked into consenting or installing. 

  When businesses resort to user-hostile tactics, the UX becomes a battle between the user and them. What may seem like a clever tactic to increase sign-ups can alienate potential customers and ruin a brand’s image. 

  Here are some best practices for creating a more ethical UX :

  Avoid dark patterns

  Dark patterns are UI designs and strategies that mislead users into paying for, agreeing to or doing something they don’t actually want. These designs are unethical because they’re manipulative and remove transparency and consent from the interaction. 

  In some cases, they’re illegal and can bring lawsuits. 

  In 2023, Italy’s Data Protection Authority (DPA) fined a digital marketing company €300,000 for alleged GDPR violations. They employed dark patterns by asking customers to accept cookies again after rejecting them and placing the option to reject cookies outside the cookie banner. 

  Despite their legality and 56% of surveyed customers losing trust in platforms that employ dark patterns, a review by the Organisation for Economic Co-operation and Development (OECD) found that 76% of the websites examined contained at least one dark pattern.

  

  If a company is worried that they may be relying on dark patterns, here are some examples of what to avoid :

  • Pre-ticking boxes to have users agree to third-party cookies, sign up for a newsletter, etc.
  • Complicated cookie banners without a one-click way to reject all unnecessary cookies
  • Hiding important text with text colour, under drop-down menus or requiring hovering over something with a mouse 
  • “Confirm shaming” users with emotionally manipulative language to delay subscription cancellations or opt out of tracking 

  Improve trust centres

  Trust centres are the sections of a website that outline how a company approaches topics like data governance, user privacy and security. 

  They should be easy to find and understand. If a user has a question about a company’s data policy, it should be one click away with language that doesn’t require a law degree to comprehend.

  Additionally, trust centres must cover all relevant details, including where data is stored and who does the subprocessing. This is an area where even some of the best-intentioned companies may miss the mark, but it’s also an easy fix and a great place to start creating a more ethical web.

  Embrace inclusivity

  People want to feel welcomed to the party — and deserve to be — regardless of their race, ethnicity, religion, gender identity, orientation or ability. 

  Inclusivity is great for customers and companies alike. 

  A study by the Unstereotype Alliance found that progressive marketing drove up short- and long-term sales, customer loyalty and purchase consideration. A Kantar study reported that 75% of surveyed customers around the world consider a company’s diversity and inclusivity when making a purchasing decision.

  An easy place to start embracing inclusivity is with a website’s blog images. The people in photos and cartoons should reflect a variety of different backgrounds.

  Another area to improve inclusivity is by making your site or app more accessible.

  Accessibility ethics : An internet for everyone

  Accessibility is designing your product in a way that everyone can enjoy or take part in, regardless of ability. Digital accessibility is applying this design to the web and applications by making accommodations like adding descriptive alt text to images for users with visual impairments.

  Just because someone has a hearing, vision, speech, mobility, neurological or other impairment doesn’t mean they have any less of a right to shop online, read silly listicles or get into arguments with strangers in the comment section.

  Beyond being the right thing to do, the Fable team shows there’s a strong business case for accessibility. People with disabilities have money to spend, and the accommodations businesses make for them often benefit people without disabilities, too – as anyone who streams with subtitles can attest.

  Despite being a win-win for greater inclusivity and business, much of the web is still inaccessible. WebAIM, a leader in web accessibility, studied a million web pages and found an average of over 55 accessibility errors per page.

  We must all play a more active role in improving the experience of our users with disabilities, and we can start with accessibility auditing and testing.

  An accessibility audit is an evaluation of how usable a site is for people with disabilities. It may be done in-house by an expert on a company’s team or, for better results, a third-party consultant who can give a fully objective audit.

  Auditing might consist of running an automated tool or manually checking your site, PDFs, emails and other materials for compliance with the Web Content Accessibility Guidelines list.

