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    13 avril 2011, par

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  • Top 5 Web Analytics Tools for Your Site

    11 août 2023, par Erin — Analytics Tips

    At the start of July 2023, Universal Analytics (UA) users had to say goodbye to their preferred web analytics tool as Google discontinued it. While some find Google Analytics 4 (GA4) can do what they need, many GA4 users are starting to realise GA4 doesn’t meet all the needs UA once fulfilled. Consequently, they are actively seeking another web analytics tool to complement GA4 and address those unmet requirements effectively.

    In this article, we’ll break down five of the top web analytics tools on the market. You’ll find details about their core capabilities, pricing structures and some noteworthy pros and cons to help you decide which tool is the right fit for you. We’ve also included some key features a good web analytics tool should have to give you a baseline for comparison.

    Whether you’re a marketing manager focused on ROI of campaigns, a web analyst focused on conversions or simply interested in learning more about web analytics, there’s something for you on this list.

    What is a web analytics tool ?

    Web analytics tools collect and analyse information about your website’s visitors, their behaviour and the technical performance of your site. A web analytics tool compiles, measures and analyses website data to give you the information you need to improve site performance, boost conversions and increase your ROI.

    What makes a web analytics tool good ?

    Before we get into tool specifics, let’s go over some of the core features you can expect from a web analytics tool.

    For a web analytics tool to be worth your time (and money), it needs to cover the basics. For example :

    • Visitor reports : The number of visitors, whether they were unique or repeat visitors, the source of traffic (where they found your website), device information (if they’re using a desktop or mobile device) and demographic information like geographic location
    • Behaviour reports : What your visitors did while on your site, conversion rates (e.g., if they signed up for or purchased something), the pages they entered and exited from, average session duration, total time spent on a page and bounce rates (if they left without interacting with anything)
    • Technical information : Page loading speed and event tracking — where users are clicking, what they’re downloading or sharing from your site, if they’re engaging with the media on it and how far down the page they’re scrolling
    • Marketing campaign information : Breakdowns of ad campaigns by provider, showing if ads resulted in traffic to your site and lead to an eventual sale or conversion
    • Search Engine Optimisation (SEO) information : Which keywords on which pages are driving traffic to your site, and what search engines are they coming from
    • Real-time data tracking : Visitor, behaviour and technical information available in real-time, or close to it — allowing you to address to issues as they occur
    • Data visualisation : Charts and graphs illustrating the above information in an easily-readable format — helping identify opportunities and providing valuable insights you can leverage to improve site performance, conversion rates and the amount of time visitors spend on a page
    • Custom reporting : Create custom reports detailing the desired metrics and time frame you’re interested in
    • Security : User access controls and management tools to limit who can see and interact with user data
    • Resources : Official user guides, technical documentation, troubleshooting materials, customer support and community forums
    Google Analytics 4 dashboard

    Pros and Cons of Google Analytics 4

    Despite many users’ dissatisfaction, GA4 isn’t going away anytime soon. It’s still a powerful tool with all the standard features you’d expect. It’s the most popular choice for web analytics for a few other reasons, too, including :

    • It’s free to use
    • It’s easy to set up
    • It has a convenient mobile app
    • It has a wealth of user documentation and technical resources online
    • Its machine-learning capabilities help predict user behaviour and offer insights on how to grow your site
    • It integrates easily with other Google tools, like Google Search Console, Google Ads and Google Cloud

    That said, it comes with some serious drawbacks. Many users accustomed to UA have reported being unhappy with the differences between it and GA4. Their reasons range from changes to the user interface and bounce rate calculations, as well as Google’s switch from pageview-focused metrics to event-based ones. 

    Let’s take a look at some of the other cons :

    Now that you know GA4’s strengths and weaknesses, it’s time to explore other tools that can help fill in GA4’s gaps.

    Top 5 web analytics tools (that aren’t Google)

    Below is a list of popular web analytics tools that, unless otherwise stated, have all the features a good tool should have.

