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• CJEU rules US cloud servers don’t comply with GDPR and what this means for web analytics

  17 juillet 2020, par Jake Thornton
  Breaking news : On July 16, 2020, the Court of Justice of the European Union (CJEU) has ruled that any cloud services hosted in the US are incapable of complying with the GDPR and EU privacy laws.

  In August 2016, the EU-US Privacy Shield framework came into effect, which “protects the fundamental rights of anyone in the EU whose personal data is transferred to the United States for commercial purposes. It allows the free transfer of data to companies that are certified in the US under the Privacy Shield.” – European Commission website

  However after today’s CJEU ruling, this Privacy Shield framework became invalidated due to significant differences between EU and US privacy laws.

  European privacy law activist Max Schrems summarises with “The Court clarified for a second time now that there is a clash between EU privacy law and US surveillance law. As the EU will not change its fundamental rights to please the NSA, the only way to overcome this clash is for the US to introduce solid privacy rights for all people – including foreigners. Surveillance reform thereby becomes crucial for the business interests of Silicon Valley.” – noyb website

  Today’s ruling also continues to spark concern into the legitimacy of US privacy laws which doesn’t fully protect people’s personal data when hosted on cloud servers based in the US.

  

  How will this affect you ?

  For any business operating a website in the EU or if you have traffic coming to your website from EU visitors, you need to know what data you’re capturing and where this data is being stored.

  Here’s what Maja Smoltczyk (Berlin’s Commissioner for Data Protection and Freedom of Information) says :

  Controllers who transfer personal data to the USA, especially when using cloud-based services, are now required to switch immediately to service providers based in the European Union or a country that can
  ensure an adequate level of data protection. The CJEU has made it refreshingly clear that data exports are not just financial decisions, as people’s fundamental rights must also be considered as a matter of priority. This ruling will put
  an end to the transfer of personal data to the USA for the sake of convenience or to cut costs.

  The controller is you (not Google) and by transferring data to the US you are at risk of being fined up to €20 million or 4% of your annual worldwide turnover for not being GDPR compliant. 

  It’s you who has to take action, not Google or other US companies. The court’s decision has immediate effect. While we assume there will be a grace period, companies should act now as finding and implementing alternatives solution can take a while. 

  Can no data be exported outside the EU anymore ?

  Data can still be exported outside the EU if an adequate level of data protection is guaranteed. This is the case for some trading partners of the EU such as New Zealand, Japan, Switzerland, and Canada. They have been certified by the EU as having a comparable level of privacy protection and therefore demonstrate adequacy at a country level.

  Necessary data can still flow to countries like the US too. This is for example the case when someone books a hotel in the US or when sending an email to someone in the US. Backups for disaster recovery and most other reasons don’t qualify as necessary.

  In all other cases you can still send data to countries like the US if you get explicit and informed consent from a user. Meaning the user has been informed about all possible risks of sending the data to the US and who can access the data (for example the US government).

  How this affects Google Analytics and Google Tag Manager users

  If your website is using Google Analytics, the safest bet is to deactivate it immediately. Otherwise, you must ask for consent from everyone who visits your website and inform them that the data will be processed in the United States under less strict privacy laws and all associated risks. If you don’t, you could be liable to privacy law infringements and face being fined for not complying with the GDPR. This also applies to Google Tag Manager as it transfers the IP address to the US which is considered personal data under the GDPR.

  Consent needs to be :

  • Freely given (the user must have a choice to not give consent and be able to opt out at any time) 
  • Informed (you need to disclose who is processing the data, what data is processed, where the data will be stored and how to opt out) 
  • Specific (consent is only valid for the specific informed purpose) 
  • Unambiguous (for example pre-ticked boxes or similar aren’t allowed)

  

  If users don’t give you consent, you are not allowed to track them using Google Analytics or any other US based cloud solution.

  Update August 19, 2020

  A month after this ruling, over 100 complaints have been filed against websites for continuing to send data to the US via Google Analytics or Facebook, by the European privacy campaign group noyb. It’s clear Google and Facebook fall under US surveillance laws such as FISA 702 and the court clearly ruled these companies cannot rely on SCCs to transfer data to the US. Anyone still using Google Analytics is now at risk of facing fines and compensation damages. 

  How this affects Matomo users

  Our cloud servers are based in Germany.

