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• GDPR Compliance and Personal Data : The Ultimate Guide

  22 septembre 2023, par Erin — GDPR

  According to the International Data Corporation (IDC), the world generated 109 zettabytes of data in 2022 alone, and that number is on track to nearly triple to 291 zettabytes in 2027. For scale, that’s one trillion gigs or one followed by 21 zeros in bytes.

  A major portion of that data is generated online, and the conditions for securing that digital data can have major real-world consequences. For example, online identifiers that fall into the wrong hands can be used nefariously for cybercrime, identity theft or unwanted targeting. Users also want control over how their actions are tracked online and transparency into how their information is used.

  Therefore, regional and international regulations are necessary to set the terms for respecting users’ privacy and control over personal information. Perhaps the most widely known of these laws is the European Union’s General Data Protection Regulation (GDPR).

  What is personal data under GDPR ?

  Under the General Data Protection Regulation (GDPR), “personal data” refers to information linked to an identifiable natural person. An “identifiable natural person” is someone directly or indirectly recognisable via individually specific descriptors such as physical, genetic, economic, cultural, employment and social details.

  It’s important to note that under GDPR, the definition of personal data is very broad, and it encompasses both information that is commonly considered personal (e.g., names and addresses) and more technical or specialised data (e.g., IP addresses or device IDs) that can be used to identify individuals indirectly.

  Organisations that handle personal data must adhere to strict rules and principles regarding the processing and protection of this data to ensure individuals’ privacy rights are respected and upheld.

  Personal data can include, but is not limited to, the following :

  1. Basic Identity Information : This includes a person’s name, government-issued ID number, social address, phone number, email address or other similar identifiers.
  2. Biographical Information : Details such as date of birth, place of birth, nationality and gender.
  3. Contact Information : Information that allows communication with the individual, such as phone numbers, email addresses or mailing addresses.
  4. Financial Information : Data related to a person’s finances, including credit card numbers, bank account numbers, income records or financial transactions.
  5. Health and Medical Information : Information about a person’s health, medical history or healthcare treatments.
  6. Location Data : Data that can pinpoint a person’s geographical location, such as GPS coordinates or information derived from mobile devices.
  7. Online Identifiers : Information like IP addresses, cookies or other online tracking mechanisms that can be used to identify or track individuals online.
  8. Biometric Data : Unique physical or behavioural characteristics used for identification, such as fingerprints, facial recognition data or voiceprints.

  Sensitive Data

  Sensitive data is a special category of personal data prohibited from processing unless specific conditions are met, including users giving explicit consent. The data must also be necessary to fulfil one or more of a limited set of allowed purposes, such as reasons related to employment, social protections or legal claims.

  Sensitive information includes details about a person’s racial or ethnic origin, sexual orientation, political opinions, religion, trade union membership, biometric data or genetic data.

  What are the 7 main principles of GDPR ?

  The 7 principles of GDPR guide companies in how to properly handle personal data gathered from their users.

  

  The seven principles of GDPR are :

  1. Lawfulness, fairness and transparency

  Lawfulness means having legal grounds for data processing, such as consent, legitimate interests, contract and legal obligation. If you can achieve your objective without processing personal data, the basis is no longer lawful.

  Fairness means you’re processing data reasonably and in line with users’ best interests, and they wouldn’t be shocked if they find out what you’re using it for.

  Transparency means being open regarding when you’re processing user data, what you’re using it for and who you’re collecting it from.

  To get started with this, use our guide on creating a GDPR-compliant privacy policy.

  2. Purpose limitation

  You should only process user data for the original purposes you communicated to users when requesting their explicit consent. If you aim to undertake a new purpose, it must be compatible with the original stated purpose. Otherwise, you’ll need to ask for consent again.

  3. Data minimisation

  You should only collect as much data as you need to accomplish compliant objectives and nothing more, especially not other personally identifiable information (PII).

  Matomo provides several features for extensive data minimisation, including the ability to anonymize IP addresses.