    Adobe Analytics

    Screenshot of the landing page for Adobe's web analytics tool

    Adobe is a trusted name in software, with tools that have shaped the technological landscape for decades, like Photoshop and Illustrator. With web design and UX tools Dreamweaver and XD, it makes sense that they’d offer a web analytics platform as well.

    Adobe Analytics provides not just web analytics but marketing analytics that tell you about customer acquisition and retention, ROI and ad campaign performance metrics. Its machine learning (ML) and AI-powered analytics predict future customer behaviour based on previously collected data.

    Key features : 

    • Multichannel data collection that covers computers, mobile devices and IoT devices
    • Adobe Sensei (AI/ML) for marketing attribution and anomaly detection
    • Tag management through Adobe Experience Platform Launch simplifies the tag creation and maintenance process to help you track how users interact with your site

    Pros :

    • User-friendly and simple to learn with a drag-and-drop interface
    • When integrated with other Adobe software, it becomes a powerful solution for enterprises
    • Saves your team a lot of time with the recommendations and insights automatically generated by Adobe’s AI/ML

    Cons :

    • No free version
    • Adobe Sensei and tag manager limited to premium version
    • Expensive, especially when combined with the company’s other software
    • Steep learning curve for both setup and use

    Mobile app : Yes

    Integrations : Integrates with Adobe Experience Manager Sites, the company’s CMS. Adobe Target, a CRO tool and part of the Adobe Marketing Cloud subscription, integrates with Analytics.

    Pricing : Available upon request

    Matomo

    Screenshot of Matomo Web Analytics Dashboard

    Matomo is the leading open-source web analytics solution designed to help you make more informed decisions and enhance your customer experience while ensuring GDPR compliance and user privacy. With Matomo Cloud, your data is stored in Europe, while Matomo On-Premise allows you to host your data on your own servers.

    Matomo is used on over 1 million websites, in over 190 countries, and in over 50 languages. Additionally, Matomo is an all-in-one solution, with traditional web analytics (visits, acquisition, etc.) alongside behavioural analytics (heatmaps, session recordings and more), plus a tag manager. No more inefficiently jumping back and forth between tabs in a huge tech stack. It’s all in Matomo, for one consistent, seamless and efficient experience. 

    Key features : 

    • Heatmaps and session recording to display what users are clicking on and how individual users interacted with your site 
    • A/B testing to compare different versions of the same content and see which gets better results
    • Robust API that lets you get insights by connecting your data to other platforms, like data visualisation or business intelligence tools

    Pros : 

    • Open-source, reviewed by experts to ensure that it’s secure
    • Offers On-Premise or Cloud-hosted options
    • Fully compliant with GDPR, so you can be data-driven without worrying. 
    • Option to run without cookies, meaning in most countries you can use Matomo without annoying cookie consent banners and while getting more accurate data
    • You retain complete ownership of your data, with no third parties using it for advertising or unspecified “own purposes”

    Cons : 

    • On-Premise is free, but that means an additional cost for advanced features (A/B testing, heatmaps, etc.) that are included by default on Matomo Cloud
    • Matomo On-Premise requires servers and technical expertise to setup and manage

    Mobile app : Matomo offers a free mobile app (iOS and Android) so you can access your analytics on the go. 

    Integrations : Matomo integrates easily with many other tools and platforms, including WordPress, Looker Studio, Magento, Jira, Drupal, Joomla and Cloudflare.

    Pricing : 

    • Varies based on monthly hits
    • Matomo On-Premise : free
    • Matomo Cloud : starting at €19/month

    Mixpanel

    Screenshot of Mixpanel's product page

    Mixpanel’s features are heavily geared toward e-commerce companies. From the moment a visitor lands on your website to the moment they enter their payment details and complete a transaction, Mixpanel tracks these events.

    Similar to GA4, Mixpanel is an event-focused analytics platform. While you can still track pageviews with Mixpanel, its main focus is on the specific actions users take that lead them to purchases. Putting your attention on this information allows you to find out which events on your site are going through the sales funnel.

