<p><span class="fw-semibold" style="color: #808080; font-size: 18pt;">In a recent LinkedIn debate with esteemed Data Protection Officers (DPOs) and privacy lawyers, I was struck by the pervasive confusion surrounding compliance with the GDPR and the ePrivacy Directive. A glaring issue emerged: many professionals focus solely on the responsibilities of businesses while overlooking the accountability of solution suppliers.</span></p>
<p>This imbalance leads not only to frustration but also to widespread non-compliance. How can businesses be expected to comply when the tools they depend on are inherently non-compliant? It's time to clarify the situation, delineate the responsibilities of all parties involved, and offer a path forward to ensure compliance is a shared effort, not a blame game.</p>
<h2>The Core Issue is Misplaced Accountability</h2>
<p>A recurring theme in privacy discussions is the tendency to blame businesses for compliance failures, even when the root cause lies with the tools they use. Consider newsletter services with built-in analytics that cannot be disabled. These tools often violate Article 5(3) of the ePrivacy Directive by collecting user data without explicit consent.</p>
<p>When businesses use such tools, they face an impossible choice: comply with the law or use the service. The real issue lies with the <span style="color: #1ab394;"><a href="https://aesirx.io/solutions" target="_blank" rel="noopener" style="color: #1ab394;">suppliers of these tools, who fail to provide compliant solutions</a></span>. This situation penalizes businesses striving to do the right thing and undermines the principles of the GDPR and the ePrivacy Directive.</p>
<h2>The Law Is Clear About Consent and Responsibility</h2>
<p>The ePrivacy Directive, particularly Article 5(3), is unambiguous: <span style="color: #1ab394;"><a href="https://privacyscanner.aesirx.io/privacy-review" target="_blank" rel="noopener" style="color: #1ab394;">explicit consent is required</a></span> before storing or accessing information on a user's device unless it is strictly necessary for the service requested. This requirement extends beyond cookies to include other tracking technologies like analytics pixels and beacons.</p>
<p>The European Data Protection Board (EDPB) Guidelines 2/2023 back this up, making it clear that things like implied consent or pre-checked boxes don’t count. They emphasize that consent must be informed, specific, and freely given. Users should be able to opt out of non-essential features, such as analytics, without losing access to the primary service.</p>
<h2>Solution Providers Must Step Up</h2>
<p>Compliance issues often come down to the tools businesses use, not the businesses themselves. Many providers offer tools that pre-load cookies or track users before getting their consent, which clearly breaks GDPR and ePrivacy Directive guidelines.</p>
<p>For example, some newsletter platforms embed analytics into their services with no option to disable them. This forces businesses to rely on "legitimate interest," an approach that often falls short of compliance requirements.</p>
<p>The market urgently needs privacy-centric alternatives. Companies like AesirX offer <span style="color: #1ab394;"><a href="https://analytics.aesirx.io" target="_blank" rel="noopener" style="color: #1ab394;">GDPR-compliant, first-party analytics solutions</a></span> that <span style="color: #1ab394;"><a href="https://aesirx.io/first-party-server" target="_blank" rel="noopener" style="color: #1ab394;">prioritize user consent and privacy</a></span>. These tools demonstrate that compliance is achievable without compromising functionality.</p>
<h2>Compliance Is a Shared Responsibility</h2>
<p>Compliance is not a one-sided obligation but a shared responsibility between businesses and solution providers. While businesses must audit their tools and processes, providers must design products that align with legal requirements.</p>
<p>The GDPR's Privacy by Design principle mandates that privacy considerations be embedded into tools and systems from the outset. Suppliers who fail to integrate these principles hinder compliance and erode trust in the market.</p>
<h2>Using First-Party Data to Reduce Third-Party Risks</h2>
<p>To navigate this complexity and foster genuine compliance, both businesses and solution providers need to focus on reducing reliance on third-party tools that pose significant privacy risks.</p>
<h3>For Businesses: Transition to First-Party Data Practices</h3>
<ul>
<li aria-level="1"><strong>Audit Third-Party Dependencies:</strong> Identify all third-party tools in use and assess their compliance with GDPR and the ePrivacy Directive.</li>
<li aria-level="1"><strong>Adopt First-Party Solutions:</strong> Shift towards <span style="color: #1ab394;"><a href="https://aesirx.io/first-party-server" target="_blank" rel="noopener" style="color: #1ab394;">first-party analytics and data collection methods</a></span>. Tools like <span style="color: #1ab394;"><a href="https://analytics.aesirx.io" target="_blank" rel="noopener" style="color: #1ab394;">AesirX Analytics</a></span> enable you to gather insights without sharing data with external parties, thereby reducing risk.</li>
<li aria-level="1"><strong>Strengthen Data Control:</strong> By using first-party data, you maintain greater control over how user information is collected, stored, and processed, enhancing your ability to comply with regulations.</li>
</ul>
<h3>For Solution Providers: Innovate with Privacy-Centric, First-Party Tools</h3>
<ul>
<li aria-level="1"><strong>Design for Privacy:</strong> Develop products that prioritize user privacy, minimizing the need for third-party integrations that can compromise data security.</li>
<li aria-level="1"><strong>Enable Configurable Privacy Settings:</strong> Allow businesses to customize data collection features, such as disabling analytics tracking that isn't essential, to align with compliance needs.</li>
<li aria-level="1"><strong>Promote Data Sovereignty:</strong> Design your solutions to&nbsp;<span style="color: #1ab394;"><a href="https://aesirx.io/business-suite" target="_blank" rel="noopener" style="color: #1ab394;">empower businesses to retain ownership and control over their data</a></span>, reducing dependency on external entities.</li>
</ul>
<p>By focusing on first-party data practices, both parties can significantly reduce the risks associated with third-party tools. This shift not only enhances compliance but also builds a foundation of trust with users who are increasingly concerned about how their data is handled.</p>
<h2>Building Trust Through Privacy-First Strategies</h2>
<p>Compliance isn't just a legal obligation – it's an opportunity to build trust and differentiate in an increasingly privacy-conscious market. Consumers value their data privacy, and when businesses and solution providers jointly prioritize ethical data practices, they foster stronger customer relationships.</p>
<p>Embracing <span style="color: #1ab394;"><a href="https://privacyscanner.aesirx.io/first-party" target="_blank" rel="noopener" style="color: #1ab394;">first-party, privacy-centric solutions</a></span> allows us to align with regulations while championing transparency and fairness. Let's move toward a digital ecosystem where compliance is a collective effort, and trust is the foundation of every interaction.</p>
<p>The time for passive observation has passed; decisive action is required now.</p>
<h3>For Businesses</h3>
<ul>
<li aria-level="1"><strong>Take Charge of Compliance:</strong> Don't settle for non-compliant tools. Demand that your solution providers adhere to GDPR and ePrivacy Directive standards.</li>
<li aria-level="1"><strong>Invest in Privacy-First Technologies:</strong> Allocate resources to adopt first-party solutions that safeguard user data and enhance compliance.</li>
<li aria-level="1"><strong>Lead by Example:</strong> Make privacy a core value of your business strategy and inspire others to follow suit.</li>
</ul>
<h3>For Solution Providers</h3>
<ul>
<li aria-level="1"><strong>Innovate Responsibly:</strong> Prioritize the development of tools that respect user privacy and meet all regulatory requirements.</li>
<li aria-level="1"><strong>Educate and Support Clients:</strong> Help businesses understand how to implement your solutions in a compliant manner.</li>
<li aria-level="1"><strong>Set Industry Standards:</strong> Be a pioneer in creating and promoting privacy-centric technologies.</li>
</ul>
<h4>Collective Action Steps</h4>
<ul>
<li aria-level="1"><strong>Join Forces:</strong> Collaborate across the industry to share best practices and develop unified standards for compliance.</li>
<li aria-level="1"><strong>Advocate for Change:</strong> Use your influence to push for stronger enforcement of regulations and accountability for non-compliance.</li>
<li aria-level="1"><strong>Raise Awareness:</strong> Educate your networks about the importance of privacy and the steps necessary to achieve it.</li>
</ul>
<p>Let's not wait for regulatory penalties or data breaches to force our hand. By acting now, we can proactively shape a digital future where privacy is respected, compliance is standard, and trust is restored.</p>
<h2>Your Move! Be the Catalyst for Change</h2>
<p>I urge you to act today:</p>
<ul>
<li aria-level="1"><strong>Start the Conversation:</strong> Bring this issue to the forefront in your organization and industry circles.</li>
<li aria-level="1"><strong>Make Strategic Decisions:</strong> Choose partners and providers who align with your commitment to privacy.</li>
<li aria-level="1"><strong>Hold Each Other Accountable</strong>: Establish accountability measures to enable ongoing compliance and ethical data practices.</li>
</ul>
<p>Together, we can build a fairer, more privacy-conscious world – one where compliance is a shared commitment to doing what's right.</p>
<p>Ronni K. Gothard Christiansen // <span style="color: #1ab394;"><a href="https://twitter.com/VikingTechGuy" style="color: #1ab394;">VikingTechGuy</a>&nbsp;</span></p>
<p>Creator, AesirX.io</p>

Dispelling the Myths: Shared Responsibility in GDPR and ePrivacy Directive Compliance

Blog Aesirx

Explore shared accountability in GDPR and ePrivacy compliance. Learn how businesses and solution providers can align with ethical data practices.