  Accessibility testing is narrower than auditing. It checks how accessibility or its absence looks in action. It can be done after a site, app, email or product is released, but it ideally starts in the development process.

  Testing should be done manually and with automated tools. Manual checks put developers in the position of their users, allowing them to get a better idea of what users are dealing with firsthand. Automated tools can save time and money, but there should always be manual testing in the process.

  Auditing gives teams an idea of where to start with improving accessibility, and testing helps make sure accommodations work as intended.

  Conclusion

  At Matomo, we strive to make the ethical web a reality, starting with web analytics.

  For our users, it means full compliance with stringent policies like GDPR and providing 100% accurate data. For their customers, it’s collecting only the data required to do the job and enabling cookieless configurations to get rid of annoying banners. 

  For both parties, it’s knowing that respect for privacy is one of our foundational values, whether it’s the ability to look under Matomo’s hood and read our open-source code, the option to store data on-premise to minimise the chances of it falling into the wrong hands or one of the other ways that we protect privacy.

  If you weren’t 100% ethical before, it’s never too late to change. You can even bring your Google Analytics data with you.

  Join us in our mission to improve the web. We can’t do it alone ! 

  Try Matomo free for 21 days

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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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• Consent management platforms : Keys to compliance and user trust

  14 juin, par Joe

  Today’s marketing managers and data analysts face a tricky balancing act : gaining meaningful customer insights while respecting user privacy. Finding ways to navigate the maze of complex privacy regulations while managing consent at scale can be daunting. 

  Consent management platforms (CMPs) offer a solution. They allow companies to collect data ethically, manage user consent efficiently, and comply with privacy regulations like Europe’s General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA).

  This guide explains everything you need to know about CMPs : how they function, why they’re essential for data governance, and how they work hand-in-hand with analytics platforms to promote transparency and build trust with users.

  What is a consent management platform (CMP) and what is it for ?

  A consent management platform (CMP) helps organisations collect, organise, and store user consent for personal data processing purposes. In short, it’s a tool that ensures data collection respects user privacy and complies with regulations like the GDPR and CCPA.

  Without a CMP, businesses could face hefty fines and penalties for violating data privacy laws in different parts of the world. This shows how vital these tools are to all modern businesses.

  How do consent management platforms work ?

  CMPs give users a clear and straightforward way to provide explicit consent for data collection. These platforms manage both the technical aspects of consent storage and the user experience on your site or app.

  Here’s a simplified breakdown :

  • Cookie consent banners : The CMP displays a banner whenever a user visits your website. This banner explains the types of personal information collected and for what purpose.
  • User choice : The user can accept or reject cookies and trackers. They can often customise their preferences to choose which specific data types they’re willing to share.
  • Preference storage : The CMP stores the user’s choices. This information helps ensure that you only collect and process the permitted data.
  • Integration with other systems : CMPs integrate with other systems, such as analytics platforms and advertising networks, to ensure that data collection and processing comply with the user’s choices throughout the customer experience.

  

  A key feature of CMPs is their role in shaping privacy policy design. This design encompasses the layout, visual elements, and cues employed to seek user consent.

  A recent study by Karlstad University in Sweden showed that privacy policy design significantly influences user comprehension and willingness to disclose information. In other words, it affects consent rates considerably and is key to enhancing data collection.

  Importance of consent management for compliance

  As the world becomes increasingly interconnected, consent management is taking centre stage. Although it applies to all technologies and systems that gather or handle personal data, few instances are as relevant as smart homes.

  Smart home devices have unique access to our personal spaces and private lives. They represent a unique challenge to consent management since one person is potentially granting access to personal data from themselves and other people who may be inside or around the house.

  A 2023 study by the University College London and the University of Oxford pointed out that clear design principles and granular, contextual permission structures are essential in these situations.

  However, consent management isn’t just best practice. It’s a widespread legal requirement. Not meeting these requirements can result in hefty penalties and reputational damage to your organisation.