    They’re currently developing a Warehouse Events feature to simplify the process of importing data lakes and data warehouses.

    Key features :

    • Custom alerts and anomaly detection
    • Boards, which allow you to share multiple reports and insights with your team in a range of visual styles 
    • Detailed segmentation reporting that lets you break down your data to the individual user, specific event or geographic level

    Pros :

    • Boards allow for emojis, gifs, images and videos to make collaboration fun
    • Powerful mobile analytics for iOS and Android apps
    • Free promotional credits for eligible startups 

    Cons :

    • Limited features in free plan
    • Best features limited to the Enterprise-tier subscription
    • Complicated set up
    • Steep learning curve

    Mobile app : No

    Integrations : Mixpanel has a load of integrations, including Figma, Google Cloud, Slack, HappyFox, Snowflake, Microsoft Azure, Optimizely, Mailchimp and Tenjin. They also have a WordPress plugin.

    Pricing : 

    • Starter : free plan available
    • Growth : $20/month
    • Enterprise $833/month

    HubSpot Marketing

    Screenshot of Hubspot Marketing's main page

    HubSpot is a customer relationship management (CRM) platform with marketing, sales, customer service, content management system (CMS) and operations tools. This greater ecosystem of HubSpot software allows you to practically run your entire business in one place.

    Even though HubSpot Marketing isn’t a dedicated web analytics tool, it provides comparable standard metrics as the other tools on this list, albeit without the more advanced analytical metrics they offer. If you’re already using HubSpot to host your website, it’s definitely worth consideration.

    Key features :

    • Customer Journey Analytics presents the steps your customers went through in the sales process, step-by-step, in a visual way
    • Dashboards for your reports, including both fully customisable options for power users and pre-made templates for new users

    Pros :

    • Integration with other HubSpot tools, like HubSpot CRM’s free live chat widget 
    • User-friendly interface with many features being drag-and-drop, like the report dashboard
    • 24/7 customer support

    Cons :

    • Can get expensive with upgrades and other HubSpot tool add ons
    • Not a dedicated web analytics tool, so it’s missing some of the features other tools have, like heatmaps
    • Not really worth it as a standalone tool
    • Some users report customer support is unhelpful

    Mobile app : Yes

    Integrations : The larger HubSpot CRM platform can connect with nearly 1,500 other apps through the HubSpot App Marketplace. These include Slack, Microsoft Teams, Salesforce, Make, WordPress, SurveyMonkey, Shopify, monday.com, Stripe, WooCommerce and hundreds of others.

    Pricing : 

    • Starter : $20/month ($18/month with annual plan) 
    • Professional : $890/month ($800/month with annual plan) 
    • Enterprise : $3,600/month ($43,200 billed annually)

    Kissmetrics

    Screenshot of the landing page of web analytics tool Kissmetrics

    Kissmetrics is a web analytics tool that is marketed toward SaaS and ecommerce companies. They label themselves as “person-based” because they combine event-based tracking with detailed user profiles of the visitors to your site, which allows you to gain insights into customer behaviour. 

    With user profiles, you can drill down to see how many times someone has visited your site, if they’ve purchased from you and the steps they took before completing a sale. This allows you to cater more to these users and drive growth.

    Key features : 

    • Person Profiles that give granular information about individual users and their activities on your site
    • Campaigns, an engagement messenger application, allows you to set up email automations that are triggered by specific events
    • Detailed reporting tools 

    Pros : 

    • No third-party cookies
    • No data sampling
    • APIs for Ruby on Rails, JavaScript, Python and PHP

    Cons : 

    • Difficult installation
    • Strongest reporting features only available in the most expensive plan
    • Reports can be slow to generate
    • Requires custom JavaScript code to tack single-page applications
    • Doesn’t track demographic data, bounce rate, exits, session length or time on page

    Mobile app : No

    Integrations : Kissmetrics integrates with HubSpot, Appcues, Slack, Mailchimp, Shopify, WooCommerce, Recurly and a dozen others. There is also a Kissmetrics WordPress plugin.