Shared Responsibility in GDPR and ePrivacy Compliance

<h2>Foreword</h2>
<p>This article is written in light of the recent U.S. elections, informed by observations of algorithmic patterns and behaviors over the past several years. As a non-U.S. citizen, I hold no personal opinions on U.S. electoral outcomes, nor do I wish to influence them in any way. My intent is simply to highlight the powerful, often invisible role that algorithmic echo chambers now play in shaping political landscapes across the globe. In 2024, these digital dynamics have become an active ingredient in political discourse, influencing beliefs, behaviors, and ultimately, voter outcomes. It is crucial for all of us—regardless of nationality—to understand how these forces are reshaping democracy and affecting the way we engage in political dialogue.</p>
<p>This article builds on insights first discussed in my August 2023 piece, <a href="https://www.linkedin.com/pulse/algorithmic-tunnel-vision-how-facebooks-manipulative-our/" target="_blank" rel="noopener">The Algorithmic Tunnel-Vision: How Facebook's Manipulative Algorithms Shape Our Worldview</a>, which examined the earlier signs of algorithmic influence on political discourse.&nbsp;</p>
<h2>Introduction</h2>
<p>The political landscape has undergone a seismic shift in the digital age. Subtle yet immensely powerful catalysts—embedded within the technology we use daily—are reshaping how we form opinions and make decisions. As digitally immersed generations increasingly rely on platforms like X (formerly Twitter), Facebook, Instagram, and TikTok for news and social interaction, algorithmically curated echo chambers have emerged as significant influencers of political beliefs and voting behaviors. This article uncovers the mechanics of these echo chambers, examines how they shape political perspectives and explores the profound implications for democracy.</p>
<h2>The Mechanics of Algorithmic Echo Chambers</h2>
<p>At the heart of social media platforms are algorithms designed to maximize user engagement. These algorithms analyze vast amounts of data to tailor content to individual preferences, showing users posts, videos, and articles they are most likely to interact with. While this personalization enhances user experience by delivering relevant content, it inadvertently creates echo chambers where users are primarily exposed to information that reinforces their existing beliefs.</p>
<p>For instance, when a user engages with content expressing specific political opinions, the algorithm notes this behavior and subsequently amplifies similar content. Over time, opposing viewpoints are filtered out, and the user's feed becomes a homogenous stream of like-minded perspectives. This self-reinforcing loop not only limits exposure to diverse ideas but also solidifies the user's beliefs, making it more challenging to accept or even encounter alternative viewpoints.</p>
<h2>The Power of Influence: Billions of Views Shaping Beliefs</h2>
<p>In recent years, certain narratives have been amplified through both organic sharing and sponsored content, reaching audiences on an unprecedented scale. Reports indicate that content with questionable accuracy has garnered billions of views across social media platforms. Rather than focusing solely on the veracity of this information, it's crucial to understand how such widespread exposure influences public opinion.</p>
<p>Organizations and individuals with the resources to sponsor content can significantly sway public perception by crafting persuasive narratives. These narratives penetrate deeply into the viewer's consciousness, subtly shaping opinions over time. Younger demographics and less politically engaged users are particularly susceptible, as they are in the process of forming their political identities and may lack the critical filters developed through broader experience.</p>
<h2>Social Media as the New Political Arena</h2>
<p>Social media platforms have evolved beyond mere tools for social interaction; they are now central to political discourse and campaigning. Unlike traditional media outlets, which are subject to editorial oversight and journalistic standards, social media content is governed by algorithms optimized for engagement rather than accuracy or balance. This shift has transformed the way political information is disseminated and consumed.</p>
<p>The invisible editorial bias of algorithms means that the content users see is determined by their previous interactions rather than by any objective assessment of importance or reliability. As users engage with content—by watching, liking, or sharing—they reinforce the algorithm's prioritization of similar material. This feedback loop can lead to a polarized information environment where users are largely unaware of alternative perspectives.</p>
<h2>The Political Implications of Digital Echo Chambers</h2>
<p>The rise of algorithmic echo chambers has significant implications for democracy. Political scientists and sociologists have observed that these digital environments contribute to societal polarization by clustering individuals around specific ideologies. This polarization is not confined by geography but is instead shaped by the digital communities users inhabit.</p>
<p>Studies have shown that exposure to homogenous political content can lead to increased bias and a decreased willingness to engage with opposing viewpoints. This environment fosters extremism and reduces the potential for constructive dialogue. For younger, digitally native audiences, the impact is even more pronounced. Reliant on social media as a primary news source, they may develop a skewed understanding of political realities, influenced heavily by the algorithmically curated content they consume.</p>
<h2>The Human Cost of Algorithmic Bias</h2>
<p>Beyond the political sphere, the echo chamber effect can have personal consequences. Individuals may experience increased anxiety, hostility towards others, and a distorted perception of societal norms. The constant reinforcement of particular viewpoints can create an "us versus them" mentality, eroding social cohesion and empathy.</p>
<p>Moreover, the spread of misinformation and disinformation within these echo chambers can lead to real-world harm. False narratives can influence public health decisions, incite violence, or undermine trust in democratic institutions. The algorithms, indifferent to the content's truthfulness, perpetuate these narratives as long as they drive engagement.</p>
<h2>Potential Solutions and Policy Recommendations</h2>
<p>Addressing the challenges posed by algorithmic echo chambers requires a multifaceted approach:</p>
<p><strong>Digital Literacy Education</strong>: Incorporating digital literacy into educational curricula can empower individuals to critically assess the content they encounter online. Teaching users how algorithms work and how to identify bias and misinformation can mitigate the echo chamber effect.</p>
<p><strong>Algorithmic Transparency</strong>: Social media companies should be encouraged or required to disclose how their algorithms curate content. Greater transparency would allow users to understand why they are seeing certain posts and enable independent audits of algorithmic bias.</p>
<p><strong>Regulatory Oversight</strong>: Governments could establish regulations that promote fair and balanced content distribution. This might include standards for content moderation, limitations on micro-targeted political advertising, or requirements for platforms to provide access to a diversity of viewpoints.</p>
<p><strong>Platform Responsibility</strong>: Tech companies have a role to play in designing algorithms that prioritize not just engagement but also the quality and diversity of content. Initiatives that promote exposure to varied perspectives can help break down echo chambers.</p>
<p><strong>Community Initiatives</strong>: Grassroots movements and organizations can create spaces for dialogue across ideological divides. Encouraging face-to-face interactions and discussions can counteract the isolating effects of online echo chambers.</p>
<h2>Uniting Against Digital Echo Chambers</h2>
<p>The algorithmic echo chambers within our social media platforms wield immense power, influencing not only individual beliefs but also the very fabric of our democratic processes. As digital technology becomes more integral to our lives, it is important that we acknowledge the profound impact of algorithms on our perceptions and actions.</p>
<p>Collective awareness and proactive measures are our strongest defenses against the unintended consequences of algorithmic curation. By supporting digital literacy, demanding transparency, and advocating for responsible platform design, we can work towards a more informed and inclusive public discourse.</p>
<p>The future of democracy hinges on our ability to engage in open, diverse, and constructive political conversations. It is up to all stakeholders—users, tech companies, educators, policymakers, and civil society—to ensure that the digital public sphere amplifies the voice of the people rather than drowning it out with the echoes of algorithmically selected content. Let us commit to creating a digital environment where democracy thrives through the free exchange of ideas and where technology serves to unite rather than divide.</p>
<p>Ronni K. Gothard Christiansen // <a href="https://twitter.com/VikingTechGuy" target="_blank" rel="noopener">VikingTechGuy</a>&nbsp;</p>
<p>Creator, AesirX.io</p>

How Algorithmic Echo Chambers Influence Elections

Blog Gothard

Explore how algorithm-driven echo chambers on social media influence political beliefs, voter behavior, and democracy. Learn about solutions and reforms.

