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• LGPD : Demystifying Brazil’s New Data Protection Law

  31 août 2023, par Erin — Privacy

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

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

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

  What is the LGPD ?

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

  

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

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

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

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

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

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

  So, what does this all mean ? 

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

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

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

  What are the nine LGPD data subject rights ?

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

  

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

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

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

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

  Under what conditions can personal data in Brazil be processed ?

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

  

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

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

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

  LGPD vs. GDPR : How do they differ ?

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

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

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

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

  6 steps to LGPD compliance with Matomo

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

  

  Let’s dive in.

  1. Appoint a DPO

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

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

  2. Assess your data

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

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

  

  3. Review privacy practices

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

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

  4. Anonymize tracking data

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

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

  

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

  5. Comply with LGPD consent laws without cookies

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

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

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

  6. Give users the right to opt-out

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

  

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

  Achieve LGPD compliance with Matomo

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

  

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

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

  Disclaimer

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

• Protecting consumer privacy : How to ensure CCPA compliance

  18 août 2023, par Erin — CCPA, Privacy

  The California Consumer Privacy Act (CCPA) is a state law that enhances privacy rights and consumer protection for residents of California. 

  It grants consumers six rights, like the right to know what personal information is being collected about them by businesses and others. 

  CCPA also requires businesses to provide notice of data collection practices. Consumers can choose to opt out of the sale of their data. 

  In this article, we’ll learn more about the scope of CCPA, the penalties for non-compliance and how our web analytics tool, Matomo, can help you create a CCPA-compliant framework.

  What is the CCPA ? 

  CCPA was implemented on January 1, 2020. It ensures that businesses securely handle individuals’ personal information and respect their privacy in the digital ecosystem. 

  

  CCPA addresses the growing concerns over privacy and data protection ; 40% of US consumers share that they’re worried about digital privacy. With the increasing amount of personal information being collected and shared by businesses, there was a need to establish regulations to provide individuals with more control and transparency over their data. 

  CCPA aims to protect consumer privacy rights and promote greater accountability from businesses when handling personal information.

  Scope of CCPA 

  The scope of CCPA includes for-profit businesses that collect personal information from California residents, regardless of where you run the business from.

  It defines three thresholds that determine the inclusion criteria for businesses subject to CCPA regulations. 

  Businesses need to abide by CCPA if they meet any of the three options :

  1. Revenue threshold : Have an annual gross revenue of over $25 million.
  2. Consumer threshold : Businesses that purchase, sell or distribute the personal information of 100,000 or more consumers, households or devices.
  3. Data threshold : Businesses that earn at least half of their revenue annually from selling the personal information of California residents.

  What are the six consumer rights under the CCPA ? 

  Here’s a short description of the six consumer rights. 

  

  1. Right to know : Under this right, you can ask a business to disclose specific personal information they collect about you and the categories of sources of the information. You can also know the purpose of collection and to which third-party the business will disclose this info. This allows consumers to understand what information is being held and how it is used. You can request this info for free twice a year.
  2. Right to delete : Consumers can request the deletion of their personal information. Companies must comply with some exceptions.
  3. Right to opt-out : Consumers can deny the sale of their personal information. Companies must provide a link on their homepage for users to exercise this right. After you choose this, companies can’t sell your data unless you authorise them to do so later.
  4. Right to non-discrimination : Consumers cannot be discriminated against for exercising their CCPA rights. For instance, a company cannot charge different prices, provide a different quality of service or deny services.
  5. Right to correct : Consumers can request to correct inaccurate personal information.

  6. Right to limit use : Consumers can specify how they want the businesses to use their sensitive personal information. This includes social security numbers, financial account details, precise geolocation data or genetic data. Consumers can direct businesses to use this sensitive information only for specific purposes, such as providing the requested services.

  Penalties for CCPA non-compliance 

  52% of organisations have yet to adopt CCPA principles as of 2022. Non-compliance can attract penalties.

  

  Section 1798.155 of the CCPA states that any business that doesn’t comply with CCPA’s terms can face penalties based on the consumer’s private right to action. Consumers can directly take the company to the civil court and don’t need prosecutors’ interventions. 

  Businesses get a chance of 30 days to make amends for their actions. 

  If that’s also not possible, the business may receive a civil penalty of up to $2,500 per violation. Violations can be of any kind, even accidental. An intentional violation can attract a fine of $7,500. 

  Consumers can also initiate private lawsuits to claim damages that range from $100 to $750, or actual damages (whichever is higher), for each occurrence of their unredacted and unencrypted data being breached on a business’s server.

