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• GDPR Compliance Checklist : A Detailed Walkthrough

  14 septembre 2023, par Erin — GDPR

  As digital transformation drives global economies, data has become a valuable currency to businesses of all shapes and sizes. As a result, the complex issue of data privacy is often in the spotlight.

  The General Data Protection Regulation (GDPR) is the key legal framework in the European Union to protect individual privacy and regulate business data handling. 

  Compliance with the GDPR is not just a legal mandate, it’s also good business. An 86% majority of users want more control over their data and 47% of users have switched providers over data privacy concerns.

  To help guide your business decisions around user privacy, this article will cover the key principles of GDPR, including a comprehensive GDPR compliance checklist.

  The key principles and requirements of GDPR

  Before we can translate GDPR’s objectives into practical steps, let’s begin with the defining features and key principles.

  GDPR : An overview

  The GDPR bolsters and unifies data protection standards for everyone within the EU. Enacted in 2018, it represented a seismic shift for companies and public authorities alike in protecting personal information. Its primary objective is to offer greater control to individuals over their data and to hold organisations accountable for its protection.

  GDPR establishes a legal framework that mandates corporate compliance with key principles to ensure user data security, transparency and choice. It sets the terms for your organisation’s privacy practices and the landscape of legal obligations you must navigate in data handling. 

  Key principles of GDPR

  There are seven core principles pivotal to GDPR compliance, which provide a roadmap for ethical and legal data practices.

  

  • Lawfulness, fairness and transparency : This principle demands lawful and fair processing of personal data. Companies should be transparent about their data processing activities, providing clear information in an accessible form.
  • Purpose limitation : Personal data should be collected for explicit, legitimate purposes and not further processed in a way incompatible with those purposes. This demands careful planning of data processing activities.
  • Data minimisation : Companies should only collect personal data that are necessary for their specified purposes, as anything more than this is illegal. This principle emphasises the importance of limiting scope, rather than performing blanket data collection.
  • Accuracy : This principle calls for maintaining data that is accurate, up-to-date and not misleading. Regular internal audits and updates are crucial to following this principle.
  • Storage limitation : Personal data should only be kept for as long as necessary for the purposes for which it was collected. This underscores the need for a detailed retention policy in your GDPR compliance efforts.
  • Integrity and confidentiality : Companies should protect personal data from unauthorised or unlawful processing and accidental loss or damage. Your organisation’s technical security measures play a vital role in this.
  • Accountability : Organisations should be able to demonstrate their compliance with GDPR principles. This underscores the importance of records of processing activities and regular audits as part of your compliance checklist.

  The importance of GDPR compliance for businesses

  Embracing GDPR compliance isn’t merely a matter of avoiding penalties — it’s a commitment to principles that reflect integrity, transparency and respect for personal data. At Matomo, we champion these principles, empowering companies with powerful and compliant web analytics. We make the compliance journey accessible and straightforward, making sure website analytics aligns with legal obligations and ethical practices.

  The implications of non-compliance

  It’s easy to highlight the dramatic fines imposed on tech giants such as Google and Meta. However, it’s essential to recognise that GDPR compliance extends to all companies, including small businesses — for whom even smaller fines can have a significant impact.

  The implications of non-compliance aren’t limited to financial penalties alone, either. Failing to meet obligations can tarnish reputations, erode trust and hinder business activities. Non-compliance could lead to a breach of privacy policy, causing a ripple effect that may be challenging to overcome.

  The potential benefits of being GDPR compliant

  Adhering to GDPR regulations is more than a checkbox on a form — it’s a comprehensive approach to handling personal data responsibly. It fosters trust, opens doors to European customers and builds enduring relationships with individuals whose rights are protected. In fulfilling these obligations and practices, businesses not only meet legal requirements but also foster a culture of ethical conduct and business success.

  Comprehensive GDPR compliance checklist

  Ensuring GDPR compliance may seem like a complex task, but this detailed checklist will simplify your journey. From consent management to data security, we’ve got you covered.

  

  Establish personal data collection and consent management

  When it comes to GDPR compliance, not all consent is created equal. Two distinct forms exist : explicit consent and implied consent. But what exactly sets them apart, and why does it matter to your organisational measures ?