<p><span class="fw-semibold" style="color: #808080; font-size: 18pt;">In recent years, we've all faced a barrage of cookie consent pop-ups on nearly every website we visit. Many of these prompts urge us to "accept all cookies" or "accept only technically required" — those that are first-party and necessary for a website's core functions. But here's the truth: no law mandates consent for these essential cookies, like those that maintain your login or shopping cart. Despite this, consent solutions have been asking for approval, creating widespread confusion.</span></p>
<h2>What Are Technically Required Cookies?</h2>
<p>Technically required cookies are essential to the basic operation of a website. They support key functions, such as keeping you logged in during a session or saving items in your shopping cart. These cookies are deemed "necessary" because the website cannot function correctly without them — meaning they don't require user consent under data privacy laws. The ePrivacy Directive, specifically Article 5(3), clearly states that such cookies are exempt from consent requirements if they are strictly necessary to provide a service the user is actively requesting.</p>
<p>For example, if you log into your account, a session cookie tracks your login status, allowing you to navigate seamlessly. Because this function is fundamental to the service you're requesting, it falls under the "Technically Required" category and is exempt from consent requirements. The same principle applies to cookies that handle secure payments or remember your privacy settings.</p>
<h2>Why Are We Still Seeing Consent Requests for These Cookies?</h2>
<p>The confusion stems from many consent solution providers treating all cookies, beacons, and pixel trackers alike, bundling non-essential third-party elements with essential, first-party cookies. This conflation results in misleading consent prompts, asking for permissions even for basic cookies that should operate without consent.</p>
<p>Additionally, some third-party providers have circumvented the laws by wrongly claiming "legitimate interest" under GDPR to justify deploying tracking cookies, beacons, and pixels as "necessary" for site operations. However, third-party solutions, including consent management platforms, are never technically required for a website's core functions. A third-party supplier cannot impose a technical requirement on the user, and the classification of these cookies as technically required has been incorrect from the beginning. Furthermore, legitimate interest cannot override ePrivacy Directive Article 5(3), as it is lex specialis (a legal principle where a more specific law takes priority over a general one) compared to the broader GDPR legitimate interest principle.</p>
<h2>The 2024 ePrivacy Directive Guidelines Make It Clear</h2>
<p>&nbsp;In October 2024, the European Data Protection Board (EDPB) provided <span style="color: #1ab394;"><a href="https://www.linkedin.com/pulse/new-edpb-guidelines-eprivacy-directive-sharper-more-christiansen-of5zc/" target="_blank" rel="noopener" style="color: #1ab394;">further clarification</a></span> on when consent is required, particularly for accessing users' devices. While the guidelines do not explicitly state that technically required cookies do not need consent, they clarify that consent is required only when there is access to a user's device for non-essential purposes. Since first-party, technically required cookies are essential for services that users actively request – such as maintaining a login or shopping cart – they do not require consent under GDPR or the ePrivacy Directive. When a user visits a website, they are actively engaging with it, meaning there is no need to inform, request consent for, or offer opt-out for these essential cookies. For all other types of cookies such as first-party analytics or third-party consent management solutions, explicit, informed user consent is mandatory before any data collection begins.</p>
<h2>When Is Consent Required?&nbsp;</h2>
<p>Consent is required for cookies, beacons, pixel trackers, or similar technologies that are not strictly necessary for providing a service the user actively requests. For example, first-party analytics cookies, which collect data to improve website performance, do require user consent. These technologies, while beneficial, are not essential for the core functionality of the website, which is why explicit consent must be obtained before they are used. Similarly, third-party consent management platforms, often integrated to manage and track user preferences across different services, require explicit consent due to their access to user data for non-essential purposes. These platforms and tracking technologies involve data collection that goes beyond what is necessary for basic site operation, making informed user consent a legal requirement as they access the users device. The reason users can click "Accept only technically required cookies" is because many consent solution providers have misrepresented their own tracking technologies – such as analytics scripts, beacons, and pixel trackers – as essential to the core operation of a website. They have attempted to classify these technologies as technically required, misleading users into believing they are necessary for the website to function properly. However, these third-party technologies are not essential to the primary services users actively engage with, such as logging in or making purchases.</p>
<p>Additionally, some consent solution providers have tried to justify the deployment of these tracking technologies by claiming "legitimate interest" under GDPR. However, legitimate interest cannot override the specific requirements set forth by the ePrivacy Directive Article 5(3), which is more narrowly focused on user privacy compared to the broader GDPR provisions. The ePrivacy Directive, being lex specialis, takes precedence over GDPR in matters related to cookie consent. Therefore, relying on legitimate interest to deploy tracking technologies without explicit, informed user consent is not legally defensible.</p>
<p>The misclassification of these third-party technologies as technically required has been incorrect from the outset, undermining the transparency that privacy regulations are intended to enforce. Users should always be given a clear choice about whether they wish to be tracked, and informed consent is crucial for building trust, ensuring compliance, and demonstrating a genuine commitment to user privacy.</p>
<div class="readmore ps-4 mb-2rem py-2 ms-4 border-start border-2 border-success">
<p class="mb-2"><strong>Read more about Consent:</strong></p>
<p class="mb-1"><span style="color: #1ab394;"><a href="https://www.linkedin.com/pulse/why-companies-still-paying-non-compliant-cookie-christiansen-phzgc/" target="_blank" rel="noopener" style="color: #1ab394;">Why Are Companies Still Paying for Non-Compliant Cookie Consent Solutions?</a></span></p>
</div>
<h2>What Does This Mean for Businesses?</h2>
<p>If your business uses first-party analytics or third-party consent management solutions, it's crucial to revise your approach to ensure consent is requested only where legally required. By adopting a first-party data strategy, you can rely on essential cookies solely for core functionalities, while collecting additional user data only after obtaining explicit consent. This approach not only aligns with privacy regulations but also enhances transparency.</p>
<p>Solutions like <span style="color: #1ab394;"><a href="https://privacyscanner.aesirx.io/first-party" target="_blank" rel="noopener" style="color: #1ab394;">AesirX’s First-Party Foundation</a></span> emphasize a first-party data framework, enabling businesses to gather meaningful analytics and compliant consent management without relying on intrusive third-party trackers. This helps build user trust, improve compliance, and mitigate the privacy risks associated with third-party tracking technologies. As privacy regulations continue to evolve, businesses that embrace a privacy-first mindset will be better positioned to foster long-term customer loyalty and demonstrate a commitment to ethical data practices.</p>
<h2>The Bottom Line</h2>
<p>The current cookie consent landscape needs a reset. As privacy regulations continue to evolve, it is essential for businesses to clearly distinguish between technically required cookies and those that require explicit consent. Technically required, first-party cookies, such as those used to maintain logins or shopping carts, have never needed user consent, and this will not change.</p>
<p>At the same time, it is critical for businesses to ensure that consent is obtained whenever required, minimizing the burden of consent fatigue on users. This means implementing data minimization principles and avoiding the blanket consent approach of auto-loading hundreds of third-party partners' cookies and trackers, which is non-compliant. By focusing on a privacy-first design and obtaining consent only when truly necessary, businesses can respect user choices, enhance transparency, and adhere to both the spirit and letter of data privacy laws.</p>
<p>By aligning data practices with these distinctions, businesses can reduce user confusion, build transparency, and demonstrate a genuine commitment to privacy by design. Adopting a first-party data approach not only enables compliance but also builds user trust — allowing businesses to avoid unnecessary and misleading consent pop-ups, and instead focus on ethical data handling that respects user preferences.</p>
<p>Ronni K. Gothard Christiansen // <span style="color: #1ab394;"><a href="https://twitter.com/VikingTechGuy" style="color: #1ab394;">VikingTechGuy</a>&nbsp;</span></p>
<p>Creator, AesirX.io</p>
<p style="text-align: center;"><em><strong>AesirX Privacy Scanner for WordPress:</strong></em><br /><em>Check if your WordPress or Joomla site complies with the ePrivacy Directive and GDPR by</em><br /><em>using <span style="color: #1ab394;"><a href="https://privacyscanner.aesirx.io" target="_blank" rel="noopener" style="color: #1ab394;">AesirX Privacy Scanner</a></span>, which detects non-compliant elements like cookies and trackers.</em></p>

The Cookie Consent Confusion: Why Technically Required Cookies Never Needed Consent

Discover why technically required cookies don’t need consent and how misclassifications create confusion around privacy compliance and user trust.


Why Technically Required Cookies Never Needed Consent

<p><span class="fw-semibold" style="color: #808080; font-size: 18pt;">In a groundbreaking update, the European Data Protection Board (EDPB) adopted <span style="color: #1ab394;"><a href="https://www.edpb.europa.eu/system/files/2024-10/edpb_guidelines_202302_technical_scope_art_53_eprivacydirective_v2_en_0.pdf" style="color: #1ab394;">new guidelines</a></span> on October 7, 2024, clarifying and tightening the requirements around cookie consent and data tracking.</span></p>
<p>This regulatory change makes one thing clear: reliance on third-party cookie consent solutions is no longer just risky – it's a direct compliance issue. Yet, companies still invest in these outdated solutions.</p>
<p>Here’s why this is happening, the risks involved, and the alternatives available.</p>
<h2>Privacy Standards at a Turning Point</h2>
<p>Following a comprehensive public review, the new October 2024 guidelines emphasize the need for unambiguous, explicit, and specific user consent before any data is stored or accessed on a user's device. These changes reflect the European Union's strengthened stance on upholding privacy standards and reducing dependencies on tracking technologies that often sidestep user consent. Under these rules, pre-ticked consent boxes, implied consent, and even certain types of "necessary" tracking common in many third-party solutions are deemed insufficient.</p>
<h2>Why Companies Persist with Non-Compliant Solutions</h2>
<p>The widespread reliance on third-party consent solutions stems from inertia and misinformation. Many companies assume that any consent banner suffices for compliance, unaware of the deeper regulatory requirements demanding clear and specific consent mechanisms. Additionally, some believe that popular third-party vendors guarantee compliance when, in fact, recent audits reveal that many such tools fail to align with the latest legal standards.</p>
<h2>The High Cost of Non-Compliance</h2>
<p>Failing to adhere to these new guidelines exposes companies to severe financial and reputational risks. GDPR and ePrivacy Directive fines can reach up to €20 million or 4% of global turnover, whichever is higher. As regulators increase their scrutiny of third-party tracking practices, the likelihood of enforcement actions grows. Non-compliant organizations may face these penalties along with a significant loss of consumer trust.</p>
<h2>The Persistence of Non-Compliant Solutions</h2>
<p>The regulatory framework has often lagged behind technological developments, allowing ambiguities to persist. Consequently, third-party providers continue to operate despite failing to comply with the specifics of GDPR and the new ePrivacy standards. The lack of immediate, consistent enforcement has allowed these solutions to thrive, creating a false sense of security for companies that use them.</p>
<h2>Moving to First-Party, Privacy-Focused Tools&nbsp;</h2>
<p>As scrutiny of third-party tracking increases, businesses are better served by first-party consent and analytics tools. A first-party approach improves data accuracy, supports compliance with privacy laws, and establishes greater trust. Privacy-focused solutions like AesirX’s Privacy-First Foundation – which includes consent management and analytics – align with current privacy guidelines and offer a solid alternative to third-party cookies.</p>
<h2>What Can Businesses Do Now?</h2>
<p>To stay privacy-compliant, companies can take a few simple steps, such as:</p>
<ul>
<li aria-level="1">Audit Current Practices: Evaluate their existing tracking and consent mechanisms to identify third-party dependencies.</li>
<li aria-level="1">Adopt First-Party Solutions: Implement tools that allow for direct and transparent user relationships.</li>
<li aria-level="1">Commit to User Privacy: Show a genuine commitment to privacy, now a cornerstone of brand loyalty and digital trust.</li>
</ul>
<p>In our privacy-conscious online world, relying on outdated third-party tools is not sustainable. Instead, businesses should invest in first-party, privacy-compliant solutions that build trust and meet the latest regulatory standards.</p>
<p>Ronni K. Gothard Christiansen // <span style="color: #1ab391;"><a href="https://twitter.com/VikingTechGuy" style="color: #1ab391;">VikingTechGuy</a></span>&nbsp;</p>
<p>Creator, AesirX.io</p>
<p style="text-align: center;"><strong>AesirX Privacy Scanner for WordPress:</strong> <br />Check if your WordPress or Joomla site complies with the ePrivacy Directive and GDPR by<br /> using <span style="color: #1ab391;"><a href="https://privacyscanner.aesirx.io/" style="color: #1ab391;">AesirX Privacy Scanner</a></span>, which detects non-compliant elements like cookies and trackers.</p>