  Consent management under GDPR

  The European Union’s GDPR is a data protection law applicable to organisations that process the personal data of individuals residing in the European Economic Area (EEA). It’s based on the principle of opting in.

  The GDPR is one of the strongest data privacy laws globally. For non-compliance, fines can be up to €20 million or 4% of the company’s total global turnover (whichever is higher).

  It’s also one of the most heavily enforced privacy laws. According to enforcementtracker.com, Meta was fined €1.2 billion in 2023, with GDPR fines reaching over €2 billion that year alone. In the UK, the largest GDPR fine is €22.05 million, according to Statista. It pays to comply.

  The GDPR has specific rules around consent, including that it must be :

  • Freely given : Users must not be pressured or coerced.
  • Specific : Must be given for specific data processing purposes.
  • Informed : Users must be provided with clear and concise information.
  • Unambiguous : Permission must be granted through clear and affirmative action, such as checking a box or tapping a button.

  CMPs help you meet these requirements by providing a transparent and user-friendly way to obtain and manage consent.

  Consent management under CCPA

  The CCPA is another privacy protection law for businesses collecting personal information from California residents. It grants Californians the right to know what data is being collected about them, to prevent it from being sold, and to request its deletion.

  CMPs support CCPA compliance by enabling users to exercise their rights and ensuring transparent data collection practices.

  Managing consent under other regulatory frameworks

  In addition to the GDPR and CCPA, numerous other privacy regulations can impact your organisation. These regulations include :

  • The COPPA in the US
  • Brazil’s LGPD
  • Japan’s APPI
  • Canada’s PIPEDA.
  • Australia’s Privacy Act 1988 

  A CMP will help streamline the process by providing a clear, practical framework to ensure you meet all applicable requirements.

  Key features to look for in a CMP

  Choosing the right CMP is crucial for global business.

  Here are some key features to consider :

  Custom banners

  Consent banners are often among users’ first digital interactions with your brand. It should be clear, concise and visually appealing. Look for a CMP that allows you to :

  • Customise the banner’s design to match your website’s branding and aesthetics.
  • Control the banner’s positioning for optimal visibility.

  End-user management tools

  The CMP should also offer a user-friendly interface allowing visitors to grant, manage and withdraw consent.

  This includes customisable banners, granular permissions, and a preference centre. The latter is a dedicated space where users can manage their preferences anytime.

  Integration capabilities with existing systems

  The CMP should integrate with your existing technology stack, including your analytics platform, marketing automation tools and CRM. This integration ensures a smooth workflow and prevents data silos.

  How to select the right CMP for your organisation

  To find the perfect CMP, focus on your specific needs and priorities. Here’s a step-by-step guide to help you make an informed decision :

  Assessing organisational needs and goals

  Start by clearly defining your organisation’s requirements. Consider the following :

  • Types of data collected : What personal data do you collect (for example, cookies, IP addresses, location data) ?
  • Compliance requirements : Which privacy regulations must you comply with (GDPR, CCPA, COPPA) ?
  • Website or app complexity : How complex is your website or app in terms of user interactions and data collection points ?
  • Budget : How much are you willing to invest in a CMP ?

  Comparing features and pricing

  Once you thoroughly understand your needs, you can compare the features and pricing of various CMPs. Look for key features like :

  • Customisable banners
  • Granular options
  • Preference centre
  • Integration with existing systems
  • Analytics and reporting

  Once you’ve shortlisted a few options, compare the pricing and choose the best value for your budget. Take advantage of free trials before committing to a paid plan.

  Checking verified user reviews

  Read user reviews on platforms like G2 or Trustpilot to get an idea of the strengths and weaknesses of different CMPs. Look for reviews from similar organisations regarding size, industry and compliance requirements.

  Integration with a privacy-focused analytics platform

  A consent management platform acts as the bridge between your users and your analytics and marketing teams. It ensures user preferences are communicated to your analytics setup, so data collection and analysis align with their choices and comply with privacy regulations. 