  Explicit consent from users means that the individual has unequivocally agreed to the processing of personal data. It’s an unambiguous agreement, often obtained through a deliberate action like ticking a box. Details are paramount, as the person giving consent must be fully informed about the processing activities.

  • Inform clearly : Use plain language to explain how data will be used and be transparent about processing practices.
  • Obtain active agreement : Use forms or checkboxes (not pre-ticked boxes) to ensure active participation and that you are obtaining explicit user consent.
  • Document it : Keep records of consent, including when and how it was obtained, as a crucial part of your compliance efforts.
  • Facilitate withdrawal : Use consent mechanisms that allow for easy withdrawal of consent for users who decide to opt out.
  • Manage consent forms : Tools like Matomo’s Consent Management Platform can provide accessible forms that not only enhance transparency but also empower individuals, allowing them to feel in control of their details and rights.

  Facilitate data subject rights and access requests

  GDPR emphasises individual rights by empowering users with control over their personal data processing. Here’s a succinct breakdown :

  • Know the rights of individuals : GDPR outlines individual rights such as data access, error rectification, erasure and data portability, allowing individuals to guide how their details are used, processed or shared.
  • Simplify complying with access requests : Companies must respond to access requests efficiently, usually within one month, without undue delay, reflecting organisational measures of respect.
  • Employ ethical and compliant digital analytics : As a leader in ethical web analytics, Matomo subtly aids in compliance efforts, protecting privacy without compromising functionality.

  These practices align with a modern understanding of privacy, emphasising more than legal obligations. By employing Matomo, companies simplify the processing of access requests, which fosters transparency and user control over personal data.

  Implement clear data privacy practices

  Data privacy and consent mechanisms are key tools for compliance. Crafting a comprehensive privacy policy helps protect individuals’ rights and provides integrity in personal data processing. Designing sites and applications with data protection in mind ensures your compliance from the ground-up.

  • Create an easy to understand privacy policy : Create a clear, GDPR-compliant privacy policy that details processing activities, storage limitations and organisational measures, all in plain language. 

  By implementing these steps, companies not only adhere to their legal obligations but also foster an inclusive community that values privacy and ethics. Whether you’re an IT professional or marketer, Matomo’s platform can guide you through the maze of GDPR complexities, inspiring positive change towards responsible data handling.

  Implement data storage limitations and robust security

  Data storage and security are foundational elements of compliance efforts. Companies must foster a proactive approach to preventing data breaches by understanding potential cyberthreats and enforcing appropriate security controls across applications and infrastructures.

  

  • Implement storage limitations : Define limitations on time and scope to avert undue retention and protect personal details.
  • Embrace technical security : Utilise secure processes like encryption, access controls, firewalls and so on, bolstering protection by design.
  • Establish a comprehensive security policy : Align security practices with privacy laws and regulations, including GDPR.
  • React swiftly to personal data breaches : A security breach requires an immediate response, without undue delay, to honour legal obligations and maintain customer trust. Develop a plan for notifying supervisory authorities and affected individuals promptly in the event of a personal data breach.

  Security measures for personal data are about more than just fulfilling legal obligations — they’re about building a safe and ethical digital ecosystem that instils confidence in customers.

  Keep cross-border data transfers in mind

  Cross-border data transfers present a unique challenge, with increased complexity due to varying data privacy laws across regions. You must understand the respective regulations of participating countries and align your compliance practices appropriately to respect all that are relevant to your organisation. 

  For example, data privacy laws in the US are generally more lax than the GDPR so US companies taking on EU customers must hold themselves to a higher standard, with stricter controls placed on their data processing practices.

  • Evaluate third-party services : For companies utilising global networks of third-party services, be sure to select providers that maintain ongoing knowledge and vigilance towards privacy law compliance. Platforms like Matomo that innately prioritise transparency and privacy, have implemented robust security measures, and document transfers diligently are worth considering. 

  Conduct internal audits and compliance checks

  Compliance is not a “one and done” setup, but an ongoing journey requiring regular internal audits. Systems settings can drift over time, and datasets can become increasingly complex as companies scale. Human error happens, too. Audits identify gaps in your compliance efforts to guide actionable improvements. 