Why Are Companies Still Paying for Non-Compliant Cookie Consent Solutions?

Companies are still paying for non-compliant cookie consent solutions, despite the latest EDPB guidelines. Learn why and explore compliant alternatives.

 Why Are Companies Still Paying for Non-Compliant Consent?

<p><span class="fw-semibold" style="color: #808080; font-size: 18pt;">The European Data Protection Board (EDPB) has officially adopted the updated Guidelines 02/2024 on the technical scope of Article 5(3) of the ePrivacy Directive on October 7, 2024.</span></p>
<p>These new guidelines follow the initial draft, Guidelines 02/2023, which was released for public consultation on November 14, 2023. After receiving valuable feedback during the consultation process, the final guidelines are now sharper, clearer, and more comprehensive, addressing new technologies and providing more precise interpretations of data tracking and consent.</p>
<p>These guidelines have always been binding for national Data Protection Authorities (DPAs), guiding them on the enforcement of Article 5(3), which regulates how consent is obtained when accessing information stored on users' devices. However, after the public hearing, the guidelines are not only better but also more technically aligned with the latest developments in tracking technologies, making them highly practical for businesses adapting to today's fast-changing digital world.</p>
<p>In this article, I will break down the key updates from the Guidelines 02/2024, compare them with the previous version, and explain how they sharpen the application of Article 5(3). This is critical for businesses and digital platforms that handle data through cookies, device fingerprinting, and various tracking technologies.</p>
<h2>Key Updates in the 2024 Guidelines</h2>
<p>After the public consultation, the 02/2024 Guidelines include several refinements to better address modern tracking technologies and enable robust compliance with the ePrivacy Directive.</p>
<h3>1. Broader Scope of "Information" Definition</h3>
<p>One of the most important refinements is the expanded definition of "information". While the 2023 version already made it clear that Article 5(3) covers more than just personal data, the 2024 guidelines go further by confirming that non-personal data (e.g., MAC addresses, IP addresses) also requires user consent. This reinforces the idea that any stored information on a user's device, even if not tied to identifiable personal data, falls under the ePrivacy Directive's protection.</p>
<p>For example, this means that hidden identifiers or device-generated data, such as network interface identifiers or device sensors, must now explicitly require consent before being accessed.</p>
<h3>2. Enhanced Clarity on "Gaining Access" and "Storage"</h3>
<p>The final guidelines provide more technical depth in defining the terms "gaining access" and "storage". Both actions — storing information on a device and gaining access to it — must meet the requirements of Article 5(3), even if carried out by different entities. This update clears up any ambiguity by emphasizing that both actions trigger the need for consent, and they can happen independently.</p>
<p>Additionally, whether information is locally processed on the device or stored by the user or third party, if accessed by another entity, it constitutes "gaining access," thus requiring prior consent.</p>
<h3>3. Revised Analysis of Technical Use Cases</h3>
<p>The final guidelines maintain the use cases introduced in the 2023 version but expand the technical depth for each, providing clearer examples of how Article 5(3) applies in specific scenarios.</p>
<ul>
<li><strong>Pixel and URL Tracking:</strong> The 02/2024 guidelines give more detailed treatment to tracking pixels and URL tracking, confirming that both require explicit consent. This is critical for businesses using email marketing or website analytics tools, where tracking pixels are used to monitor user interactions.</li>
<li><strong>IP-based Tracking:</strong> The guidelines now clearly state that even tracking technologies based solely on IP addresses are subject to Article 5(3). This is particularly important for businesses using geolocation services or IP-based marketing, as they must ensure compliance when tracking users' IPs.</li>
<li><strong>Intermittent IoT Reporting:</strong> A key refinement in the 02/2024 guidelines is the expanded treatment of IoT (Internet of Things) devices. These guidelines clarify that when data from IoT devices is stored locally and later transmitted to a server, consent is required under Article 5(3). This was not as clearly outlined in the previous version, making it crucial for industries that rely on connected devices.</li>
</ul>
<h3>4. Strengthened Guidelines for Local Data Processing</h3>
<p>The 02/2024 guidelines clarify that local processing on devices (such as browsers or smartphones) falls within the scope of Article 5(3) when the processed data is later accessed by a third party via client-side APIs. This means that businesses using local data processing technologies, like JavaScript-based processing, must obtain consent before accessing any locally processed information.</p>
<h2>What the Updated Guidelines Mean for Businesses</h2>
<p>The updated Guidelines 02/2024 mark a significant improvement in both the clarity and application of Article 5(3) of the ePrivacy Directive. For businesses, this means two things:</p>
<ol>
<li><strong>Greater responsibility in how tracking technologies are implemented:</strong> From IP tracking to IoT devices and pixel-based tracking, all mechanisms that store or access information on user devices must now follow even stricter consent requirements.</li>
<li><strong>Compliance requires ongoing vigilance:</strong> As new tracking technologies emerge, businesses need to continuously assess their compliance with Article 5(3). The guidelines now provide a strong foundation, but the digital landscape is always evolving, and staying compliant requires forward planning and flexibility.</li>
</ol>
<p>The 02/2024 guidelines are not just an incremental update; they represent a significant shift towards greater accountability for businesses involved in data processing and tracking technologies.</p>
<p>The Guidelines 02/2024 reflect the increasing complexity of the digital ecosystem, addressing new forms of tracking and clarifying what constitutes "gaining access" to information. For businesses, this means a clearer framework for compliance with Article 5(3) of the ePrivacy Directive, but also a reminder that compliance is not optional — it is a requirement that demands constant attention.</p>
<p>Moving forward, companies that proactively align with these updated guidelines will not only avoid regulatory scrutiny but also build trust and transparency with their users, gaining a competitive advantage in an increasingly privacy-conscious market.</p>
<h2>Conclusion</h2>
<p>The adoption of the Guidelines 02/2024 sets a new bar for data protection and privacy compliance across Europe. While compliance is a legal necessity, it also represents an opportunity for businesses to build stronger, more transparent relationships with their users. The updated guidelines provide clear rules for handling tracking technologies and data access, so that businesses can operate effectively while respecting user privacy.</p>
<p>For anyone managing data, from marketers to compliance officers, understanding and implementing these guidelines will be crucial to managing data privacy in the years ahead.</p>
<p>Ronni K. Gothard Christiansen // <span style="color: #1ab394;"><a href="https://twitter.com/VikingTechGuy" target="_blank" rel="noopener" style="color: #1ab394;">VikingTechGuy</a></span></p>
<p>Creator, <span style="color: #1ab394;"><a href="http://aesirx.io" target="_blank" rel="noopener" style="color: #1ab394;">AesirX.io</a></span></p>
<p><em><strong>AesirX Privacy Scanner for WordPress:</strong> Check your WordPress site complies with the ePrivacy Directive and GDPR by using <span style="color: #1ab394;"><a href="https://privacyscanner.aesirx.io" target="_blank" rel="noopener" style="color: #1ab394;">AesirX Privacy Scanner</a></span>, which detects non-compliant elements like cookies and trackers.</em></p>

New EDPB Guidelines on ePrivacy Directive: Sharper, Clearer, and More Comprehensive After Public Consultation

