[wp-meta] [Making WordPress.org] #7736: Google Tag Manager is called without consent
Making WordPress.org
noreply at wordpress.org
Fri Aug 9 08:30:53 UTC 2024
#7736: Google Tag Manager is called without consent
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Reporter: psmits1567 | Owner: (none)
Type: defect (bug) | Status: new
Priority: high | Milestone:
Component: WordPress.org Site | Resolution:
Keywords: |
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Comment (by vikingtechguy):
In relation to Consent for pixel trackers / beacons / cookies - this is
also for the cookie / consent solution provider and not just the website
owner.
A German court has just dismissed the argument of a third party cookie
provider that it is not liable for placing cookies without the consent of
the end user, because that's the responsibility of the website operators.
The court held that the fact that the website operators are responsible
for obtaining consent according to their general terms and conditions does
not exonerate the controller form liability.
All 3rd party Consent Management solutions require consent before they can
be loaded, meaning if you are one of 100,000s of companies in EU paying
monthly subscriptions to be "compliant" you are not and subsequently the
same applies in full for analytics, tracking. profiling, advertising etc.
without any doubt.
In this sense Automattic is also a 3rd party and so it is clear that
consent is also required for the other ones also @jonoaldersonwp and both
the website owner and the 3rd party supplier are legally at risk for
ensuring an informed and explicit consent is given from the user as well
as clear options to reject and to opt-out.
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Ticket URL: <https://meta.trac.wordpress.org/ticket/7736#comment:13>
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