  • Conduct regular audits : Stay proactive with internal audits and systematic monitoring, adapting policies to align with privacy laws. Clarity in privacy notices and cookie banners fosters confidence, while regular assessments ensure alignment with GDPR requirements.
  • Ensure transparency : Platforms like Matomo simplify audits, offering valuable insights and support for ethical web analytics and transparency. The right platform can increase visibility and make generating your reports easier. Integrating these processes guarantees GDPR-aligned measures while emphasising data ownership and customer-centric values.
  • Educate and train staff : Engage in ongoing staff education and training on GDPR compliance, privacy policies, and their related responsibilities.

  

  Case study : GDPR compliance in action

  Achieving compliance with the General Data Protection Regulation (GDPR) stands as a paramount concern for businesses worldwide. Both small and large companies have embarked on this journey, implementing measures and revising privacy policies to conform to these regulations.

  Typeform

  Based in Ireland, Typeform, a company dealing with online forms, took GDPR compliance very seriously. Here’s how they achieved it :

  1. Conducting a data protection impact assessment (DPIA) : This vital step helped them assess personal data breach risks and enabled systematic monitoring of potential challenges.
  2. Implementing technical and organisational measures : Security measures such as encryption, access control and drafting a security policy reinforced their personal data processing mechanisms.
  3. Revamping privacy policy : They transformed their privacy policy with accessible, plain language, making it clear and user-friendly.
  4. Appointing a data protection officer (DPO) : This aligned with their core activities and strengthened their compliance efforts.

  The benefits for Typeform were profound :

  • Enhanced customer trust and confidence
  • Reduced risk of fines and penalties
  • Bolstered data security and privacy
  • Improved brand reputation, positioning them favourably among European customers

  Ensuring GDPR Compliance with Matomo Analytics

  Matomo is more than just an analytics platform ; it is a trusted guide in the realm of data privacy. Our mission is to empower users with full data ownership, fostering an inclusive digital community built on trust and transparency. Our suite of features has been meticulously designed to align with GDPR regulations, ensuring that businesses can navigate the complexities of compliance with ease and confidence.

  1. Data Anonymisation

  Matomo’s focus on ethical digital analytics means the platform allows for the anonymisation of user data, ensuring that individual identities remain protected.

  2. Robust GDPR Management

  Beyond just a GDPR Manager, Matomo provides an encompassing framework to streamline compliance activities. From managing user consent to meticulous record-keeping of processing activities, Matomo ensures you are always a step ahead.

  3. User Empowerment with Opt-Out Capabilities

  Matomo respects user choices. The platform offers users an easy way to opt-out of all tracking, giving them control over their data.

  4. First-party Cookies as the Standard

  By using first-party cookies by default, Matomo ensures data remains with the website owner, minimising potential breaches or misuse.

  5. Transparent Data Collection Practices

  Users have the right to know their data. With Matomo, they can view the exact data being collected, reinforcing a transparent relationship between businesses and their users.

  6. Visitor Data Management

  Upon request, Matomo offers capabilities to delete visitor data, aligning with the GDPR’s right to be forgotten.

  7. Data Ownership and Privacy Assurance

  Unlike other web analytics platforms, with Matomo, you retain full ownership of your data and can rest assured that it is not being used for other purposes such as advertising.

  8. IP Anonymisation

  Protecting user location details, Matomo anonymises IP addresses, adding an additional layer of privacy.

  9. Customisable Data Visualisation

  Recognising that not all data is essential, Matomo allows the disabling of visitor logs and profiles, giving businesses the flexibility to decide what data they track.

  By taking a holistic approach to GDPR compliance, Matomo streamlines the processes for you and ensures you follow the legal and ethical best practices.

  

  Start your GDPR compliance journey today

  The global focus on data privacy requires using a GDPR compliance checklist. With 137 countries implementing data protection laws (UN), companies must align with international standards. Compliance, after all, goes beyond avoiding breaches— it’s about upholding privacy and building trust.

  As your trusted guide, Matomo invites you on this GDPR journey. With us, you’ll uphold privacy obligations and manage your processing activities effectively. Compliance isn’t a one-time task but a continuous journey to enhance practices and align with individual rights. Start this vital journey with Matomo today. Try it free for 21-days. 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.