  CCPA vs. GDPR 

  Both CCPA and GDPR aim to enhance individuals’ control over their personal information and provide transparency about how their data is collected, used and shared. The comparison between the CCPA and GDPR is crucial in understanding the regulatory framework of data protection laws.

  Here’s how CCPA and GDPR differ :

  Scope

  • CCPA is for businesses that meet specific criteria and collect personal information from California residents. 
  • GDPR (General Data Protection Regulation) applies to businesses that process the personal data of citizens and residents of the European Union.

  Definition of personal information

  • CCPA includes personal information broadly, including identifiers such as IP addresses and households. Examples include name, email id, location and browsing history. However, it excludes HIPAA-protected medical data, clinical trial data and other personal information from government records.
  • GDPR covers any personal data relating to an identified or identifiable individual, excluding households. Examples include the phone number, email address and personal identification number. It excludes anonymous and deceased person’s data.

  

  Consent

  • Under the CCPA, consumers can opt out of the sale of their personal information.
  • GDPR states that organisations should obtain explicit consent from individuals for processing their personal data.

  Rights

  • CCPA grants the right to know what personal information is being collected and the right to request deletion of their personal information.
  • GDPR also gives individuals various rights, such as the right to access and rectify their personal data, the right to erasure (also known as the right to be forgotten) and also the right to data portability. 

  Enforcement

  • For CCPA, businesses may have to pay $7,500 for each violation. 
  • GDPR has stricter penalties for non-compliance, with fines of up to 4% of the global annual revenue of a company or €20 million, whichever is higher.

  A 5-step CCPA compliance framework 

  Here’s a simple framework you can follow to ensure compliance with CCPA. Alongside this, we’ll also share how Matomo can help. 

  Matomo is an open-source web analytics platform trusted by organisations like the United Nations, NASA and more. It provides valuable insights into website traffic, visitor behaviour and marketing effectiveness. More than 1 million websites and apps (approximately 1% of the internet !) use our solution, and it’s available in 50+ languages. Below, we’ll share how you can use Matomo to be CCPA compliant.

  1. Assess data

  First, familiarise yourself with the California Consumer Privacy Act and check your eligibility for CCPA compliance. 

  For example, as mentioned earlier, one threshold is : purchases, receives or sells the personal data of 100,000 or more individuals or households. 

  But how do you know if you have crossed 100K ? With Matomo ! 

  Go to last year’s calendar, select visitors, then go to locations and under the “Region” option, check for California. If you’ve crossed 100K visitors, you know you have to become CCPA compliant.

  

  Identify and assess the personal information you collect with Matomo.

  2. Evaluate privacy practices

  Review the current state of your privacy policies and practices. Conduct a thorough assessment of data sharing and third-party agreements. Then, update policies and procedures to align with CCPA requirements.

  For example, you can anonymise IP addresses with Matomo to ensure that user data collected for web analytics purposes cannot be used to trace back to specific individuals.

  

  If you have a consent management solution to honour user requests for data privacy, you can also integrate Matomo with it. 

  3. Communicate 

  Inform consumers about their CCPA rights and how you handle their data.

  Establish procedures for handling consumer requests and obtaining consent. For example, you can add an opt-out form on your website with Matomo. Or you can also use Matomo to disable cookies from your website.

  

  Documenting your compliance efforts, including consumer requests and how you responded to them, is a good idea. Finally, educate staff on CCPA compliance and their responsibilities to work collaboratively.

  4. Review vendor contracts

  Assessing vendor contracts allows you to determine if they include necessary data processing agreements. You can also identify if vendors are sharing personal information with third parties, which could pose a compliance risk. Verify if vendors have adequate security measures in place to protect the personal data they handle.

  That’s why you can review and update agreements to include provisions for data protection, privacy and CCPA requirements.

  Establish procedures to monitor and review vendor compliance with CCPA regularly. This may include conducting audits, requesting certifications and implementing controls to mitigate risks associated with vendors handling personal data.

  5. Engage legal counsel

  Consider consulting with legal counsel to ensure complete understanding and compliance with CCPA regulations.

  Finally, stay updated on any changes or developments related to CCPA and adjust your compliance efforts accordingly.

  Matomo and CCPA compliance 

  There’s an increasing emphasis on privacy regulations like CCPA. Matomo offers a robust solution that allows businesses to be CCPA-compliant without sacrificing the ability to track and analyse crucial data.

  You can gain in-depth insights into user behaviour and website performance — all while prioritising data protection and privacy. 

  Request a demo or sign up for a free 21-day trial to get started with our powerful CCPA-compliant web analytics platform — 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 CCPA. We encourage every business and website to take data privacy seriously and discuss these issues with your lawyer if you have any concerns.

• 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.