  Data minimisation is well-liked by users. Around 70% of people have taken active steps towards protecting their identity online, so they’ll likely appreciate any principles that help them in this effort.

  

  4. Accuracy

  The user data you process should be accurate and up-to-date where necessary. You should have reasonable systems to catch inaccurate data and correct or delete it. If there are mistakes that you need to store, then you need to label them clearly as mistakes to keep them from being processed as accurate.

  5. Storage limitation

  This principle requires you to eliminate data you’re no longer using for the original purposes. You must implement time limits, after which you’ll delete or anonymize any user data on record. Matomo allows you to configure your system such that logs are automatically deleted after some time.

  6. Integrity and confidentiality

  This requires that data processors have security measures in place to protect data from threats such as hackers, loss and damage. As an open-source web analytics solution, Matomo enables you to verify its security first-hand.

  7. Accountability

  Accountability means you’re responsible for what you do with the data you collect. It’s your duty to maintain compliance and document everything for audits. Matomo tracks a lot of the data you’d need for this, including activity, task and application logs.

  Who does GDPR apply to ?

  The GDPR applies to any company that processes the personal data of EU citizens and residents (regardless of the location of the company). 

  If this is the first time you’ve heard about this, don’t worry ! Matomo provides tools that allow you to determine exactly what kinds of data you’re collecting and how they must be handled for full compliance. 

  Best practices for processing personal data under GDPR

  Companies subject to the GDPR need to be aware of several key principles and best practices to ensure they process personal data in a lawful and responsible manner.

  Here are some essential practices to implement :

  1. Lawful basis for processing : Organisations must have a lawful basis for processing personal data. Common lawful bases include the necessity of processing for compliance with a legal obligation, the performance of a contract, the protection of vital interests and tasks carried out in the public interest. Your organisation’s legitimate interests for processing must not override the individual’s legal rights. 
  2. Data minimisation : Collect and process only the personal data that is necessary for the specific purpose for which it was collected. Matomo’s anonymisation capabilities help you avoid collecting excessive or irrelevant data.
  3. Transparency : Provide clear and concise information to individuals about how their data will be processed. Privacy statements should be clear and accessible to users to allow them to easily understand how their data is used.
  4. Consent : If you are relying on consent as a lawful basis, make sure you design your privacy statements and consent forms to be usable. This lets you ensure that consent is freely given, specific, informed and unambiguous. Also, individuals must be able to withdraw their consent at any time.
  5. Data subject rights : You must have mechanisms in place to uphold the data subject’s individual rights, such as the rights to access, erase, rectify errors and restrict processing. Establish internal processes for handling such requests.
  6. Data protection impact assessments (DPIAs) : Conduct DPIAs for high-risk processing activities, especially when introducing new technologies or processing sensitive data.
  7. Security measures : You must implement appropriate technical security measures to maintain the safety of personal data. This can include ‌security tools such as encryption, firewalls and limited access controls, as well as organisational practices like regular security assessments. 
  8. Data breach response : Develop and maintain a data breach response plan. Notify relevant authorities and affected individuals of data breaches within the required timeframe.
  9. International data transfers : If transferring personal data outside the EU, ensure that appropriate safeguards are in place and consider GDPR provisions. These provisions allow data transfers from the EU to non-EU countries in three main ways :
     1. When the destination country has been deemed by the European Commission to have adequate data protection, making it similar to transferring data within the EU.
     2. Through the use of safeguards like binding corporate rules, approved contractual clauses or adherence to codes of conduct.
     3. In specific situations when none of the above apply, such as when an individual explicitly consents to the transfer after being informed of the associated risks.
  10. Data protection officers (DPOs) : Appoint a data protection officer if required by GDPR. DPOs are responsible for overseeing data protection compliance within the organisation.
  11. Privacy by design and default : Integrate data protection into the design of systems and processes. Default settings should prioritise user privacy, as is the case with something like Matomo’s first-party cookies.
  12. Documentation : Maintain records of data processing activities, including data protection policies, procedures and agreements. Matomo logs and backs up web server access, activity and more, providing a solid audit trail.
  13. Employee training : Employees who handle personal data must be properly trained to uphold data protection principles and GDPR compliance best practices. 
  14. Third-party contracts : If sharing data with third parties, have data processing agreements in place that outline the responsibilities and obligations of each party regarding data protection.
  15. Regular audits and assessments : Conduct periodic audits and assessments of data processing activities to ensure ongoing compliance. As mentioned previously, Matomo tracks and saves several key statistics and metrics that you’d need for a successful audit.
  16. Accountability : Demonstrate accountability by documenting and regularly reviewing compliance efforts. Be prepared to provide evidence of compliance to data protection authorities.
  17. Data protection impact on data analytics and marketing : Understand how GDPR impacts data analytics and marketing activities, including obtaining valid consent for marketing communications.