New EDPB Guidelines on ePrivacy Directive

<p><span class="fw-semibold" style="color: #808080; font-size: 18pt;">As a website owner, you might process user data to prevent fraud or improve user experience without needing consent – this is considered “legitimate interest.”</span></p>
<p>In October 2024, the European Data Protection Board (EDPB) released <span style="color: #1ab394;"><a href="https://www.edpb.europa.eu/our-work-tools/documents/public-consultations/2024/guidelines-12024-processing-personal-data-based_en" style="color: #1ab394;">Guidelines 1/2024 on processing personal data based on Article 6(1)(f) GDPR</a></span>, known as the legitimate interest basis. These guidelines emphasize the need to carefully assess and document when legitimate interest can be used for personal data processing.</p>
<p>For website owners, this directly affects consent management, analytics, and tools like Meta Pixel, which track user behavior. While GDPR permits processing based on legitimate interest, the ePrivacy Directive imposes stricter rules when accessing users' devices (e.g., cookies).</p>
<h2>Three Conditions for Legitimate Interest;</h2>
<p>Website owners must meet three conditions to rely on legitimate interest:</p>
<ol>
<li aria-level="1"><strong>Pursuit of a legitimate interest:</strong> The interest must be lawful, specific, and articulated (e.g., improving security).</li>
<li aria-level="1"><strong>Necessity of processing:</strong> Processing must be necessary to achieve the legitimate interest.</li>
<li aria-level="1"><strong>Balancing test:</strong> Fundamental rights and freedoms of the data subject must not override the interest pursued.</li>
</ol>
<h2>What Legitimate Interest Can Be Used For</h2>
<p>Legitimate interest is a flexible legal basis that can be used for a variety of processing activities, provided that the conditions are met and the rights of data subjects are respected. Some common scenarios where legitimate interest may be applicable include:</p>
<ol>
<li aria-level="1"><strong>Fraud Prevention and Security:</strong> Website owners may process personal data to detect and prevent fraud or ensure the security of their services. For instance, monitoring login attempts to identify suspicious activity can be a legitimate interest.</li>
<li aria-level="1"><strong>Direct Marketing:</strong> Processing personal data for direct marketing purposes, such as sending promotional emails to customers, can be considered a legitimate interest. However, users must be provided with an easy way to opt out of such communications.</li>
<li aria-level="1"><strong>Customer Relationship Management (CRM):</strong> Maintaining customer records for customer service purposes, such as tracking interactions or providing support, can be done under legitimate interest, provided it does not override the individual's privacy rights.</li>
<li aria-level="1"><strong>Employee Monitoring:</strong> Monitoring employee performance or ensuring compliance with workplace policies can be a legitimate interest, provided it is proportionate and employees are informed.</li>
<li aria-level="1"><strong>Business Improvement and Analytics:</strong> Processing data to improve products, services, or user experience, such as analyzing user feedback or website performance, can fall under legitimate interest, as long as it meets the balancing test.</li>
</ol>
<h2>ePrivacy Directive and Consent Requirement</h2>
<p>Under <span style="color: #1ab394;"><a href="https://www.edpb.europa.eu/system/files/2023-11/edpb_guidelines_202302_technical_scope_art_53_eprivacydirective_en.pdf" style="color: #1ab394;">Article 5(3) of the ePrivacy Directive</a></span>, accessing or storing information on users' devices (e.g., cookies) requires explicit consent, unless it is strictly necessary for a requested service (e.g., saving cart items).</p>
<h2>Practical Examples for Website Owners</h2>
<h3>1. Consent Management and Analytics</h3>
<ul>
<li aria-level="1"><strong>Google Analytics:</strong> Even if improving services via analytics serves your legitimate interest, Article 5(3) of the ePrivacy Directive requires explicit consent before placing cookies. A consent banner is mandatory for compliance.</li>
<li aria-level="1"><strong>Detailed Scenario</strong>: Suppose a website uses Google Analytics to understand user behavior and improve content. While the site owner may argue that this analysis is in their legitimate interest to enhance user experience, the ePrivacy Directive mandates obtaining explicit consent before placing tracking cookies on users' devices.</li>
<li aria-level="1"><strong>Takeaway:</strong> Legitimate interest for analytics does not exempt you from consent requirements under the ePrivacy Directive.</li>
</ul>
<h3>2. Meta Pixel and Targeted Advertising</h3>
<ul>
<li><strong>Meta Pixel:</strong> Tracking users across websites for targeted ads cannot solely rely on legitimate interest. Explicit consent is required since third-party cookies are used for cross-site tracking.</li>
<li aria-level="1"><strong>Detailed Scenario:</strong> A retail website installs Meta Pixel to track visitors and send them targeted ads on Facebook. The website owner may believe that targeted advertising is in their legitimate interest for better marketing efficiency. However, as cross-site tracking is involved, explicit user consent must be obtained to comply with the ePrivacy Directive.</li>
<li aria-level="1"><strong>Takeaway:</strong> Meta Pixel requires explicit user consent, even if legitimate interest could be claimed under GDPR.</li>
</ul>
<h3>3. First-Party Analytics</h3>
<ul>
<li aria-level="1"><strong>AesirX Analytics:</strong> While first-party analytics reduce privacy risks, consent is still necessary if cookies or local storage are involved.</li>
<li aria-level="1"><strong>Detailed Scenario:</strong> A website switches to AesirX Analytics to reduce dependency on third-party tracking. Despite using first-party data, explicit consent is still required if cookies are placed or data is stored locally on users' devices.</li>
<li aria-level="1"><strong>Takeaway:</strong> First-party solutions offer better control but do not eliminate the need for consent.</li>
</ul>
<h3>4. Email Marketing and User Segmentation</h3>
<ul>
<li aria-level="1"><strong>Newsletter Subscription:</strong> Sending targeted email campaigns based on user activity can be seen as a legitimate interest. However, segmentation based on behavior tracked through cookies still requires explicit consent under the ePrivacy Directive.</li>
<li aria-level="1"><strong>Detailed Scenario:</strong> A business sends personalized newsletters based on users' browsing history on its website. While email marketing might serve a legitimate interest, tracking user behavior to segment the audience involves cookies that require explicit consent.</li>
<li aria-level="1"><strong>Takeaway:</strong> Consent is needed for tracking-based segmentation, even if the emails themselves serve a legitimate interest.</li>
</ul>
<h3>5. Customer Support Chatbots</h3>
<ul>
<li aria-level="1"><strong>Chatbots:</strong> Using chatbots to provide customer support may fall under legitimate interest, but storing chat interactions or analyzing user behavior for improvements involves data processing that may require explicit consent.</li>
<li aria-level="1"><strong>Detailed Scenario:</strong> A website uses a chatbot for customer inquiries and stores user interactions to improve support quality. While the use of a chatbot may be considered a legitimate interest, storing and analyzing these conversations necessitates explicit user consent to comply with data protection regulations.</li>
<li aria-level="1"><strong>Takeaway:</strong> While chatbots can be used for legitimate interests like improving customer support, consent is required for storing or analyzing conversations.</li>
</ul>
<h2>Key Considerations for Website Owners</h2>
<ul>
<li aria-level="1"><strong>Balancing Test:</strong> Evaluate user expectations and risks to privacy when relying on legitimate interest.</li>
<li aria-level="1"><strong>Transparency:</strong> Clearly inform users about the data being collected, why it's collected, and how they can object.</li>
<li aria-level="1"><strong>Documenting Legitimate Interest:</strong> Properly document why processing is necessary and the safeguards in place. Include an assessment of privacy risks in your Data Protection Impact Assessment (DPIA).</li>
</ul>
<h2>Legitimate Interest Isn't a Free Pass</h2>
<p>The EDPB’s guidelines make it clear that legitimate interest is not a blanket legal basis, particularly for accessing users’ devices. Website owners must tread carefully, understanding that compliance with both GDPR and the ePrivacy Directive is about more than just ticking boxes – it's about building user trust. Recognize when consent is mandatory, document legitimate interests meticulously, and be proactive in balancing privacy with business needs.&nbsp;</p>
<p>By prioritizing transparency, actively obtaining consent, and regularly reviewing data practices, businesses can stay ahead of regulatory scrutiny and foster genuine user loyalty in a privacy-first world.</p>
<p>Ronni K. Gothard Christiansen // <span style="color: #1ab394;"><a href="https://twitter.com/VikingTechGuy" target="_blank" rel="noopener" style="color: #1ab394;">VikingTechGuy</a></span></p>
<p>Creator, AesirX.io</p>
<hr />
<h4>Short Summaries on Recent rulings from CJEU:</h4>
<p><span style="color: #1ab394;"><a href="https://www.linkedin.com/posts/ronnikc_language-of-document-activity-7248137955322552320-IAG-/" target="_blank" rel="noopener" style="color: #1ab394;">Case C‑621/22 (KNLTB vs. Autoriteit Persoonsgegevens)</a></span></p>
<p><span style="color: #1ab394;"><a href="https://www.linkedin.com/posts/ronnikc_language-of-document-activity-7248139684864794624-izKq/" target="_blank" rel="noopener" style="color: #1ab394;">Case C‑21/23 (ND vs. DR)</a></span></p>
<p><span style="color: #1ab394;"><a href="https://www.linkedin.com/posts/ronnikc_language-of-document-activity-7248159070665277440-MdaG/" target="_blank" rel="noopener" style="color: #1ab394;">Case C‑200/23 (OL and the Bulgarian Registration Agency)</a></span></p>
<p><span style="color: #1ab394;"><a href="https://www.linkedin.com/posts/ronnikc_language-of-document-activity-7248161372453122049-9llx/" target="_blank" rel="noopener" style="color: #1ab394;">Case C‑446/21 (Maximilian Schrems and Meta Platforms Ireland Ltd)</a></span></p>
<p style="text-align: center;"><br /><strong>AesirX Privacy Scanner for WordPress:</strong><br />Check your WordPress site complies with the ePrivacy Directive and GDPR by using<span style="color: #1ab394;"> <a href="https://privacyscanner.aesirx.io/" style="color: #1ab394;">AesirX Privacy Scanner</a></span>, which detects non-compliant elements like cookies and trackers.</p>

EDPB's 2024 Guidelines on Legitimate Interest: Key Takeaways for Website Owners

 Learn key takeaways from EDPB's 2024 guidelines on legitimate interest, and how they affect consent management, analytics, and tracking for website owners.