• How to Track Website Visitors : Benefits, Tools and FAQs

  31 août 2023, par Erin — Analytics Tips, Marketing

  Businesses spend a ton of time, money and effort into creating websites that are not only helpful and captivating, but also highly effective at converting visitors. They’ll create content, revise designs, add new pages and change forms, all in the hope of getting visitors to stay on the site and convert into leads or customers.

  When you track website visitors, you can see which of your efforts are moving the needle. While many people are familiar with pageviews as a metric, website visitor tracking can be much more in-depth and insightful.

  In this article, we’ll cover how website visitor tracking works, what you can track, and how this information can improve sales and marketing results. We’ll also explain global privacy concerns and how businesses can choose the right tracking software. 

  What is website visitor tracking ? 

  Website visitor tracking uses software and applications to track and analyse how visitors interact with your website. It’s a vital tool to help businesses understand whether their website design and content are having the desired effect.

  

  Website visitor tracking includes very broad, non-specific data, like how many times visitors have come to your site. But it can also get very specific, with personal information about the user and even recordings of their visit to your site. Site visits, which may include visiting several different pages of the same site, are often referred to as “sessions.”

  Although Google Analytics is the most widely used website visitor tracking software, it isn’t the most comprehensive or powerful. Companies that want a more in-depth understanding of their website may need to consider running a more precise tool alongside Google Analytics, like Matomo.

  As we’ll cover later, website tracking has many important business applications, but it also poses privacy and security concerns, causing some states and countries to impose strict regulations. Privacy laws and your company’s values should also impact what web analytics tool you choose.

  How website tracking works

  Website tracking starts with the collection of data as users interact with the website. Tracking technologies like cookies, JavaScript and pixels are embedded into web pages. These technologies then gather data about user behaviour, session details and user actions, such as pageviews, clicks, form submissions and more.

  More advanced tracking systems assign unique identifiers (such as cookies or visitor IDs) to individual users. This enables tracking of user journeys across multiple sessions and pages. These detailed journeys can often tell a different story and provide different insights than aggregated numbers do. 

  All this collected data is transmitted from the user’s browser to a centralised tracking system, which can be a third-party web analytics tool or a self-hosted solution. The collected data is stored in databases and processed to generate meaningful insights. This process involves organising the data, aggregating metrics, and creating reports.

  Analytics tools process the collected data to generate reports and visualisations that provide insights into user behaviour. Metrics such as pageviews, bounce rates, conversion rates and user paths are analysed. Good web analytics tools are able to present these insights in a user-friendly way. Analysts and marketing professionals then use this knowledge to make informed decisions to improve the user experience (UX).

  Advanced tracking systems allow data segmentation and filtering based on various criteria, such as user demographics, traffic sources, devices and more. This enables deeper analysis of specific user groups. For example, you might find that your conversion rate is much lower when your website is viewed on a mobile device. You can then dig deeper into that segment of data to find out why and experiment with changes that might increase mobile conversions.

  3 types of website tracking and their benefits

  There are three main categories of website tracking, and they each provide different information that can be used by sales, marketing, engineering and others. Here, we cover those three types and how businesses use them to understand customers and create better experiences.

  Website analytics 

  Website analytics is all about understanding the traffic your website receives. This type of tracking allows you to learn how the website performs based on pageviews, real-time traffic, bounce rate and conversions. 

  For example, you would use website analytics to determine how effectively your homepage drives people toward a product or pricing page. You can use pageviews and previous page statistics to learn how many people who land on your homepage read your blog posts. From there, you could use web analytics to determine the conversion rate of the call to action at the end of each article.

  

  User behaviour

  While website analytics focuses on the website’s performance, user behaviour tracking is about monitoring and quantifying user behaviour. One of the most obvious aspects of user behaviour is what they click on, but there are many other actions you can track. 

  The time a user spends on a page can help you determine whether the content on the page is engaging. Some tracking tools can also measure how far down the page a user scrolls, which reveals whether some content is even being seen. 

  Session recordings are another popular tool for analysing user behaviour. They not only show concrete actions, like clicks, but can also show how the user moves throughout the page. Where do they stop ? What do they scroll right past ? This is one example of how user behaviour data can be quantitative or qualitative.