  Organisations should be on the lookout for GDPR updates, as the regulations may evolve over time. When in doubt, consult legal and privacy professionals to ensure compliance, as non-compliance could potentially result in significant fines, damage to reputation and legal consequences.

  What constitutes a GDPR breach ?

  Security incidents that compromise the confidentiality, integrity and/or availability of personal data are considered a breach under GDPR. This means a breach is not limited to leaks ; if you accidentally lose or delete personal data, its availability is compromised, which is technically considered a breach.

  What are the penalty fines for GDPR non-compliance ?

  The penalty fines for GDPR non-compliance are up to €20 million or up to 4% of the company’s revenue from the previous fiscal year, whichever is higher. This makes it so that small companies can also get fined, no matter how low-profile the breach is.

  In 2022, for instance, a company found to have mishandled user data was fined €2,000, and the webmaster responsible was personally fined €150.

  Is Matomo GDPR compliant ?

  Matomo is fully GDPR compliant and can ensure you achieve compliance, too. Here’s how :

  • Data anonymization and IP anonymization
  • GDPR Manager that helps you identify gaps in your compliance and address them effectively
  • Users can opt-out of all tracking
  • First-party cookies by default
  • Users can view the data collected
  • Capabilities to delete visitor data when requested
  • You own your data and it is not used for any other purposes (like advertising)
  • Visitor logs and profiles can be disabled
  • Data is stored in the EU (Matomo Cloud) or in any country of your choice (Matomo On-Premise)

  Is there a GDPR in the US ?

  There is no GDPR-equivalent law that covers the US as a whole. That said, US-based companies processing data from persons in the EU still need to adhere to GDPR principles.

  While there isn’t a federal data protection law, several states have enacted their own. One notable example is the California Consumer Privacy Act (CCPA), which Matomo is fully compliant with.

  Ready for GDPR-compliant analytics ?

  The GDPR lays out a set of regulations and penalties that govern the collection and processing of personal data from EU citizens and residents. A breach under GDPR attracts a fine of either up to €20 million or 4% of the company’s revenue, and the penalty applies to companies of all sizes.

  Matomo is fully GDPR compliant and provides several features and advanced privacy settings to ensure you ‌are as well, without sacrificing the resources you need for effective analytics. If you’re ready to get started, sign up for a 21-day free trial of Matomo — no credit card required.

  Disclaimer
  We are not lawyers and don’t claim to be. The information provided here is to help give an introduction to GDPR. We encourage every business and website to take data privacy seriously and discuss these issues with your lawyer if you have any concerns.

• How to Track Website Visitors : Benefits, Tools and FAQs

  31 août 2023, par Erin — Analytics Tips, Marketing

  Businesses spend a ton of time, money and effort into creating websites that are not only helpful and captivating, but also highly effective at converting visitors. They’ll create content, revise designs, add new pages and change forms, all in the hope of getting visitors to stay on the site and convert into leads or customers.