    Pricing : 

    • Silver : $299/month (small businesses)
    • Gold : $499/month (medium) 
    • Platinum : custom pricing (enterprises)

    Conclusion

    In this article, you learned about popular tools for web analytics to better inform you of your options. Despite all of GA4’s shortcomings, by complementing it with another web analytics tool, teams can gain a more comprehensive understanding of their website traffic and enhance their overall analytics capabilities.

    If you want an option that delivers powerful insights while keeping privacy, security and compliance at the forefront, you should try Matomo. 

    Try Matomo alongside Google Analytics now to see how it compares.

    Start your 21-day free trial now – no credit card required.

  • The 7 GDPR Principles : A Guide to Compliance

    11 août 2023, par Erin — Analytics Tips, GDPR

    We all knew it was coming. It’s all anyone could talk about — the General Data Protection Regulation (GDPR) took effect on 25 May 2018. 

    You might think five years would have been plenty of time for organisations to achieve compliance, yet many have failed to do so. As of 2022, 81% of French businesses and 95% of American companies were still not compliant.

    If you’re one of these organisations still working on compliance, this blog will provide valuable information about the seven GDPR principles and guide you on your way to compliance. It will also explore how web analytics tools can help organisations improve transparency, ensure data security and achieve GDPR compliance.

    What is GDPR ?

    The European Union (EU) created the General Data Protection Regulation (GDPR) to grant individuals greater control over their data and promote transparency in data processing. 

    Known by many other names across Europe (e.g., RGPD, DSGVO, etc.), the GDPR created a set of rules surrounding the handling of personal data of EU citizens and residents, to make sure organisations aren’t being irresponsible with user names, locations, IP addresses, information gleaned from cookies, and so on. 

    Organisations must assume several responsibilities to achieve GDPR compliance, regardless of their physical location. These obligations include :

    • Respecting user rights
    • Implementing documentation and document retention policies
    • Ensuring data security 

    Why is GDPR compliance important ?

    Data has become a valuable asset for businesses worldwide. The collection and use of data is a feature of almost every sector. However, with increased data usage comes a greater responsibility to protect individuals’ privacy and rights. 

    A YouGov study conducted in 17 key markets found that two in three adults worldwide believe tech corporations across all markets have too much control over their data.

    GDPR is the most extensive government framework aiming to tackle the increasing concern over data collection and handling. GDPR safeguards personal data from misuse, unauthorised access and data breaches. It ensures that businesses handle information responsibly and with respect for individual privacy. It also provided a foundation for similar laws to be created in other countries, including China, which is among the least concerned regions (56%), along with Sweden (54%) and Indonesia (56%).

    GDPR has been pivotal in safeguarding personal data and empowering individuals with more control over their information. Compliance with GDPR builds trust between businesses and their customers. Currently, 71% of the countries in the world are covered by data protection and privacy legislation.

    What are the risks of non-compliance ?

    We’ve established the siginficance of GDPR, but what about the implications — what does it mean for your business ? The consequences of non-compliance can be severe and are not worth being lax about. 

    According to Article 83 of the GDPR, you can be penalised up to 4% of your annual global revenue or €20 million, whichever is higher, for violations. For smaller businesses, such substantial fines could be devastating. Non-compliance could even result in legal action from individuals or data protection authorities, leading to further financial losses.

    Potential outcomes are not just legal and financial. GDPR violations can significantly damage your reputation as a company. Non-compliance could also cost you business opportunities if your policies and processes do not comply and, therefore, do not align with potential partners. Customers trust businesses that take data protection seriously over those that do not.

    Finally, and perhaps the most timid outcome on the surface, individuals have the right to complain to data protection authorities if they believe you violate their data rights. These complaints can trigger an investigation, and if your business is found to be breaking the rules, you could face all of the consequences mentioned above. 