  Visitor information

  Tracking can also include gathering or uncovering information about visitors to your site. This might include demographic information, such as language and location, or details like what device a website visitor is using and on which browser they view your website. 

  This type of data helps your web and marketing teams make better decisions about how to design and format the site. If you know, for example, that the website for your business-to-business (B2B) software is overwhelmingly viewed on desktop computers, that will affect how you structure your pages and choose images. 

  Similarly, if visitor information tells you that you have a significant audience in France, your marketing team might develop new content to appeal to those potential customers.

  Use website visitor tracking to improve marketing, sales and UX 

  Website visitor tracking has various applications for different parts of your business, from marketing to sales and much more. When you understand the impact tracking has on different teams, you can better evaluate your company’s needs and build buy-in among stakeholders.

  Marketing

  At many companies, the marketing team owns and determines what kind of content is on your website. From landing pages to blog posts to the navigation bar, you want to create an experience that drives people toward making a purchase. When marketers can track website visitors, they can get a real look at how visitors respond to and engage with their marketing efforts. Pageviews, conversion rates and time spent on pages help them better understand what your customers care about and what messaging resonates.

  But web analytics can even help marketing teams better understand how their external marketing campaigns are performing. Tracking tools like Matomo reveal your most important traffic sources. The term “traffic source” refers to the content or web property from which someone arrives at your site. 

  For instance, you might notice that an older page got a big boost in traffic this month. You can then check the traffic sources, where you find that an influential LinkedIn user posted a link to the page. This presents an opportunity to adjust the influencer or social media aspects of your marketing strategy.

  

  Beyond traffic sources, Matomo can provide a visual user journey (also known as User Flow), showing which pages visitors tend to view in a session and even in what order they progress. This gives you a bird’s-eye view of the customer journey.

  Sales

  Just like your marketing team, your sales team can benefit from tracking and analysing website visitor information. Data about user behaviour and visitor demographics helps sales representatives better understand the people they’re talking to. Segmented visitor tracking data can even provide clues as to how to appeal to different buyer personas.

  Sales leadership can use web analytics to gauge interest over time, tie visitors to revenue and develop more accurate sales forecasts and goals. 

  

  And it’s not just aggregated website tracking data that your sales team can use to better serve customers. They can also use insights about an individual visitor to tailor their approach. Matomo’s Visits Log report and Visitor Profiles allow you to see which pages a prospect has viewed. This tells your sales team which products and features the prospect is most interested in, leading to more relevant interactions and more effective sales efforts.

  User experience and web development

  The way users interact with and experience your website has a big impact on their impression of your brand and, ultimately, whether they become customers. While marketing often controls much of a website’s content, the backend and technical operation of the site usually falls to a web development or engineering team. Website analytics and tracking inform their work, too.

  Along with data about website traffic and conversion rates, web development teams often monitor bounce rates (the percentage of people who leave your website entirely after landing on a page) and page load time (the time it takes for an individual web page to load for a user). Besides the fact that slow loading times inconvenience visitors, they can also negatively affect your search engine optimization (SEO).

  

  Along with session recordings, user experience teams and web developers may use heatmaps to find out what parts of a page draw a visitor’s attention and where they are most likely to convert or take some other action. They can then use these insights to make a web page more intuitive and useful.

  Visitor tracking and privacy regulations 

  There are different data privacy standards in other parts of the world, which are designed to ensure that businesses collect and use consumer data ethically. The most-discussed of these privacy standards is the General Data Protection Regulation (GDPR), which was instituted by the European Union (EU) but affects businesses worldwide. However, it’s important to note that individual countries or states can have different privacy laws.

  Many privacy laws govern how websites can use cookies to track visitors. With a user’s consent, cookies can help websites identify and remember visitors. However, many web visitors will reject cookie consent banners. When this happens, analysts and marketers can’t collect information from these visitors and have to work with incomplete tracking data. Incomplete data leads to poor decision-making. What’s more, cookie consent banners can create a poor user experience and often annoy web visitors.

  With Matomo’s industry-leading measures to protect user privacy, France’s data protection agency (CNIL) has confirmed that Matomo is exempt from tracking consent in France. Matomo users have peace of mind knowing they can uphold the GDPR and collect data without needing to collect and track cookie consent. Only in Germany and the UK are cookie consent banners still required.