  When you track website visitors, you can see which of your efforts are moving the needle. While many people are familiar with pageviews as a metric, website visitor tracking can be much more in-depth and insightful.

  In this article, we’ll cover how website visitor tracking works, what you can track, and how this information can improve sales and marketing results. We’ll also explain global privacy concerns and how businesses can choose the right tracking software. 

  What is website visitor tracking ? 

  Website visitor tracking uses software and applications to track and analyse how visitors interact with your website. It’s a vital tool to help businesses understand whether their website design and content are having the desired effect.

  

  Website visitor tracking includes very broad, non-specific data, like how many times visitors have come to your site. But it can also get very specific, with personal information about the user and even recordings of their visit to your site. Site visits, which may include visiting several different pages of the same site, are often referred to as “sessions.”

  Although Google Analytics is the most widely used website visitor tracking software, it isn’t the most comprehensive or powerful. Companies that want a more in-depth understanding of their website may need to consider running a more precise tool alongside Google Analytics, like Matomo.

  As we’ll cover later, website tracking has many important business applications, but it also poses privacy and security concerns, causing some states and countries to impose strict regulations. Privacy laws and your company’s values should also impact what web analytics tool you choose.

  How website tracking works

  Website tracking starts with the collection of data as users interact with the website. Tracking technologies like cookies, JavaScript and pixels are embedded into web pages. These technologies then gather data about user behaviour, session details and user actions, such as pageviews, clicks, form submissions and more.

  More advanced tracking systems assign unique identifiers (such as cookies or visitor IDs) to individual users. This enables tracking of user journeys across multiple sessions and pages. These detailed journeys can often tell a different story and provide different insights than aggregated numbers do. 

  All this collected data is transmitted from the user’s browser to a centralised tracking system, which can be a third-party web analytics tool or a self-hosted solution. The collected data is stored in databases and processed to generate meaningful insights. This process involves organising the data, aggregating metrics, and creating reports.

  Analytics tools process the collected data to generate reports and visualisations that provide insights into user behaviour. Metrics such as pageviews, bounce rates, conversion rates and user paths are analysed. Good web analytics tools are able to present these insights in a user-friendly way. Analysts and marketing professionals then use this knowledge to make informed decisions to improve the user experience (UX).

  Advanced tracking systems allow data segmentation and filtering based on various criteria, such as user demographics, traffic sources, devices and more. This enables deeper analysis of specific user groups. For example, you might find that your conversion rate is much lower when your website is viewed on a mobile device. You can then dig deeper into that segment of data to find out why and experiment with changes that might increase mobile conversions.

  3 types of website tracking and their benefits

  There are three main categories of website tracking, and they each provide different information that can be used by sales, marketing, engineering and others. Here, we cover those three types and how businesses use them to understand customers and create better experiences.

  Website analytics 

  Website analytics is all about understanding the traffic your website receives. This type of tracking allows you to learn how the website performs based on pageviews, real-time traffic, bounce rate and conversions. 

  For example, you would use website analytics to determine how effectively your homepage drives people toward a product or pricing page. You can use pageviews and previous page statistics to learn how many people who land on your homepage read your blog posts. From there, you could use web analytics to determine the conversion rate of the call to action at the end of each article.

  

  User behaviour

  While website analytics focuses on the website’s performance, user behaviour tracking is about monitoring and quantifying user behaviour. One of the most obvious aspects of user behaviour is what they click on, but there are many other actions you can track. 

  The time a user spends on a page can help you determine whether the content on the page is engaging. Some tracking tools can also measure how far down the page a user scrolls, which reveals whether some content is even being seen. 

  Session recordings are another popular tool for analysing user behaviour. They not only show concrete actions, like clicks, but can also show how the user moves throughout the page. Where do they stop ? What do they scroll right past ? This is one example of how user behaviour data can be quantitative or qualitative.

  Visitor information

  Tracking can also include gathering or uncovering information about visitors to your site. This might include demographic information, such as language and location, or details like what device a website visitor is using and on which browser they view your website. 