    You may think it couldn’t happen to you, but GDPR fines have collectively reached over €4 billion and are growing at a notable rate. Fines grew 92% from H1 2021 compared with H1 2022. A record-breaking €1.2 billion fine to Meta in 2023 is the biggest we’ve seen, so far. But smaller businesses can be fined, too. A bank in Hungary was fined €1,560 for not erasing and correcting data when the subject requested it. (Individuals can also be fined in flagrant cases, like a police officer fined €1,400 for using police info for private purposes.)

    The 7 GDPR principles and how to comply

    You should now have a good understanding of GDPR, why it’s important and the consequences of not being compliant. 

    Your first step to compliance is to identify the personal data your organisation processes and determine the legal basis for processing each type. You then need to review your data processing activities to ensure they align with the GDPR’s purpose and principles.

    There are seven key principles in Article 5 of the GDPR that govern the lawful processing of personal data :

    Lawfulness, fairness and transparency

    This principle ensures you collect and use data in a legal and transparent way. It must be collected with consent, and you must tell your customers why you need their data. Data processing must be conducted fairly and transparently. 

    How to comply

    • Review your data practices and identify if and why you collect personal data from customers.
    • Update your website and forms to include a clear and easy-to-understand explanation of why you need their data and what you’ll use it for.
    • Obtain explicit consent from individuals when processing their sensitive data.
    • Add a cookie consent banner to your website, informing users about the cookies you use and why.
    • Privacy notices must be accessible at all times. 
    • To ensure your cookies are GDPR compliant, you must :
      • Get consent before using any cookies (except strictly necessary cookies). 
      • Clearly explain what each cookie tracks and its purpose.
      • Document and store user consent.
      • Don’t refuse access to services if users do not consent to the use of certain cookies.
      • Make the consent withdrawal process simple. 

    Use tools like Matomo that can be configured to automatically anonymise data so you don’t process any personal data.

    Purpose limitation

    You can only use data for the specific, legitimate purposes you told your visitors, prospects or customers about at the time of collection. You can’t use it for anything else without asking again. 

    How to comply

    • Define the specific purposes for collecting personal data (e.g., processing orders, sending newsletters).
    • Ensure you don’t use the data for any other purposes without getting explicit consent from the individuals.

    Data minimisation

    Data minimisation means you should only collect the data you need, aligned with the stated purpose. You shouldn’t gather or store more data than necessary. Implementing data minimisation practices ensures compliance and protects against data breaches.

    How to comply

    • Identify the minimum data required for each purpose.
    • Conduct a data audit to identify and eliminate unnecessary data collection points.
    • Don’t ask for unnecessary information or store data that’s not essential for your business operations.
    • Implement data retention policies to delete data when it is no longer required.

    Accuracy

    You are responsible for keeping data accurate and up-to-date at all times. You should have processes to promptly erase or correct any data if you have incorrect information for your customers.

    How to comply

    • Implement a process to regularly review and update customer data.
    • Provide an easy way for customers to request corrections to their data if they find any errors.

    Storage limitation

    Data should not be kept longer than necessary. You should only hold onto it for as long as you have a valid reason, which should be the purpose stated and consented to. Securely dispose of data when it is no longer needed. There is no upper time limit on data storage. 

    How to comply

    • Set clear retention periods for the different types of data you collect.
    • Develop data retention policies and adhere to them consistently.
    • Delete data when it’s no longer needed for the purposes you specified.

    Integrity and confidentiality

    You must take measures to protect data from unauthorised or unlawful access, like keeping it locked away and secure.

    How to comply

    • Securely store personal data with encryption and access controls, and keep it either within the EU or somewhere with similar privacy protections. 
    • Train your staff on data protection and restrict access to data only to those who need it for their work.
    • Conduct regular security assessments and address vulnerabilities promptly.

    Accountability

    Accountability means that you are responsible for complying with the other principles. You must demonstrate that you are following the rules and taking data protection seriously.