EDPB ‘24 Guidelines: Legitimate Interest for Web Owners

EDPB 2024 Guidelines on Legitimate Interest: Key Takeaways for Website Owners

<p><span class="fw-semibold" style="color: #808080; font-size: 18pt;">Last week, we took an<span class="white-space-pre"> </span><span style="color: #1ab391;"><a href="https://aesirx.io/blog/aesirx/press-release-aesirx-launches-consent-shield-for-wordpress-to-prevent-unauthorized-data-collection" target="_self" class="app-aware-link" style="color: #1ab391;">exciting step</a></span><span class="white-space-pre"> </span>towards making the internet a safer place for everyone. Today, I want to explore why blocking unauthorized trackers is so crucial, and how you can use the new AesirX Consent Shield to do just that – with a practical example using JetPack.</span></p>
<h2 id="ember60" class="ember-view reader-text-block__heading-3">The Problem with Third-Party Trackers on WordPress</h2>
<p id="ember61" class="ember-view reader-text-block__paragraph">WordPress, as one of the most popular website platforms, often relies on plugins that add extra functionality, like analytics, sharing buttons, and more. However, many of these plugins, including popular ones like<span class="white-space-pre"> </span><strong>JetPack</strong>, use third-party scripts, beacons, and pixel trackers that collect user data without explicit consent. These scripts can gather personal information, including location, behavior, and preferences, creating serious privacy concerns.</p>
<p id="ember62" class="ember-view reader-text-block__paragraph">JetPack, for instance, offers many useful features but also loads numerous third-party hosts that can collect data. This can expose website owners to significant compliance risks, particularly with stringent privacy laws like GDPR and the ePrivacy Directive.</p>
<h2>How AesirX Consent Shield Protects User Privacy</h2>
<p id="ember64" class="ember-view reader-text-block__paragraph"><strong>AesirX Consent Shield for WordPress</strong><span class="white-space-pre"> </span>is designed to tackle these privacy challenges head-on. It detects and blocks unauthorized trackers until visitors provide explicit consent, ensuring that privacy control is always in the hands of your users. By implementing our Consent Shield, WordPress site owners can avoid the risks of unauthorized data collection, stay compliant with regulations, and maintain trust with their audience.</p>
<h2 id="ember65" class="ember-view reader-text-block__heading-3">JetPack as an Example: Blocking Unauthorized Third-Party Scripts</h2>
<p id="ember66" class="ember-view reader-text-block__paragraph">Let's use<span class="white-space-pre"> </span><strong>JetPack</strong><span class="white-space-pre"> </span>as a practical example. JetPack includes several useful features, but it also loads scripts from third-party services that could be used for tracking. With AesirX Consent Shield, you can:</p>
<ul>
<li><strong>Automatically Detect Third-Party Plugins</strong>: Consent Shield will scan your WordPress site and identify all active plugins, including JetPack, and detect any third-party scripts they load.</li>
<li><strong>Block Unauthorized Scripts</strong>: You can configure Consent Shield to block scripts from JetPack's third-party hosts until users provide consent, ensuring that no data is collected without permission.</li>
<li><strong>Domain and Path-Based Script Blocking</strong>: Consent Shield allows you to specify which domains or paths to block, providing targeted control over what content is loaded on your site. This means you can block specific hosts loaded by JetPack that may pose privacy risks until your visitors explicitly agree.</li>
</ul>
<h2 id="ember68" class="ember-view reader-text-block__paragraph"><strong>Configuring Consent Shield to Block JetPack's Third-Party Hosts</strong></h2>
<p id="ember69" class="ember-view reader-text-block__paragraph">To help you get started, we’re including a visual of the WP configuration that shows how to add the two x third-party domains to the blocking URL function and use the automated plugin blocking feature in combination for JetPack to ensure that consent is set. This will ensure JetPack stats, which are loaded from a third-party URL, are blocked until consent has been given.</p>
<p><img src="https/api.aesirx.io/images/https/api.aesirx.io/images/https/api.aesirx.io/images/https/api.aesirx.io/images/example-of-wordpress-configuration-set-up-to-block-the-load-of-3rd-party-hosts.png" alt="example of wordpress configuration set up to block the load of 3rd party hosts" width="1063" height="1000" /></p>
<h2 id="ember71" class="ember-view reader-text-block__paragraph"><strong>The Importance of Blocking Beacons, Pixel Trackers, and JavaScript Files</strong></h2>
<p id="ember72" class="ember-view reader-text-block__paragraph">The widespread use of pixel trackers, beacons, and other third-party scripts has resulted in extensive abuse of user data, often without users’ knowledge. These scripts can track every interaction a user makes on a website, including personal information such as location, behaviors, and preferences – leading to a profound loss of user privacy. Such misuse has become a major point of concern for regulatory bodies, resulting in significant fines for companies that fail to comply with GDPR and other privacy laws.</p>
<p id="ember73" class="ember-view reader-text-block__paragraph">For example, recent penalties imposed on major companies for using trackers without proper consent have highlighted the urgency for website owners to implement robust consent mechanisms.<span class="white-space-pre"> </span><strong>AesirX Consent Shield for WordPress</strong><span class="white-space-pre"> </span>allows businesses to prevent these violations by blocking such scripts until proper user consent is obtained, offering a practical solution to one of the most pressing privacy challenges in the digital landscape today.</p>
<h2 id="ember74" class="ember-view reader-text-block__paragraph"><strong>Simple, Quick Setup</strong></h2>
<p id="ember75" class="ember-view reader-text-block__paragraph">Setting up the Consent Shield is easy – install our plugin, configure plugin detection and blocking, and customize the consent banner for your site. In just a few steps, you’re providing visitors with real privacy protections while ensuring that your business or your clients business avoids the pitfalls of non-compliance.</p>
<h2 id="ember76" class="ember-view reader-text-block__paragraph"><strong>Join Us on This Privacy Mission</strong></h2>
<p id="ember77" class="ember-view reader-text-block__paragraph">The AesirX Consent Shield is a step towards better digital trust and ethical data practices. If you're as passionate about privacy as I am, I invite you to learn more and join our mission to make privacy-first the new default.</p>
<p id="ember78" class="ember-view reader-text-block__paragraph">Check out our<span class="white-space-pre"> </span><span style="color: #1ab391;"><a href="https://aesirx.io/documentation/analytics/how-to/using-aesirx-consent-shield-for-privacy-compliance-on-wordpress" target="_self" class="app-aware-link" style="color: #1ab391;">How-To Guide on setting up AesirX Consent Shield for WordPress</a></span><span class="white-space-pre"> </span>and let’s keep the internet privacy-compliant, one WordPress site at a time!</p>
<p id="ember79" class="ember-view reader-text-block__paragraph">Ronni K. Gothard Christiansen //<span class="white-space-pre"> </span><span style="color: #1ab391;"><a href="https://twitter.com/VikingTechGuy" target="_self" class="app-aware-link" style="color: #1ab391;">VikingTechGuy</a></span><span class="white-space-pre"> </span></p>
<p id="ember80" class="ember-view reader-text-block__paragraph">Creator,<span class="white-space-pre"> </span><span style="color: #1ab391;"><a href="http://aesirx.io/" target="_self" class="app-aware-link" style="color: #1ab391;">AesirX.io</a></span></p>
<p id="ember81" class="ember-view reader-text-block__paragraph"><strong>AesirX Early Agency Adopter Program</strong><span class="white-space-pre"> </span>is now open, read all about the<span class="white-space-pre"> </span><span style="color: #1ab391;"><a href="https://aesirx.io/partner" target="_self" class="app-aware-link" style="color: #1ab391;">advantages and benefits</a></span><span class="white-space-pre"> </span>of becoming an early adopter of privacy-focused solutions and help your clients avoid risk of fines and negative attention while earning up to 25% commission on licenses.</p>

Why Blocking Unauthorized Trackers Matters in WordPress

Why blocking unauthorized trackers is so crucial, and how you can use the new AesirX Consent Shield to do just that.