  This type of data helps your web and marketing teams make better decisions about how to design and format the site. If you know, for example, that the website for your business-to-business (B2B) software is overwhelmingly viewed on desktop computers, that will affect how you structure your pages and choose images. 

  Similarly, if visitor information tells you that you have a significant audience in France, your marketing team might develop new content to appeal to those potential customers.

  Use website visitor tracking to improve marketing, sales and UX 

  Website visitor tracking has various applications for different parts of your business, from marketing to sales and much more. When you understand the impact tracking has on different teams, you can better evaluate your company’s needs and build buy-in among stakeholders.

  Marketing

  At many companies, the marketing team owns and determines what kind of content is on your website. From landing pages to blog posts to the navigation bar, you want to create an experience that drives people toward making a purchase. When marketers can track website visitors, they can get a real look at how visitors respond to and engage with their marketing efforts. Pageviews, conversion rates and time spent on pages help them better understand what your customers care about and what messaging resonates.

  But web analytics can even help marketing teams better understand how their external marketing campaigns are performing. Tracking tools like Matomo reveal your most important traffic sources. The term “traffic source” refers to the content or web property from which someone arrives at your site. 

  For instance, you might notice that an older page got a big boost in traffic this month. You can then check the traffic sources, where you find that an influential LinkedIn user posted a link to the page. This presents an opportunity to adjust the influencer or social media aspects of your marketing strategy.

  

  Beyond traffic sources, Matomo can provide a visual user journey (also known as User Flow), showing which pages visitors tend to view in a session and even in what order they progress. This gives you a bird’s-eye view of the customer journey.

  Sales

  Just like your marketing team, your sales team can benefit from tracking and analysing website visitor information. Data about user behaviour and visitor demographics helps sales representatives better understand the people they’re talking to. Segmented visitor tracking data can even provide clues as to how to appeal to different buyer personas.

  Sales leadership can use web analytics to gauge interest over time, tie visitors to revenue and develop more accurate sales forecasts and goals. 

  

  And it’s not just aggregated website tracking data that your sales team can use to better serve customers. They can also use insights about an individual visitor to tailor their approach. Matomo’s Visits Log report and Visitor Profiles allow you to see which pages a prospect has viewed. This tells your sales team which products and features the prospect is most interested in, leading to more relevant interactions and more effective sales efforts.

  User experience and web development

  The way users interact with and experience your website has a big impact on their impression of your brand and, ultimately, whether they become customers. While marketing often controls much of a website’s content, the backend and technical operation of the site usually falls to a web development or engineering team. Website analytics and tracking inform their work, too.

  Along with data about website traffic and conversion rates, web development teams often monitor bounce rates (the percentage of people who leave your website entirely after landing on a page) and page load time (the time it takes for an individual web page to load for a user). Besides the fact that slow loading times inconvenience visitors, they can also negatively affect your search engine optimization (SEO).

  

  Along with session recordings, user experience teams and web developers may use heatmaps to find out what parts of a page draw a visitor’s attention and where they are most likely to convert or take some other action. They can then use these insights to make a web page more intuitive and useful.

  Visitor tracking and privacy regulations 

  There are different data privacy standards in other parts of the world, which are designed to ensure that businesses collect and use consumer data ethically. The most-discussed of these privacy standards is the General Data Protection Regulation (GDPR), which was instituted by the European Union (EU) but affects businesses worldwide. However, it’s important to note that individual countries or states can have different privacy laws.

  Many privacy laws govern how websites can use cookies to track visitors. With a user’s consent, cookies can help websites identify and remember visitors. However, many web visitors will reject cookie consent banners. When this happens, analysts and marketers can’t collect information from these visitors and have to work with incomplete tracking data. Incomplete data leads to poor decision-making. What’s more, cookie consent banners can create a poor user experience and often annoy web visitors.