    How to comply

    • Appoint a Data Protection Officer (DPO) or someone responsible for data privacy in your company.
    • Maintain detailed records of data processing activities and any data breaches.
    • Data breaches must be reported within 72 hours.

    Compliance with GDPR is an ongoing process, and it’s vital to review and update your practices regularly. 

    What are GDPR rights ?

    Individuals are granted various rights under the GDPR. These rights give them more control over their personal data.

    A diagram with the GDPR consumer rights

    The right to be informed : People can ask why their data is required.

    What to do : Explain why personal data is required and how it will be used.

    The right to access : People can request and access the personal data you hold about them.
    What to do : Provide a copy of the data upon request, free of charge and within one month.

    The right to rectification : If data errors or inaccuracies are found, your customers can ask you to correct them.
    What to do : Promptly update any incorrect information to ensure it is accurate and up-to-date.

    The right to object to processing : Your customers have the right to object to processing their data for certain purposes, like direct marketing.
    What to do : Respect this objection unless you have legitimate reasons for processing the data.

    Rights in relation to automated decision-making and profiling : GDPR gives individuals the right not to be subject to decisions based solely on automated processing, including profiling, if it significantly impacts them.
    What to do : Offer individuals the right to human intervention and express their point of view in such cases.

    The right to be forgotten : Individuals can request the deletion of their data under certain circumstances, such as when the data is no longer necessary or when they withdraw consent.
    What to do : Comply with such requests unless you have a legal obligation to keep the data.

    The right to data portability : People can request their personal data in a commonly used and machine-readable format.
    What to do : Provide the data to the individual if they want to transfer it to another service provider.

    The right to restrict processing : Customers can ask you to temporarily stop processing their data, for example, while they verify its accuracy or when they object to its usage.
    What to do : Store the data during this period but do not process it further.

    Are all website analytics tools GDPR compliant ?

    Unfortunately, not all web analytics tools are built the same. No matter where you are located in the world, if you are processing the personal data of European citizens or residents, you need to fulfil GDPR obligations.

    While your web analytics tool helps you gain valuable insights from your user base and web traffic, they don’t all comply with GDPR. No matter how hard you work to adhere to the seven principles and GDPR rights, using a non-compliant tool means that you’ll never be fully GDPR compliant.

    When using website analytics tools and handling data, you should consider the following :

    Collection of data

    Aligned with the lawfulness, fairness and transparency principle, you must collect consent from visitors for tracking if you are using website analytics tools to collect visitor behavioural data — unless you anonymise data entirely with Matomo.

    A settings interface in the Matomo web analytics tool

    To provide transparency, you should also clarify the types of data you collect, such as IP addresses, device information and browsing behaviour. Note that data collection aims to improve your website’s performance and understand your audience better.

    Storage of data

    Assure your visitors that you securely store their data and only keep it for as long as necessary, following GDPR’s storage limitation principle. Clearly state the retention periods for different data types and specify when you’ll delete or anonymise it.

    Usage of data

    Make it clear that to comply with the purpose limitation principle, the data you collect will not be used for other purposes beyond website analytics. You should also promise not to share data with third parties for marketing or unrelated activities without their explicit consent. 

    Anonymisation and pseudonymisation

    Features like IP anonymisation to protect users’ privacy are available with GA4 (Google Analytics) and Matomo. Describe how you use these tools and mention that you may use pseudonyms or unique identifiers instead of real names to safeguard personal data further.

    Cookies and consent

    Inform visitors that your website uses cookies and other tracking technologies for analytics purposes. Matomo offers customisable cookie banners and opt-out options that allow users to choose their preferences regarding cookies and tracking, along with cookieless options that don’t require consent banners. 

    Right to access and correct data

    Inform visitors of their rights and provide instructions on requesting information. Describe how to correct inaccuracies in their data and update their preferences.

    Security measures

    Assure visitors that you take data security seriously and have implemented measures to protect their data from unauthorised access or breaches. You can also use this opportunity to highlight any encryption or access controls you use to safeguard data.

