Website visitors in Europe have the right to use websites without being tracked. Personal data may include information about who they are, where they are located, and what other websites they visit.
Legal basis in Europe
Nobody wants to be spied on while they go about their daily life. That’s why we have the GDPR (General Data Protection Regulation) of the European Union and the Swiss Federal Data Protection Act (revDSG). All companies and online service providers are obliged to comply with these laws, and I support my clients in implementing the necessary technology on their websites.
Advice for simpler solutions
The topic is complex and can be tedious. I make it easier for my clients, by offering consultations to ensure the simplest and most legally compliant solution for their websites. The costs for a project-specific analysis and consultation start at just CHF 150.
In brief, the following aspects must be considered by website operators:
- Cookies that are set by the website and are not strictly necessary for the proper functioning of the website («Legitimate Use»).
- Analytics tools that share visitor data with third parties, such as Google Analytics.
- Embedded content, files or fonts from third parties such as (but not limited to) Google Maps, YouTube or Facebook.
If any of these points apply, a customer must offer visitors a suitable opportunity to refuse the corresponding functions.
In the event of complex requirements, I recommend using Complianz: a WordPress plugin that provides various configuration options for a compliant cookie banner.
Why do you need a cookie banner?
To comply with legal privacy requirements, a website might need to implement a cookie banner that clearly informs visitors about their rights and allows them to make an informed decision about whether or not to consent to data collection. A cookie banner is especially important when visitor data is collected and sent to third parties like Google.
A well-founded decision is mandatory
Clicking “Accept” on a confusing or incorrectly configured cookie banner often does not constitute informed consent. A legal expert will point out that the visitor was not sufficiently informed and their consent is therefore invalid.
That’s why I recommend a simpler solution for your WordPress website. With a consultation, we will quickly find the right solution for you.
Your duty to your visitors
- Visitors from Switzerland (revDSG since 2023): Explicit consent for the collection of data and the use of analytics cookies is required where personal data is collected or transmitted to third parties (e.g., Google) and tracking goes beyond what is technically necessary. Transparency and an opt-out must be guaranteed.
- Visitors from the EU (GDPR + ePrivacy): For all non-essential cookies and tracking tags (analytics, ads, etc.) you need prior consent via a cookie banner (opt-in).
- Other international visitors: Visitors outside CH/EU are subject to local law, but the standard is usually the EU-compliant solution, as it is the strictest.