  With Matomo’s industry-leading measures to protect user privacy, France’s data protection agency (CNIL) has confirmed that Matomo is exempt from tracking consent in France. Matomo users have peace of mind knowing they can uphold the GDPR and collect data without needing to collect and track cookie consent. Only in Germany and the UK are cookie consent banners still required.

  Choosing user tracking software

  The benefits and value of tracking website visitors are enormous, but not all tracking software is equal. Different tools have different core functionalities. For instance, some focus on user behaviour over traditional web analytics. Others offer detailed website performance data but offer little in the way of visitor information. It’s a good idea to start by identifying your company’s most important tracking goals.

  Along with core features, look for useful tools to experiment with and optimise your website with. For example, Matomo enables A/B testing while many other tools do not.

  

  Along with users of your website, you also need to think about the employees who will be using the tracking software. The interface can have a big impact on the value you get from a tool. Matomo’s session recording functionality, for example, not only provides you with video but with a colour-coded timeline identifying important user actions.

  

  Privacy standards and compliance should also be a part of the conversation. Different tools use different tracking methods, impacting accuracy and security and can even cause legal trouble. You should consider which data privacy laws you are subject to, as well as the privacy expectations of your users.

  

  Some industries have especially high data security standards. Government and healthcare organisations, for example, may require visitor tracking software that is hosted on their premises. While there are many purely cloud-based software-as-a-service (SaaS) tracking tools, Matomo is available both On-Premise (also known as self-hosted) and in the Cloud.

  Frequently asked questions

  Here are answers to some of people’s most common questions about tracking website visitors.

  Can you track who visited your website ?

  In most cases, tracking your website’s traffic is possible. Still, the extent of the tracking depends on the visitor-tracking technology you use and the privacy settings and precautions the visitor uses. For example, some technologies can pinpoint users by IP address. In other cases, you may only have access to anonymized data.

  Is it legal to track someone’s IP address ?

  It is legal for websites and businesses to track someone’s IP address in the sense that they can identify that someone from the same IP address is visiting a page repeatedly. Under the General Data Protection Regulation (GDPR), IP addresses are considered personally identifiable information (PII). The GDPR mandates that websites only log and store a user’s IP address with the user’s consent.

  How do you find where visitors are clicking the most ?

  Heatmap tools are among the most common tools for learning where visitors click the most on your website. Heatmaps use colour-coding to show what parts of a web page users either click on or hover over the most.

  Unique tracking URLs are another way to determine what part of your website gets the most clicks. For example, if you have three links on a page that all go to the same destination, you can use tracking links to determine how many clicks each link generates.

  Matomo also offers a Tag Manager within the platform that lets you manage and unify all your tracking and marketing tags to find out where visitors are clicking.

  What is the best tool for website visitor tracking ?

  Like most tools, the best website visitor tracking tool depends on your needs. Each tool offers different functionalities, user interfaces and different levels of accuracy and privacy. Matomo is a good choice for companies that value privacy, compliance and accuracy.

  Tracking for powerful insights and better performance

  Tracking website visitors is now a well-ingrained part of business operations. From sales reps seeking to understand their leads to marketers honing their ad spend, tracking helps teams do their jobs better.

  Take the time to consider what you want to learn from website tracking and let those priorities guide your choice of visitor tracking software. Whatever your industry or needs, user privacy and compliance must be a priority.

  Find out how much detail and insight Matomo can give you with our free 21-day trial — no credit card required.

• Protecting consumer privacy : How to ensure CCPA compliance

  18 août 2023, par Erin — CCPA, Privacy

  The California Consumer Privacy Act (CCPA) is a state law that enhances privacy rights and consumer protection for residents of California. 

  It grants consumers six rights, like the right to know what personal information is being collected about them by businesses and others. 

  CCPA also requires businesses to provide notice of data collection practices. Consumers can choose to opt out of the sale of their data. 

  In this article, we’ll learn more about the scope of CCPA, the penalties for non-compliance and how our web analytics tool, Matomo, can help you create a CCPA-compliant framework.

