Contentsquare’s cookies and CNIL consent exemption
Contentsquare successfully participated, for its digital analytics solution (“CS Digital”), in the audience measurement evaluation program conducted by the French Data Protection Authority (the “CNIL”). We now offer our customers an option exempt from consent (“Exemption Mode”) in accordance with the CNIL’s cookies and other tracking devices guidelines (the “Guidelines”).
- What are the Guidelines about?
On July 4, 2019, the CNIL published new Guidelines on requirements for obtaining consent from website visitors’ for the use of cookies. On September 17, 2020, the CNIL revised the Guidelines (following a decision issued by the Council of State that partially canceled the Guidelines) and provided recommendations on practicalities for obtaining consent. These guidelines were adopted to take into account the consent requirements set out by the General Data Protection Regulation (GDPR).
The CNIL has historically considered that analytics cookies could be exempt from the visitor’s consent, subject to strict conditions. In Article 5 of these new Guidelines, the CNIL listed consent exemption conditions for analytics cookies, including that they must be limited to measuring the website’s audience only on website operator’s behalf and used solely to produce anonymous statistical data.
- What is the Exemption Mode for?
The Exemption Mode is an option of CS Digital which allows our customers to use Contentsquare cookies without having to obtain their visitor’s consent.
This option has been developed by Contentsquare and assessed by the CNIL as part of their evaluation program. The Exemption Mode is on the CNIL’s list of exempt solutions.
Please note that the Exemption Mode only applies in France 🇫🇷 (Customers and/or users based in France).
Below a comparison of our privacy options provided by CS Digital from a data protection perspective:
CS Digital | Exemption mode* | Cookieless | |
Objective | Providing our customers with a complete experience analytics solution | Providing our customers with an option for experience analytics without their visitors consent *Only for Customers and/or | Providing our customers with an alternative version of our experience analytics solution with an increased focus on privacy without using cookies. |
Type of tracking technology | First-party cookie | First-party cookie | SessionStorage |
Tracking technology retention | 13 months maximum without automatic extension | 13 months maximum without automatic extension | For the duration of the session |
Types of personal data* | IP address**, cookie ID and behavioral data | IP address, cookie ID and behavioral data | IP address, user (session) ID and behavioral data |
Purpose of processing | Solely to analyze visitors online behavior to improve their journey and the performance of the Customer's websites and mobile applications, on behalf of our customers. | Solely to analyze visitors | Solely to analyze visitors online behavior to improve their journey and the performance of the Customer's websites and mobile applications, on behalf of our customers. |
Data Retention | 13 months | 13 months | 13 months |
Location of stored personal data | In our hosting providers’ data centers (EU or US). Please see more information here | In our hosting providers’ data centers (EU or US). Please see more information here | In our hosting providers’ data centers (EU or US). Please see more information here |
Consent requirement | It depends on the applicable cookies regulations to our customers: some countries require a prior user's consent to use our analytics cookies (“opt-in”), and some don’t (“opt-out”). It is up to our customer, as Data Controller, to decide. | In France - No, if the customer complies with the Guidelines and implements settings set out in the Contentsquare User Guide. | It depends on the applicable cookies regulations to our customers: some countries require a prior user's consent to use our analytics cookies (“opt-in”), and some don’t (“opt-out”). It is up to our customer, as Data Controller, to decide. |
Cookie Policy requirement | Yes | Yes | Yes, if the SessionStorage is subject to the applicable cookies regulation. |
*Additional types of personal data may be requested by the customer or incorporated as part of the ordered services (which will be processed only to the minimum extent necessary)
**Contentsquare also offers an IP-less mode which allows customers to use our solution without collecting the IP address.
For more information about the Exemption Mode’s activation and features, please refer to our help center here.