Why Blocking Unauthorized Trackers Matters in WordPressbo

<p><span class="fw-semibold" style="color: #808080; font-size: 18pt;">In the heart of Copenhagen on <strong>September 27, 2024</strong>, European digital policymakers from the D9+ gathered for a pivotal Ministerial Meeting, setting the course for the future of the Digital Single Market (DSM). The outcomes of this meeting highlight significant shifts in how Europe approaches digital transformation, privacy, and innovation, with implications that will ripple across industries and borders.</span></p>
<p>As technology continues to evolve at a breakneck speed, the D9+ countries are focused on responsible, fair, and secure digitalization. The <span style="color: #1ab391;"><a href="https://www.svensktnaringsliv.se/skolforum/6l2hgg_d9-declaration-for-ministerial-meeting-in-copenhagen-approvedpdf_1221270.html/D9%252B+Declaration+for+Ministerial+Meeting+in+Copenhagen+%2528approved%2529.pdf" style="color: #1ab391;">declaration issued</a></span> during this meeting outlines several crucial areas where the EU intends to strengthen its regulatory framework and reinforce its commitment to a privacy-first digital ecosystem. Here are the key takeaways and what they mean for businesses, innovators, and consumers across Europe.</p>
<h2>Advancing the Digital Single Market</h2>
<p>Over the past few years, the DSM has seen a flurry of legislative advancements with the introduction of groundbreaking regulations, including the AI Act, Data Act, Cyber Resilience Act, Digital Services Act, and the revised eIDAS Regulation. These frameworks aim to harmonize Europe’s approach to digital services, data management, and security.</p>
<p>However, as technology evolves, so too must the regulatory landscape. The D9+ countries are keenly aware of the need for vigilance in addressing emerging risks and opportunities in the digital space. As the declaration emphasizes, "the digital domain is one of constant change," and keeping pace with new developments is essential for maintaining a coherent and secure DSM.</p>
<h2>Risk-Based, Evidence-Based Regulation</h2>
<p>One of the strongest messages from the meeting was the commitment to risk-based and evidence-based regulation. This means that future laws must be founded on solid evidence, addressing only real, demonstrated issues, and must avoid stifling innovation. Regulations should aim to:</p>
<ul>
<li aria-level="1">Reduce burdens on businesses.</li>
<li aria-level="1">Promote new business models and technological innovation.</li>
<li aria-level="1">Ensure that digital rights, particularly the rights of vulnerable groups such as children, are upheld in a proportionate and balanced manner.</li>
</ul>
<p>This emphasis on balance is vital as Europe seeks to build a competitive digital economy while ensuring that innovation does not come at the expense of user privacy or data security.</p>
<h2>Key Priorities for the Next European Commission</h2>
<p>The D9+ countries also called on the upcoming European Commission to prioritize implementing the recently adopted regulations and to review the existing digital regulatory framework for effectiveness, efficiency, and coherence. Two specific areas were highlighted for immediate attention:</p>
<ul>
<li aria-level="1"><strong>Strengthened Framework on Cookies and Online Tracking:</strong> As digital consumers, we are all familiar with the concept of "cookie fatigue" – those endless pop-up consent boxes. The current regulatory framework is outdated and creates consent fatigue, legal uncertainty, and dark patterns that confuse users. The D9+ emphasized the urgent need to harmonize regulations, making online tracking more transparent and manageable, especially when it comes to protecting children from unwanted tracking.</li>
<li aria-level="1"><strong>Realizing the Potential of EUDI Wallets:</strong> The European Digital Identity (EUDI) Wallet is set to revolutionize the Single Market by enabling seamless identity verification across borders. The D9+ views the successful implementation of EUDI Wallets as a key priority for creating a more integrated and accessible digital market, making it easier for citizens and businesses alike to engage in cross-border digital activities.</li>
</ul>
<h2>Implications for Businesses: Embrace Privacy-First Strategies</h2>
<p>For businesses, the outcomes of the D9+ Ministerial Meeting signal a clear directive: embracing privacy-first strategies is no longer optional – it’s essential for survival in today's digital environment. The EU's push towards a privacy-centric framework requires businesses to move away from third-party data and excessive tracking practices that have dominated digital marketing and analytics for years. Instead, businesses must adopt first-party solutions that align with regulatory demands and foster greater customer trust.</p>
<p><span style="color: #1ab391;"><a href="https://privacyscanner.aesirx.io/first-party" target="_blank" rel="noopener" style="color: #1ab391;">AesirX’s First-Party Foundation</a></span> provides a comprehensive suite of tools that enable businesses to collect and analyze first-party data without compromising privacy. A key differentiator of AesirX’s approach is that consumers maintain control over their data. In the AesirX data model, users can make informed decisions about how their data is shared, with consent mechanisms ensuring that data is processed only with explicit, informed consent. While businesses may handle user data, they do so in a transparent, privacy-preserving manner. AesirX provides the infrastructure for this secure exchange without directly accessing or storing the data itself​​.</p>
<p>Solutions like AesirX Analytics &amp; CMP and AesirX Shield of Privacy work together to offer privacy-compliant analytics and decentralized consent management, enabling businesses to process data securely and ethically while ensuring that users remain in control of their personal information. The AesirX Shield of Privacy (SoP) adds a pseudonymization layer, ensuring that sensitive user data – such as personal identifiers or location information – is masked during processing. This allows businesses to analyze customer behavior and gain valuable insights through <span style="color: #1ab391;"><a href="https://analytics.aesirx.io" target="_blank" rel="noopener" style="color: #1ab391;">AesirX Analytics &amp; CMP</a></span> while ensuring full compliance with privacy regulations​​.</p>
<p>With AesirX Analytics &amp; CMP, businesses can utilize first-party data collected through explicit consent facilitated by AesirX’s decentralized consent model. This allows businesses to operate transparently while allowing users to retain control of their data, creating an ecosystem where trust is built on informed data ownership. Through AesirX Analytics &amp; CMP, businesses can optimize their strategies using user-approved data, further aligning with GDPR and ePrivacy Directive requirements​​.</p>
<p><span style="color: #1ab391;"><a href="https://aesirx.io/blog/analytics/concordium-s-zero-knowledge-proof-in-aesirx-analytics" target="_blank" rel="noopener" style="color: #1ab391;">Concordium’s zero-knowledge proof (ZKP) technology</a></span> plays a crucial role in enhancing age and country verification processes. By leveraging indirect ZKP, businesses can verify user information such as age or country of residence without revealing sensitive personal data. This is particularly important for companies operating across borders or managing sensitive customer interactions. Through the AesirX infrastructure, which integrates Concordium’s blockchain ID technology, businesses can ensure that verification processes are compliant, secure, and privacy-preserving, enabling them to build trust with users while adhering to strict regulatory frameworks​​.</p>
<h2>Why a Privacy-First Strategy is Essential for Competitiveness</h2>
<p>As consumers become more privacy-conscious, adhering to regulations like the GDPR and ePrivacy Directive is not just a compliance necessity – it’s a strategic imperative. Studies indicate that 68% of consumers globally are concerned about their online privacy, and businesses that proactively adopt privacy-first strategies are poised to differentiate themselves by fostering greater trust and loyalty​​.</p>
<p>The move towards privacy-first approaches is about more than avoiding regulatory penalties; it’s about building a competitive advantage. Businesses that invest in privacy-enhancing technologies like first-party data solutions, decentralized consent mechanisms, and pseudonymization layers such as the AesirX Shield of Privacy will be seen as ethical, trustworthy, and secure – key factors in earning consumer loyalty in the digital age​. As regulations tighten, businesses that fail to prioritize privacy risk not only hefty fines – which have already exceeded €2.1 billion in 2023 – but also reputational damage that could significantly impact customer retention and market standing​.</p>
<p>With <span style="color: #1ab391;"><a href="https://aesirx.io" target="_blank" rel="noopener" style="color: #1ab391;">AesirX’s decentralized consent model and privacy-first infrastructure</a></span>, consumers retain significant control over their data, with businesses processing data only with explicit and informed consent. By leveraging AesirX Analytics &amp; CMP, businesses can enhance their operations using user-authorized data, gaining insights that drive growth while maintaining full compliance with privacy laws​​. Additionally, with Concordium’s ZKP-based age and country verification, businesses can confirm key user details without exposing sensitive information, enhancing trust and regulatory compliance​​.</p>
<h2>A More Resilient and Sustainable Digital Future</h2>
<p>The D9+ meeting underscores Europe’s commitment to a privacy-centric digital transformation, where innovation, regulation, and consumer trust must coexist. The future of Europe’s digital market will be built on sustainable practices, where businesses that embrace privacy-first strategies and first-party solutions will thrive.</p>
<p>Businesses need to re-evaluate their data practices, ensuring that privacy and security are built into their operations from the ground up. This means investing in technologies that offer real-time compliance monitoring, secure identity management, and transparent consent mechanisms. Those who do will not only navigate the regulatory landscape with ease but also build stronger customer relationships by aligning with the values of privacy, transparency, and trust​​​.</p>
<p>By adopting privacy-first tools such as <span style="color: #1ab391;"><a href="https://shield.aesirx.io" target="_blank" rel="noopener" style="color: #1ab391;">AesirX Shield of Privacy</a></span>, which includes pseudonymization for user data, and integrating privacy into the core of their digital strategies through AesirX Analytics &amp; CMP, businesses will not only avoid regulatory pitfalls but also gain a competitive edge in a market that increasingly values ethical data practices​​.</p>
<p>While businesses still handle data to some extent, AesirX’s infrastructure ensures that all data interactions are transparent and occur with explicit consent, allowing users to retain ownership and control over their personal information. This data flows through AesirX Shield of Privacy into AesirX Analytics &amp; CMP, creating a compliant ecosystem where businesses can leverage data insights without compromising on user trust or privacy. Concordium’s zero-knowledge proofs further enhance these processes, allowing businesses to carry out age and country verifications without needing to expose users’ private data​​.</p>
<p>As Europe continues to refine its digital policies, now is the time for businesses to reimagine their data strategies, build privacy into their core operations, and capitalize on these regulations as opportunities for growth and differentiation. The D9+ Ministerial Meeting in Copenhagen marks a pivotal moment in Europe’s digital journey, and businesses that proactively embrace these changes will be best positioned to succeed in the years ahead.</p>
<p>Gaining a competitive edge and aligning with the values of privacy, transparency, and trust that are becoming central to European consumers is critical for future growth.</p>
<p>Ronni K. Gothard Christiansen // <span style="color: #1ab391;"><a href="https://twitter.com/VikingTechGuy" style="color: #1ab391;">VikingTechGuy</a>&nbsp;</span></p>
<p>Creator, AesirX.io</p>

The Future of Europe's Digital Transformation: Key Insights from the D9+ Ministerial Meeting in Copenhagen

The D9+ Ministerial Meeting is shaping Europe’s digital future with privacy-first regulations, changing business strategies and building consumer trust.