  Choosing user tracking software

  The benefits and value of tracking website visitors are enormous, but not all tracking software is equal. Different tools have different core functionalities. For instance, some focus on user behaviour over traditional web analytics. Others offer detailed website performance data but offer little in the way of visitor information. It’s a good idea to start by identifying your company’s most important tracking goals.

  Along with core features, look for useful tools to experiment with and optimise your website with. For example, Matomo enables A/B testing while many other tools do not.

  

  Along with users of your website, you also need to think about the employees who will be using the tracking software. The interface can have a big impact on the value you get from a tool. Matomo’s session recording functionality, for example, not only provides you with video but with a colour-coded timeline identifying important user actions.

  

  Privacy standards and compliance should also be a part of the conversation. Different tools use different tracking methods, impacting accuracy and security and can even cause legal trouble. You should consider which data privacy laws you are subject to, as well as the privacy expectations of your users.

  

  Some industries have especially high data security standards. Government and healthcare organisations, for example, may require visitor tracking software that is hosted on their premises. While there are many purely cloud-based software-as-a-service (SaaS) tracking tools, Matomo is available both On-Premise (also known as self-hosted) and in the Cloud.

  Frequently asked questions

  Here are answers to some of people’s most common questions about tracking website visitors.

  Can you track who visited your website ?

  In most cases, tracking your website’s traffic is possible. Still, the extent of the tracking depends on the visitor-tracking technology you use and the privacy settings and precautions the visitor uses. For example, some technologies can pinpoint users by IP address. In other cases, you may only have access to anonymized data.

  Is it legal to track someone’s IP address ?

  It is legal for websites and businesses to track someone’s IP address in the sense that they can identify that someone from the same IP address is visiting a page repeatedly. Under the General Data Protection Regulation (GDPR), IP addresses are considered personally identifiable information (PII). The GDPR mandates that websites only log and store a user’s IP address with the user’s consent.

  How do you find where visitors are clicking the most ?

  Heatmap tools are among the most common tools for learning where visitors click the most on your website. Heatmaps use colour-coding to show what parts of a web page users either click on or hover over the most.

  Unique tracking URLs are another way to determine what part of your website gets the most clicks. For example, if you have three links on a page that all go to the same destination, you can use tracking links to determine how many clicks each link generates.

  Matomo also offers a Tag Manager within the platform that lets you manage and unify all your tracking and marketing tags to find out where visitors are clicking.

  What is the best tool for website visitor tracking ?

  Like most tools, the best website visitor tracking tool depends on your needs. Each tool offers different functionalities, user interfaces and different levels of accuracy and privacy. Matomo is a good choice for companies that value privacy, compliance and accuracy.

  Tracking for powerful insights and better performance

  Tracking website visitors is now a well-ingrained part of business operations. From sales reps seeking to understand their leads to marketers honing their ad spend, tracking helps teams do their jobs better.

  Take the time to consider what you want to learn from website tracking and let those priorities guide your choice of visitor tracking software. Whatever your industry or needs, user privacy and compliance must be a priority.

  Find out how much detail and insight Matomo can give you with our free 21-day trial — no credit card required.

• LGPD : Demystifying Brazil’s New Data Protection Law

  31 août 2023, par Erin — Privacy

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

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

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

  What is the LGPD ?

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

  

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

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

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

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

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

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

  So, what does this all mean ? 

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

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

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

  What are the nine LGPD data subject rights ?

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

  

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

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

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

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

  Under what conditions can personal data in Brazil be processed ?

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

  

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

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

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

  LGPD vs. GDPR : How do they differ ?

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

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

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

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

  6 steps to LGPD compliance with Matomo

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

  

  Let’s dive in.

  1. Appoint a DPO

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

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

  2. Assess your data

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

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

  

  3. Review privacy practices

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

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

  4. Anonymize tracking data

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

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

  

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

  5. Comply with LGPD consent laws without cookies

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

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

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

  6. Give users the right to opt-out

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

  

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

  Achieve LGPD compliance with Matomo

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

  

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

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

  Disclaimer

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