  What is the CCPA ? 

  CCPA was implemented on January 1, 2020. It ensures that businesses securely handle individuals’ personal information and respect their privacy in the digital ecosystem. 

  

  CCPA addresses the growing concerns over privacy and data protection ; 40% of US consumers share that they’re worried about digital privacy. With the increasing amount of personal information being collected and shared by businesses, there was a need to establish regulations to provide individuals with more control and transparency over their data. 

  CCPA aims to protect consumer privacy rights and promote greater accountability from businesses when handling personal information.

  Scope of CCPA 

  The scope of CCPA includes for-profit businesses that collect personal information from California residents, regardless of where you run the business from.

  It defines three thresholds that determine the inclusion criteria for businesses subject to CCPA regulations. 

  Businesses need to abide by CCPA if they meet any of the three options :

  1. Revenue threshold : Have an annual gross revenue of over $25 million.
  2. Consumer threshold : Businesses that purchase, sell or distribute the personal information of 100,000 or more consumers, households or devices.
  3. Data threshold : Businesses that earn at least half of their revenue annually from selling the personal information of California residents.

  What are the six consumer rights under the CCPA ? 

  Here’s a short description of the six consumer rights. 

  

  1. Right to know : Under this right, you can ask a business to disclose specific personal information they collect about you and the categories of sources of the information. You can also know the purpose of collection and to which third-party the business will disclose this info. This allows consumers to understand what information is being held and how it is used. You can request this info for free twice a year.
  2. Right to delete : Consumers can request the deletion of their personal information. Companies must comply with some exceptions.
  3. Right to opt-out : Consumers can deny the sale of their personal information. Companies must provide a link on their homepage for users to exercise this right. After you choose this, companies can’t sell your data unless you authorise them to do so later.
  4. Right to non-discrimination : Consumers cannot be discriminated against for exercising their CCPA rights. For instance, a company cannot charge different prices, provide a different quality of service or deny services.
  5. Right to correct : Consumers can request to correct inaccurate personal information.

  6. Right to limit use : Consumers can specify how they want the businesses to use their sensitive personal information. This includes social security numbers, financial account details, precise geolocation data or genetic data. Consumers can direct businesses to use this sensitive information only for specific purposes, such as providing the requested services.

  Penalties for CCPA non-compliance 

  52% of organisations have yet to adopt CCPA principles as of 2022. Non-compliance can attract penalties.

  

  Section 1798.155 of the CCPA states that any business that doesn’t comply with CCPA’s terms can face penalties based on the consumer’s private right to action. Consumers can directly take the company to the civil court and don’t need prosecutors’ interventions. 

  Businesses get a chance of 30 days to make amends for their actions. 

  If that’s also not possible, the business may receive a civil penalty of up to $2,500 per violation. Violations can be of any kind, even accidental. An intentional violation can attract a fine of $7,500. 

  Consumers can also initiate private lawsuits to claim damages that range from $100 to $750, or actual damages (whichever is higher), for each occurrence of their unredacted and unencrypted data being breached on a business’s server.

  CCPA vs. GDPR 

  Both CCPA and GDPR aim to enhance individuals’ control over their personal information and provide transparency about how their data is collected, used and shared. The comparison between the CCPA and GDPR is crucial in understanding the regulatory framework of data protection laws.

  Here’s how CCPA and GDPR differ :

  Scope

  • CCPA is for businesses that meet specific criteria and collect personal information from California residents. 
  • GDPR (General Data Protection Regulation) applies to businesses that process the personal data of citizens and residents of the European Union.

  Definition of personal information

  • CCPA includes personal information broadly, including identifiers such as IP addresses and households. Examples include name, email id, location and browsing history. However, it excludes HIPAA-protected medical data, clinical trial data and other personal information from government records.
  • GDPR covers any personal data relating to an identified or identifiable individual, excluding households. Examples include the phone number, email address and personal identification number. It excludes anonymous and deceased person’s data.