  Matomo On-Premise users choose the location of their data themselves. If the servers are located in the EU nothing changes. If the servers are located outside the EU and the website targets EU users and tracks personal data, then you need to assess whether you are required to ask for tracking consent.

  If the data is stored inside the EU you can use Matomo without asking for any consent and you can continue tracking users even if they reject a consent screen which greatly increases the quality of your data.

  Want to avoid informing users about transferring their data to the US and all associated risks ?

  Try Matomo now for free ! No credit card required.

  Download Matomo

• Your guide to cookies, web analytics, and GDPR compliance

  25 février 2020, par Joselyn Khor — Analytics Tips, Privacy, Security
  It’s been almost two years since the GDPR came into effect and turned the online world on its head. Confusion around cookies/cookie consent/cookie compliance remains till today. So we’d like to take this chance to talk more about the supposed “big bad” of the latest century. 

  Online cookies seem to have a bad reputation, but are they as bad as they seem ?

  To start, what are cookies on the internet ?

  An internet cookie a.k.a. an HTTP cookie, is a small piece of data sent from websites that is stored on your computer or mobile when you visit that site.

  Are all cookies bad ?

  No. Cookies themselves are usually harmless as they can’t infect computers with malware. 

  They can also be helpful for both websites who use them and individuals visiting those websites. For example, when online shopping, cookies on ecommerce sites keep track of what you’re shopping for. If you didn’t have that tracking, your cart would be empty every time you moved away from that site.

  For businesses/websites, cookies can be used for authentication (logins) and tracking website user experience. For example, tracking multiple visits to the same site in order to provide better experiences to customers visiting their website.

  

  The not-so-sweet types of cookies :

  Cookies that contain personal data

  Another example of a bad cookie is when cookies contain personal data directly in the cookie itself. For example, when websites store demographics or your name in a cookie ; or when a website stores survey results in a cookie. Use of cookies in these ways is considered bad practice nowadays.

  Third-party cookies
  

  They can be used by websites to learn about your visit and activity across multiple websites. Cookies can enter harmful territory when employed for “big brother” types of tracking i.e. when they’re used to build a virtual fingerprint of individuals after their activity is tracked from website to website. For example most advertising networks create third party cookies in your browser when you view an ad, which lets these advertisers track users across these websites and let companies buy more targeted ads.

  Why does Matomo use cookies ?

  

  For accurate reporting of new and returning visitors. Matomo uses cookies to store some information about visitors between visits. We also use cookies to remember if someone gave consent to tracking, or opted out of tracking. 

  Types of cookies Matomo uses :

  • Matomo by default uses first-party cookies, set on the domain of your site.
  • Cookies created by Matomo start with : _pk_ref, _pk_cvar, _pk_id, _pk_ses. See a list of all Matomo cookies : https://matomo.org/faq/general/faq_146/

  Cookie-less tracking - disable cookies and ensure cookie compliance :

  It’s possible to disable tracking cookies in Matomo by adding a line on the javascript code. When cookies are disabled, Matomo data will become slightly less accurate. Also, when cookies are disabled, there may still be a few cookies created in specific cases.

  If you disable cookies, Matomo tries to detect unique visitors by a fingerprint based on a few browser attributes : operating system, browser, browser plugins, IP address and browser language.

  By disabling tracking cookies, you may also use Matomo without needing to display a cookie consent screen. You can also keep tracking when they reject cookie consent by keeping cookies disabled.

  Cookies and the GDPR

  In some countries and according to the GDPR, websites need to provide a way for users to opt-out of all tracking, in particular tracking cookies.

  The GDPR regulates the use of cookies when they compromise an individual’s privacy. When cookies can identify an individual, it is considered personal data.

  

  Cookie compliance and the GDPR

  To be GDPR compliant you must :

  • Receive user consent before using any cookies (except strictly necessary cookies). Read more on cookies that are “clearly exempt from consent”.
  • Provide accurate and specific information about the data each cookie tracks and its purpose in plain language before consent is received.
  • Document and store consent received from users.
  • Allow users to access your service even if they refuse to allow the use of certain cookies
  • Make it as easy for users to withdraw their consent as it was for them to give their consent in the first place.

  Source : https://gdpr.eu/cookies/

  When does GDPR require cookie consent ?