    Contact information

    Provide contact details for your company’s Data Protection Officer (DPO) and encourage users to reach out if they have any questions or concerns about their data and privacy.

    When selecting web analytics tools, consider how well they align with GDPR principles. Look for features like anonymisation, consent management options, data retention controls, security measures and data storage within the EU or a similarly privacy-protecting jurisdiction. 

    Matomo offers an advanced GDPR Manager. This is to make sure websites are fully GDPR compliant by giving users the ability to access, withdraw consent, object or erase their data, in addition to the anonymizing features. 

    And finally, when you use Matomo, you have 100% data ownership — stored with us in the EU if you’re using Matomo Cloud or on your own servers with Matomo On-Premise — so you can be data-driven and still be compliant with worldwide privacy laws. We are also trusted across industries as we provide accurate data (no trying to fill in the gaps with AI), a robust API that lets you connect your data to your other tools and cookieless tracking options so you don’t need a cookie consent banner. What’s more, our open-source nature allows you to explore the inner workings, offering the assurance of security firsthand. 

    Ready to become GDPR compliant ?

    Whether you’re an established business or just starting out, if you work with data from EU citizens or residents, then achieving GDPR compliance is essential. It doesn’t need to cost you a fortune or five years to get to compliant status. With the right tools and processes, you can be on top of the privacy requirements in no time at all, avoiding any of those hefty penalties or the resulting damage to your reputation. 

    You don’t need to sacrifice powerful data insights to be GDPR compliant. While Google Analytics uses data for its ‘own purposes’, Matomo is an ethical alternative. Using our all-in-one web analytics platform means you own 100% of your data 100% of the time. 

    Start 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.

  • LGPD : Demystifying Brazil’s New Data Protection Law

    31 août 2023, par Erin — Privacy

    The General Personal Data Protection Law (LGPD or Lei Geral de Proteção de Dados Pessoais) is a relatively new legislation passed by the Brazilian government in 2018. The law officially took effect on September 18, 2020, but was not enforced until August 1, 2021, due to complications from the COVID-19 pandemic.

    For organisations that do business in Brazil and collect personal data, the LGPD has far-reaching implications, with 65 separate articles that outline how organisations must collect, process, disclose and erase personal data.

    In this article, you’ll learn what the LGPD is, including its contents and how a legal entity can be compliant.

    What is the LGPD ?

    The LGPD is a new data protection and privacy law passed by the Federal Brazilian Government on May 29, 2018. The purpose of the law is to unify the 40 previous Brazilian laws that regulated the processing of personal data.

    The LGPD explained

    Many of the older laws have been either updated or removed to accommodate this change. The LGPD comprises 65 separate articles, and each covers a different area of the legislation, such as the rights of data subjects and the legal bases on which personal data may be collected. It also sets out the responsibilities of the National Data Protection Authority (ANPD), a newly created agency responsible for the guidance, supervision and enforcement of the LGPD.

    LGPD compliance is essential for organisations wishing to operate in Brazil and collect personal data for commercial purposes, whether online or offline. However, understanding the different rules and regulations and even figuring out if the LGPD applies to you can be challenging.

    Fortunately, the LGPD is relatively easy to understand and shares many similarities with the General Data Protection Regulation (GDPR), the data protection law implemented on May 25, 2018, by the European Union. This may help you better understand why the LGPD was enacted, the policies it contains and the goals it hopes to achieve. Both laws are very similar, but some items are unique to Brazil, such as what qualifies as a legal basis for collecting personal data.

    For these reasons, organisations should not apply a one-size-fits-all approach to GDPR and LGPD compliance, for they are different laws with different guiding principles and requirements.

    Who does the LGPD apply to, and who is exempt ?

    The LGPD applies to any natural person, public entity and private entity that collects, processes and stores personal data for commercial purposes within the national territory of Brazil. The same also applies to those who process the personal data of Brazilian and non-Brazilian citizens within the national territory of Brazil, even if the data processor is outside of Brazil. It also applies to those who process personal data collected from the national territory of Brazil.