  

  Consent

  • Under the CCPA, consumers can opt out of the sale of their personal information.
  • GDPR states that organisations should obtain explicit consent from individuals for processing their personal data.

  Rights

  • CCPA grants the right to know what personal information is being collected and the right to request deletion of their personal information.
  • GDPR also gives individuals various rights, such as the right to access and rectify their personal data, the right to erasure (also known as the right to be forgotten) and also the right to data portability. 

  Enforcement

  • For CCPA, businesses may have to pay $7,500 for each violation. 
  • GDPR has stricter penalties for non-compliance, with fines of up to 4% of the global annual revenue of a company or €20 million, whichever is higher.

  A 5-step CCPA compliance framework 

  Here’s a simple framework you can follow to ensure compliance with CCPA. Alongside this, we’ll also share how Matomo can help. 

  Matomo is an open-source web analytics platform trusted by organisations like the United Nations, NASA and more. It provides valuable insights into website traffic, visitor behaviour and marketing effectiveness. More than 1 million websites and apps (approximately 1% of the internet !) use our solution, and it’s available in 50+ languages. Below, we’ll share how you can use Matomo to be CCPA compliant.

  1. Assess data

  First, familiarise yourself with the California Consumer Privacy Act and check your eligibility for CCPA compliance. 

  For example, as mentioned earlier, one threshold is : purchases, receives or sells the personal data of 100,000 or more individuals or households. 

  But how do you know if you have crossed 100K ? With Matomo ! 

  Go to last year’s calendar, select visitors, then go to locations and under the “Region” option, check for California. If you’ve crossed 100K visitors, you know you have to become CCPA compliant.

  

  Identify and assess the personal information you collect with Matomo.

  2. Evaluate privacy practices

  Review the current state of your privacy policies and practices. Conduct a thorough assessment of data sharing and third-party agreements. Then, update policies and procedures to align with CCPA requirements.

  For example, you can anonymise IP addresses with Matomo to ensure that user data collected for web analytics purposes cannot be used to trace back to specific individuals.

  

  If you have a consent management solution to honour user requests for data privacy, you can also integrate Matomo with it. 

  3. Communicate 

  Inform consumers about their CCPA rights and how you handle their data.

  Establish procedures for handling consumer requests and obtaining consent. For example, you can add an opt-out form on your website with Matomo. Or you can also use Matomo to disable cookies from your website.

  

  Documenting your compliance efforts, including consumer requests and how you responded to them, is a good idea. Finally, educate staff on CCPA compliance and their responsibilities to work collaboratively.

  4. Review vendor contracts

  Assessing vendor contracts allows you to determine if they include necessary data processing agreements. You can also identify if vendors are sharing personal information with third parties, which could pose a compliance risk. Verify if vendors have adequate security measures in place to protect the personal data they handle.

  That’s why you can review and update agreements to include provisions for data protection, privacy and CCPA requirements.

  Establish procedures to monitor and review vendor compliance with CCPA regularly. This may include conducting audits, requesting certifications and implementing controls to mitigate risks associated with vendors handling personal data.

  5. Engage legal counsel

  Consider consulting with legal counsel to ensure complete understanding and compliance with CCPA regulations.

  Finally, stay updated on any changes or developments related to CCPA and adjust your compliance efforts accordingly.

  Matomo and CCPA compliance 

  There’s an increasing emphasis on privacy regulations like CCPA. Matomo offers a robust solution that allows businesses to be CCPA-compliant without sacrificing the ability to track and analyse crucial data.

  You can gain in-depth insights into user behaviour and website performance — all while prioritising data protection and privacy. 

  Request a demo or sign up for a free 21-day trial to get started with our powerful CCPA-compliant web analytics platform — no credit card required. 

  Disclaimer

  We are not lawyers and don’t claim to be. The information provided here is to help give an introduction to CCPA. We encourage every business and website to take data privacy seriously and discuss these issues with your lawyer if you have any concerns.