  Finding a consent manager integration that works with your analytics setup is essential for businesses.

  Top five consent management platforms

  The CMP market is pretty competitive, with many players providing excellent solutions. According to Emergen Research, it was valued at $320.9 million in 2021 and is growing at 21.2%.

  Here are five of our top choices 

  1. usercentrics

  usercentrics is a comprehensive CMP with customisable banners, granular consent options and a preference centre.

  

  usercentrics geolocation rulesets page (Source : Usercentrics)

  This Google-certified CMP allows you to create global and regional consent rules to ensure compliance with local regulations like GDPR, CCPA and LGPD. For a smooth implementation, usercentrics provides access to a knowledgeable support team and a dedicated customer success executive.

  It’s worth noting that Usercentrics is the CMP we use here at Matomo. It helps us in our mission to collect and analyse data ethically and with a privacy-first mindset.

  • Key features : Customisable banners, granular permissions, cross-domain and cross-device capabilities, automatic website scans, reporting and analytics.
  • Pricing : Usercentrics offers a free plan and four paid subscription plans from €7 to €50 per month.

  2. Osano

  Osano is a user-friendly CMP focusing on transparency and ease of use.

  

  Osano’s main dashboard (Source : Osano)

  Osano can scan websites for tracking technologies without impacting the user experience.

  • Key features : Customisable banners, multi-language support, granular consent options, a preference centre and access to a knowledgeable team of compliance specialists.
  • Pricing : Osano offers a self-service free plan and a paid plan at $199 per month.

  3. Cookiebot

  Cookiebot is another popular CMP with numerous integration options, including Matomo and other analytics tools. 

  

  Cookiebot consent banner options (Source : Cookiebot)

  • Key features : A cookie scanner, a privacy trigger or button allowing users to change their consent settings, a consent management API and advanced analytics.
  • Pricing : Cookiebot offers a free plan and paid plans ranging from €7 to €50 per month.

  4. CookieYes

  CookieYes is well-suited for small businesses and websites with basic privacy needs. 

  

  CookieYes cookie banner options (Source : CookieYes)

  It offers various features, including multilingual support, geo-targeting, privacy policy generation, and a preference centre. CookieYes also integrates with analytics and CMS tools, making it easy to implement as part of your stack.

  • Key features : Customisable consent banners, granular consent options, preference centre, integration with Matomo, reporting and analytics.
  • Pricing : You can use CookieYes for free or subscribe to one of their three paid plans, which range from $10 to $55 per month.

  5. Tarte au Citron

  Tarte au Citron is an open-source, lightweight, and customisable CMP developed in France.

  

  (Source : Tarte au Citron)

  Its focus is on transparency and user experience. It provides many features free of charge, but many do require some technical knowledge to deploy. There’s also a paid subscription with ongoing support and faster implementation.

  Tarte au Citron integrates with Matomo, which is also open-source. If you’re building an open-source stack for your analytics, Matomo and Tarte au Citron make an excellent pair.

  • Key features : Open-source, customisable consent banners, integration with Matomo, works with over 220 services.
  • Pricing : You can deploy the open-source core for free, but Tarte au Citron offers three paid licenses starting at €190 for one year and reaching €690 for a lifetime license.

  How to implement cookie consent the right way

  Implementing cookie consent requires precision, time and effort. But doing it wrong can result in significant legal penalties and severe reputational damage, eroding user trust and impacting your brand’s standing. Here are the key dos and don’ts of consent :

  

  Provide clear and concise information

  Use plain language that is easy for anyone to understand. Avoid using technical terms or legal jargon that may confuse users.

  Prioritise transparency

  Be upfront about your data collection practices. Clearly state what data you collect, how you use it and who you share it with. Provide links to your privacy and cookie policies for users who want to learn more.

  Offer granular control

  Give users detailed control over as many of their cookie preferences as possible. Allow them to choose which categories of tracking cookies they consent to, such as strictly necessary, performance and marketing cookies.