The Future of Europe's Digital Transformation: Key Insights from the D9 Ministerial Meeting in Copenhagen

<p><span class="fw-semibold" style="color: #808080; font-size: 18pt;">As a dedicated open-source advocate with over 25 years of experience and the creator of AesirX, I've seen the real impact of collaboration in building strong, lasting ecosystems. Open source isn’t just about sharing code; it embodies a philosophy of collective growth, mutual respect, and the unwavering belief that we’re part of something much bigger than ourselves. <span style="color: #1ab394;"><a href="https://techcrunch.com/2024/09/22/matt-mullenweg-calls-wp-engine-a-cancer-to-wordpress-and-urges-community-to-switch-providers/" style="color: #1ab394;">Recent events at WordCamp US</a></span> have highlighted how important these values are, particularly through Matt Mullenweg’s courageous stance in addressing significant community issues.</span></p>
<h2>Supporting Matt Mullenweg: Courage and Commitment</h2>
<p>I want to extend my heartfelt support to Matt Mullenweg for his bold decision to call out WP Engine on stage at WordCamp US. Addressing such a pivotal and contentious subject in a public forum takes immense courage, and it underscores Matt’s unwavering commitment to the integrity and sustainability of the WordPress ecosystem. By tackling these issues directly, Matt has emphasized the need to uphold fairness and transparency within our community. His actions set a precedent for open dialogue, accountability, and a collective effort to cultivate a healthier ecosystem.</p>
<h2>Focusing on Contribution and Fairness in the Open Source Ecosystem</h2>
<p>In the spirit of fostering a more equitable and collaborative environment, it’s essential to examine what true contribution means within the open-source community. Contributions are the lifeblood of projects like WordPress, ensuring their growth, sustainability, and continuous improvement. However, the current dynamics within the WordPress community raise important questions about fairness and the proportionality of contributions from different stakeholders.</p>
<h2>WP Engine's Contributions: A Critical Examination</h2>
<p>WP Engine, a major player in the WordPress hosting space, claims to contribute 40 hours per week to the WordPress project under the "Five for the Future" initiative. On the surface, this may seem commendable. However, when we dig deeper, the context reveals a different story. WP Engine generates nearly half a billion USD in revenue annually, predominantly built on the foundation of WordPress. Yet, their contribution of 40 hours per week, equivalent to a single full-time resource, falls short of what one would expect from a company of their stature and financial success.</p>
<p>The success of WP Engine is inherently tied to WordPress’s growth, yet their limited contribution in terms of development hours raises concerns about their commitment to maintaining the long-term vitality of the platform that underpins their business.</p>
<p>This disparity raises a pressing question: Is WP Engine's contribution a genuine effort to support the WordPress ecosystem, or is it a strategic move to leverage the "Five for the Future" initiative for marketing and branding purposes? When a company benefits so significantly from an open-source project, it bears a proportional responsibility to give back. A single full-time resource, while beneficial, does not align with the scale of WP Engine's impact and revenue.</p>
<h2>The Free Rider Phenomenon</h2>
<p>Smaller organizations and individual contributors often invest a substantial portion of their limited resources – sometimes 5-10 hours per week or more – into projects like WordPress. These contributions are driven by a deep understanding and appreciation of what we are collectively building. They represent sacrifices and a commitment to ensuring that the platform remains free, open, and accessible to all.</p>
<p>When large companies like WP Engine contribute at a rate that appears disproportionate to their benefits, it creates an imbalance within the community. It creates a perception of free-riding, where contributions are seen not as genuine support but as token gestures to reap marketing benefits. This undermines the efforts of smaller contributors, who invest significantly more relative to their means, often without the same level of recognition or reward.</p>
<h2>Proposing a Tiered Contribution Model</h2>
<p>To address these disparities and for a more fair and balanced contribution landscape, I propose the implementation of a Tiered Contribution Model based on company revenue. This model aims to align contributions with the financial benefits companies derive from the WordPress ecosystem, promoting equity and sustainability within our community.</p>
<ul>
<li aria-level="1"><strong>Tier 1:</strong> Up to $1 Million USD Annual Revenue<br /><strong>Contribution Expectation:</strong> 1-2 hours per week or more</li>
<li aria-level="1"><strong>Tier 2:</strong> $1 Million to $10 Million USD Annual Revenue<br /><strong>Contribution Expectation</strong>: 10-20 hours per week or more</li>
<li aria-level="1"><strong>Tier 3:</strong> $10 Million to $100 Million USD Annual Revenue<br /><strong>Contribution Expectation:</strong> 100-200 hours per week or more</li>
<li aria-level="1"><strong>Tier 4:</strong> $100 Million to $1 Billion USD Annual Revenue<br /><strong>Contribution Expectation:</strong> 1,000-2,000 hours per week or more</li>
<li aria-level="1"><strong>Tier 5</strong>: Above $1 Billion USD Annual Revenue<br /><strong>Contribution Expectation:</strong> 2,000+ hours per week or more</li>
</ul>
<p>Additionally, contributions that exceed the expected levels for each tier should be eligible for special recognition. This not only rewards companies that go above and beyond their basic contributions but also encourages others to strive for higher levels of support. Openness in reporting contributions should not only be expected but actively encouraged, as open-source thrives on the transparency and trust that come with accountability.</p>
<h2>Automattic: Leading by Example</h2>
<p>While there is considerable discussion about how both Automattic and WP Engine may confuse users regarding the WordPress brand – Automattic with WordPress.com and WP Engine with its focus on managed hosting services – it is crucial to highlight the positive impact Automattic has had on the WordPress ecosystem. Automattic is nearing 4,000 hours of contribution, setting a high standard for other companies to follow. Their substantial support underlines the importance of leading by example in the open-source community. Despite the brand confusion issues, Automattic's dedication to contributing back to WordPress exemplifies the kind of commitment needed to sustain and grow our shared platform.</p>
<h2>The Importance of Proportional Contribution</h2>
<p>Open-source ecosystems thrive on the principle of reciprocity. Those who benefit the most from the community should contribute back in ways that reflect their usage and impact. For WP Engine, this means going beyond the minimum requirements and ensuring that their contributions are meaningful and proportionate to their revenue and influence.</p>
<p>A more balanced approach would involve WP Engine scaling their contributions to match the value they derive from WordPress. This could include increasing their development hours, funding critical initiatives, sponsoring events, or providing resources that directly benefit the broader community. Such actions would not only enhance the platform but also reinforce the company's commitment to the principles of open source.</p>
<h2>Fostering a Collaborative and Equitable Community</h2>
<p>To maintain the integrity and sustainability of the WordPress ecosystem, it’s essential to address these disparities in contribution. Here are a few steps the community can take:</p>
<ul>
<li aria-level="1">Establish Clear Contribution Guidelines: Define what constitutes meaningful contributions, especially for larger companies, to keep their efforts aligned with the community's needs.</li>
<li aria-level="1">Enhance Transparency: Encourage companies to openly share their contributions and the impact they have on the project. Transparency strengthens trust and accountability.</li>
<li aria-level="1">Promote Equitable Participation: Make sure that all contributors, whether individuals or organizations, feel valued and empowered to contribute in ways that best suit their capabilities and resources.</li>
</ul>
<h2>Building Together with Integrity</h2>
<p>Open source thrives on the genuine contributions of its community members. While every contribution, big or small, is vital, these efforts must align with the benefits received. Companies like WP Engine have a responsibility to lead by example, showing that true contribution extends beyond fulfilling obligations – it reflects a commitment to the project’s success and the community's well-being.</p>
<p>To strengthen our ecosystem, let’s connect our actions with our values. Establishing clear contribution guidelines and promoting transparency will help ensure a sustainable future for WordPress. As we face these challenges, we must reaffirm our dedication to fairness, transparency, and authentic collaboration.</p>
<p>As a small-tech, privacy-first startup, AesirX, like many independent organizations, strives to make meaningful contributions. I personally contribute 5 hours per week, and we encourage voluntary participation from our partners and staff to keep supporting the ecosystem that supports us.</p>
<p>I invite the WordPress community, contributors, and organizations to reflect on their own contributions and join the conversation about creating a more equitable, sustainable open-source future.</p>
<p>Ronni K. Gothard Christiansen // <span style="color: #1ab394;"><a href="https://twitter.com/VikingTechGuy" style="color: #1ab394;">VikingTechGuy</a>&nbsp;</span></p>
<p>Creator, AesirX.io</p>

The True Essence of Contribution in Open Source: A Call for Fairness and Authenticity

Advocating for fairness in open source, this blog explores the need for proportional contributions in WordPress and calls for greater transparency

The True Essence of Contribution: A Call for Fairness

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