Furthermore, the text explains that “in order to be exempt from consent, these cookies or similar technologies must not result in data being matched with other processing operations or data being transmitted to third parties. In addition, they must not allow aggregate tracking of the person’s navigation using different applications or browsing different websites. Any solution that uses the same identifier on multiple sites (for example, through cookies placed on a third-party domain loaded by multiple sites) to cross-reference, duplicate or measure a unified reach rate of a content is therefore excluded . ”
In this way, the AEPD begins the year by changing the course of action for a large number of websites that find themselves in this situation, and which see before them the possibility of avoiding the always uncomfortable cookie acceptance banner for their users.
Because… what does the AEPD consider to be cookies exempt from consent? We start from a framework in which in July 2023 the Agency explained that “if the cookies intended to be used are not necessary belgium number data for the operation of the service or application , users must be allowed to give their consent before downloading the service or application”. Now, what the new text does is further define what it considers to be cookies necessary for the operation of the website or app in relation to traffic measurement.
In its publication, the AEPD considers that for the correct administration of a site only the following measurements are strictly necessary:
Audience measurement, page by page
The list of pages from which a link was followed to request the current page (sometimes called the "referrer"), whether internal or external to the site, per page and aggregated daily
Determining the type of device, browser, and screen size of visitors, per page and aggregated daily
Page load time statistics, per page and aggregated by hour
Statistics on time spent on each page, bounce rate, scroll depth, per page and aggregated daily.
Statistics on user actions (clicks, clicks), per page and aggregated daily
Statistics on the geographic area of origin of requests, by page and aggregated daily.
And in any other case, the user's consent should be obtained.