Wordt het gebruik van Google Analytics verboden in Nederland? En hoe zit het met andere Amerikaanse marketingtools? Lees snel verder.
Third party cookies are disappearing
Third party cookies are disappearing as online privacy becomes increasingly important. In 2018, the Algemene Verordening Gegevensbescherming (AVG), the Dutch version of the General Data Protection Regulation (GDPR), came into force. This was the reason why you suddenly saw cookie notifications appearing everywhere. These pop-ups report the use of certain cookies and ask permission to deploy others.
Web browser Firefox adapted their cookie protocol soon after. In 2020, Apple blocked all third-party cookies in Safari and in 2021, Apple ensured that mobile apps must also always ask permission to track you on other apps and websites. Google will block all third-party cookies in Chrome and in Android in autumn 2024.
What do marketers use third-party cookies for? Although third-party cookies are disappearing, they are still widely used by marketers. A survey by the DDMA in 2021 showed that 94% of marketers still deployed third-party cookies for measuring web statistics (mainly Google Analytics cookies). In addition, marketers still used them plenty for measuring marketing performance (86%), retargeting (79%), building customer profiles (65%) and setting up A/B testing or on-site personalisation (60%). Only 2% of marketers surveyed said they do not use third-party cookies.
First-party data
First-party data is data about your website visits that parties process and store themselves and that they can use to improve user experiences. For example, parties do not have to ask permission for first-party cookies that remember which language setting you chose during a surfing session. Also, parties with whom you 'do business' may store your order history or your call history with customer service to better serve you. This type of data needs to be analysed to provide relevant (marketing) insights.
Zero party data
Zero-party data is the explicit data that you yourself share about your identity. Like your date of birth, because then you can get a free tompouce at HEMA. Or data about your energy consumption, so you can see how much gas and electricity you use in your energy supplier's app. Or your interest in certain products, if you create an account somewhere so you can keep a wish list or get personalised advice.
Which cookies are allowed?
What was the situation again? Weren't Google Analytics cookies precisely the only third-party cookies allowed under the AVG / GDPR?
Always allowed are functional cookies. These ensure that a website works properly. For example, the website remembers which items you put in your shopping basket while you continue shopping, in which language you want to use the website or that you are logged in. Or the cookie that remembers whether or not you object to the use of cookies.
Functional cookies are actually almost always first-party cookies. Some websites may involve functional third-party cookies, for example if the website uses plugins to provide the function, such as Woocommerce for e-commerce. Functional third-party cookies are also essential for online payments. The website then sends information to the online payment service, such as Adyen or PayPal, which also sends data back so that the shop can verify your payments.
Third-party cookies and the AVG
Analytical cookies are cookies that allow website owners to improve their websites. This gives them better insight into how the website works. Websites often use third-party cookies to keep track of visitor statistics, for example.
Although in other European countries you have to ask permission for this, the Dutch government states that these analytical cookies have hardly any privacy implications. Therefore, until Google Analytics is banned, you do not have to ask permission for their third-party cookies as long as you have adjusted certain settings in Google Analytics.
Therefore, if the data is anonymised, the website owner is not obliged to place a cookie notice about analytical cookies. However, he must mention the use of analytical cookies in the privacy statement.
Tracking cookies or marketing cookies have required consent since 2018 because they infringe on someone's privacy. For example, they allow Zalando to show you advertisements on Facebook or in a mobile app of the shoes you have just looked at, but not bought.
They also allow AI algorithms to combine data. Among marketers, there is a typical example that is always cited when it comes to artificial intelligence and data capture. Namely of the furious father who received a pregnancy pack from a supermarket, which - even before the daughter herself knew - had concluded from her purchases that she was pregnant.
The problem of Google Analytics cookies
The problem with Google Analytics cookies? If you don't proactively adjust Google Analytics settings (for example, according to the DDMA manual), then tracking is involved.
Also, Google Analytics does not anonymise personal data. By turning on 'Anonymise IP', Google scrambles (hashing) the digits of a person's IP address. But that thus produces pseudonyms and does not make the data anonymous. Thus, Google can still track you across multiple devices. Moreover, it is not clear whether this happens before the data is sent to US servers and Google itself holds the key to trace IP addresses. If you use or even link Google Analytics together with other Google marketing services, the chance of tracking within a large number of websites according to the DDMA is still very high.