  The purpose of the GDPR is to give individuals control over their personal data. As such this regulation has provisions and requirements which regulate the processing of personal data to protect the privacy of individuals. 

  This means in order to use cookies, you will sometimes need explicit consent from those individuals.

  When does GDPR not require cookie consent ?

  Then there are many cookies that generally do NOT require consent (Source : https://wikis.ec.europa.eu/display/WEBGUIDE/04.+Cookies). 

  These are :

  • user input cookies, for the duration of a session
  • authentication cookies, for the duration of a session
  • user-centric security cookies, used to detect authentication abuses and linked to the functionality explicitly requested by the user, for a limited persistent duration
  • multimedia content player session cookies, such as flash player cookies, for the duration of a session
  • load balancing session cookies and other technical cookies, for the duration of session
  • user interface customisation cookies, for a browser session or a few hours, when additional information in a prominent location is provided (e.g. “uses cookies” written next to the customisation feature)

  Tracking cookies and consent vs legitimate interest

  

  User consent is not always required :

  We understand that whenever you collect and process personal data, you need – almost always – to ask for their consent. However, there are instances where you have to process data under “legitimate interests”. The GDPR states that processing of personal data is lawful “if processing is necessary for the purposes of the legitimate interests”. This means if you have “legitimate interests” you can avoid asking for consent for collecting and processing personal information. Learn more : https://cookieinformation.com/resources/blog/what-is-legitimate-interest-under-the-gdpr 

  A lawful basis for processing personal data (proceeding with caution) :

  We’ve also written about having a lawful basis for processing personal data under GDPR with Matomo. The caveat here is you need to have a strong argument for legitimate interests. If you are processing personal data which may represent a risk to the final user, then getting consent is, for us, still the right lawful basis. If you are not sure, at the time of writing ICO is providing a tool in order to help you make this decision.

  How is Matomo Analytics GDPR compliant ?

  Matomo can be configured to automatically anonymise data so you don’t process any personal data. This allows you to completely avoid GDPR. If you decide to process personal data, Matomo provides you with 12 steps to easily comply with the GDPR guidelines.

  New developments on cookies and the GDPR

  In the early days of the GDPR, a spate of cookie management platforms (CMPs) popped up to help websites and people comply with GDPR rules around cookies.

  These have become problematic in recent years. Europe’s highest court ruled pre-checked box for cookie boxes does not give enough consent. 

  As well as that, new research suggests most cookie consent pop-ups in the EU fall short of GDPR. A new study called, ‘Dark Patterns after the GDPR’ from MIT, UCL and Aarhus University found that a vast majority of websites aren’t following GDPR rules around cookies. The study found most cookie consent pop-ups in the EU to be undermining the GDPR by finding sneaky ways to convince website visitors to click ‘accept’.

  Disclaimer

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

  Additional resources :

  • How do the cookie rules relate to the GDPR ? 
  • Cookies, the GDPR, and the ePrivacy Directive

• What is a Cohort Report ? A Beginner’s Guide to Cohort Analysis

  3 janvier 2024, par Erin

  Handling your user data as a single mass of numbers is rarely conducive to figuring out meaningful patterns you can use to improve your marketing campaigns.

  A cohort report (or cohort analysis) can help you quickly break down that larger audience into sequential segments and contrast and compare based on various metrics. As such, it is a great tool for unlocking more granular trends and insights — for example, identifying patterns in engagement and conversions based on the date users first interacted with your site.

  In this guide, we explain the basics of the cohort report and the best way to set one up to get the most out of it.

  What is a cohort report ?

  In a cohort report, you divide a data set into groups based on certain criteria — typically a time-based cohort metric like first purchase date — and then analyse the data across those segments, looking for patterns.

  Date-based cohort analysis is the most common approach, often creating cohorts based on the day a user completed a particular action — signed up, purchased something or visited your website. Depending on the metric you choose to measure (like return visits), the cohort report might look something like this :

  

  Note that this is not a universal benchmark or anything of the sort. The above is a theoretical cohort analysis based on app users who downloaded the app, tracking and comparing the retention rates as the days go by. 

  The benchmarks will be drastically different depending on the metric you’re measuring and the basis for your cohorts. For example, if you’re measuring returning visitor rates among first-time visitors to your website, expect single-digit percentages even on the second day.