  Implement user-friendly banners

  Ensure banners are prominently displayed, easy to understand, and use clear and concise language. Also, make sure they’re accessible to all users, including those with disabilities.

  Respect “do not track” settings

  It’s essential to honour users’ choices when they enable their “do not track” browser setting.

  Document consent

  Maintain a record of user consent. This will help you demonstrate compliance with data privacy regulations and provide evidence of user consent in case of an audit or investigation.

  Regularly review and update consent policies

  Review and update your customer consent policies regularly to ensure they comply with evolving data privacy regulations and reflect your current data collection practices.

  Cookie consent pitfalls to avoid

  Here are some common pitfalls to avoid that may lead to legal penalties, loss of user trust or inaccurate analytics :

  • Avoid lengthy and complicated explanations. Overwhelming users with dense legal jargon or overly technical details can lead to consent fatigue and reduce the likelihood of informed consent.
  • Don’t force users to accept all cookies or none. Blanket consent options violate user autonomy and fail to comply with regulations like the GDPR.
  • Don’t make information about your data collection practices hard to find. Hidden or buried privacy policies breed suspicion and erode trust.
  • Avoid pre-checking all cookie consents. Pre-checked boxes imply consent without explicit user action, which is not compliant with GDPR and similar regulations. Users must actively opt in, not out.

  Emerging consent management trends 

  Consent management is constantly evolving and driven by new technologies, regulations, and user expectations. Here are some emerging trends to watch out for in the short term :

  • Increased automation : AI and machine learning are helping automate consent management processes, making them more efficient and effective.
  • Enhanced user experience : CMPs are becoming more user-friendly, focusing on providing an intuitive experience.
  • Privacy-preserving analytics : CMPs are being integrated with privacy-preserving analytics platforms, such as Matomo, to enable organisations to gain insights into user behaviour without compromising privacy.
  • Google Consent Mode : In 2024, Google rolled out Consent Mode v2 to align with the Digital Markets Act. Due to upcoming privacy regulations, more versions may be coming soon.

  The Privacy Governance Report 2024 also highlights the increasing complexity of managing data privacy, with more than four in five privacy professionals taking on additional responsibilities in their existing roles. This trend will likely continue in the coming years as more privacy laws are enacted.

  Addressing upcoming privacy regulations

  Data privacy and user consent requirements continue to emerge and evolve. Businesses must stay informed and adapt their practices accordingly.

  

  In 2025, several new privacy regulations are going into effect, including :

  • New state-level privacy laws in eight US states :
    • Delaware (1 January 2025)
    • Iowa (1 January 2025)
    • Nebraska (1 January 2025)
    • New Hampshire (1 January 2025)
    • New Jersey (15 January 2025)
    • Tennessee (1 July 2025)
    • Minnesota (31 July 2025)
    • Maryland (1 October 2025)
  • The EU’s Artificial Intelligence Act (which will be implemented from 1 August 2024 through 2 August 2026) and other AI-focused regulations.
  • The UK Adequacy Decision Review has a deadline of 27 December 2025.

  Organisations that collect, process or otherwise handle data from Europe and the above-named US states should proactively prepare for these changes by :

  • Conducting regular privacy impact assessments
  • Reviewing consent mechanisms regularly
  • Implementing data minimisation strategies
  • Providing user-friendly privacy controls

  Future-proofing your consent management strategy

  CMPs are essential for managing consent preferences, protecting user privacy, and earning customers’ trust through transparency and ethical data practices.

  When choosing a CMP, you should consider key features such as integration capabilities, customisation options and user-friendly interfaces.

  Integrating a CMP with a privacy-first analytics solution like Matomo allows you to collect and analyse data in a way that’s compliant and respectful of user preferences. This combination helps maintain data integrity while demonstrating a strong commitment to privacy. 

  Start your 21-day free trial today.