  Your industry will also greatly affect what you consider positive in a cohort report. For example, if you’re a subscription SaaS, you’d expect high continued usage rates over the first week. If you sell office supplies to companies, much less so.

  What is an example of a cohort ?

  As we just mentioned, a typical cohort analysis separates users or customers by the date they first interacted with your business — in this case, they downloaded your app. Within that larger analysis, the users who downloaded it on May 3 represent a single cohort.

  

  In this case, we’ve chosen behaviour and time — the app download day — to separate the user base into cohorts. That means every specific day denotes a specific cohort within the analysis.

  Diving deeper into an individual cohort may be a good idea for important holidays or promotional events like Black Friday.

  Of course, cohorts don’t have to be based on specific behaviour within certain periods. You can also create cohorts based on other dimensions :

  • Transactional data — revenue per user
  • Churn data — date of churn
  • Behavioural cohort — based on actions taken on your website, app or e-commerce store, like the number of sessions per user or specific product pages visited
  • Acquisition cohort — which channel referred the user or customer

  For more information on different cohort types, read our in-depth guide on cohort analysis.

  How to create a cohort report (and make sense of it)

  Matomo makes it easy to view and analyse different cohorts (without the privacy and legal implications of using Google Analytics).

  Here are a few different ways to set up a cohort report in Matomo, starting with our built-in cohorts report.

  Cohort reports

  With Matomo, cohort reports are automatically compiled based on the first visit date. The default metric is the percentage of returning visitors.

  

  Changing the settings allows you to create multiple variations of cohort analysis reports.

  Break down cohorts by different metrics

  The percentage of returning visits can be valuable if you’re trying to improve early engagement in a SaaS app onboarding process. But it’s far from your only option.

  You can also compare performance by conversion, revenue, bounce rate, actions per visit, average session duration or other metrics.

  

  Change the time and scope of your cohort analysis

  Splitting up cohorts by single days may be useless if you don’t have a high volume of users or visitors. If the average cohort size is only a few users, you won’t be able to identify reliable patterns. 

  Matomo lets you set any time period to create your cohort analysis report. Instead of the most recent days, you can create cohorts by week, month, year or custom date ranges. 

  

  Cohort sizes will depend on your customer base. Make sure each cohort is large enough to encapsulate all the customers in that cohort and not so small that you have insignificant cohorts of only a few customers. Choose a date range that gives you that without scaling it too far so you can’t identify any seasonal trends.

  Cohort analysis can be a great tool if you’ve recently changed your marketing, product offering or onboarding. Set the data range to weekly and look for any impact in conversions and revenue after the changes.

  Using the “compare to” feature, you can also do month-over-month, quarter-over-quarter or any custom date range comparisons. This approach can help you get a rough overview of your campaign’s long-term progress without doing any in-depth analysis.

  You can also use the same approach to compare different holiday seasons against each other.

  If you want to combine time cohorts with segmentation, you can run cohort reports for different subsets of visitors instead of all visitors. This can lead to actionable insights like adjusting weekend or specific seasonal promotions to improve conversion rates.

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  Easily create custom cohort reports beyond the time dimension

  If you want to split your audience into cohorts by focusing on something other than time, you will need to create a custom report and choose another dimension. In Matomo, you can choose from a wide range of cohort metrics, including referrers, e-commerce signals like viewed product or product category, form submissions and more.

  

  Then, you can create a simple table-based report with all the insights you need by choosing the metrics you want to see. For example, you could choose average visit duration, bounce rate and other usage metrics.

  

  If you want more revenue-focused insights, add metrics like conversions, add-to-cart and other e-commerce events.

  Custom reports make it easy to create cohort reports for almost any dimension. You can use any metric within demographic and behavioural analytics to create a cohort. (You can explore the complete list of our possible segmentation metrics.)

  We cover different types of custom reports (and ideas for specific marketing campaigns) in our guide on custom segmentation.

  Create your first cohort report and gain better insights into your visitors

  Cohort reports can help you identify trends and the impact of short-term marketing efforts like events and promotions.

  With Matomo cohort reports you have the power to create complex custom reports for various cohorts and segments. 

  If you’re looking for a powerful, easy-to-use web analytics solution that gives you 100% accurate data without compromising your users’ privacy, Matomo is a great fit. Get started with a 21-day free trial today. No credit card required. 

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