    So, what does this all mean ? 

    Regardless of your location, if you conduct any personal data processing activities in Brazil or you process data that was collected from Brazil, then there is a high possibility that the LGPD applies to you. This is especially true if the data processing is for commercial purposes ; or, to be more precise, for the offering or provision of goods or services. It also means that subjects whose personal data is collected under these conditions are protected by the nine data subject rights.

    There are exceptions where the LGPD does not apply to data processors. These include if you process personal data for private or non-commercial reasons ; for artistic, journalistic and select academic purposes ; and for the purpose of state security, public safety, national defence and activities related to the investigation and prosecution of criminal offenders. Also, if the processed data originates from a country with similar data protection laws to Brazil, such as any country in the European Union (where the GDPR applies), then the LGPD will not apply to that individual or organisation.

    For these reasons, it is vital that you are familiar with the LGPD so that your data processing activities comply with the new standards. This is also important for the future, as an estimated 75% of the global population’s personal data will be protected by a privacy regulation. Getting things right now will make life easier moving forward.

    What are the nine LGPD data subject rights ?

    The LGPD has nine data subject rights. These protect the rights and freedoms of subjects, regardless of their political opinion and religious belief.

    What are the LGPD consumer rights?

    These rights, listed under Article 19 of the LGPD, confirm that a data subject has the right to :

    1. Confirm the processing of their data.
    2. Access their data.
    3. Correct data that is incomplete, not accurate and out of date.
    4. Anonymize, block and delete data that is excessive, unnecessary and was not processed in compliance with the law.
    5. Move their data to a different service provider or product provider by special request.
    6. Delete or stop using personal data under certain circumstances.
    7. Gain information about who the data processor has shared the processed data with, including private and public entities.
    8. Be informed as to what the consequences may be for denying consent to the collection of personal data.
    9. Revoke consent to have their personal data processed under certain conditions.

    Many of these data subject rights are like the GDPR. For example, both the GDPR and LGPD give data subjects the right to be informed, the right to access, the right to data portability and the right to rectify false data. However, while the LGPD has nine data subject rights, the GDPR has only eight. What is the extra data subject right ? The right to gain information on who a data processor has shared your data with.

    There are other slight differences between the GDPR and LGPD with regard to data subject rights. For instance, the GDPR has a clear right to restrict certain data processing activities, such as those related to automation. The LGPD has this, too. But the subject of data collection automation is under Article 20, separate from all the data subject rights listed under Article 19.

    Under what conditions can personal data in Brazil be processed ?

    There are various conditions under which organisations can legally conduct personal data processing in Brazil. The aim of these conditions is to give data subjects confidence — that their personal data is processed for only safe, legal and ethical reasons. Also, the conditions help data processors, both individuals and organisations, determine if they have a legal basis for processing personal data in or in relation to Brazil.

    Legal basis of data collection in Brazil

    According to Article 7 of the LGPD, data processing may only be carried out if done :

    1. With consent by the data subject.
    2. To comply with a legal or regulatory obligation.
    3. By public authorities to assist with the execution of a public policy, one established by law or regulation.
    4. To help research entities carry out studies ; granted, when possible, subjects can anonymize their data.
    5. To carry out a contract or preliminary procedure, in particular, one related to a contract where the data subject is a party.
    6. To exercise the right of an arbitration, administration or judicial procedure.
    7. To protect the physical safety or life of someone
    8. To protect the health of someone about to undergo a procedure performed by health entities
    9. To fulfill the legitimate interests of a data processor, unless doing so would compromise a data subject’s fundamental rights and liberties.
    10. To protect one’s credit score.

    Much like the nine data subject rights, there are key differences between the LGPD and GDPR. The GDPR has six lawful bases for data processing, while the LGPD has ten. One notable addition to the LGPD is for the protection of one’s credit score, which is not covered by the GDPR. Another reason to ensure compliance with both data protection laws separately.

    LGPD vs. GDPR : How do they differ ?

    The LGPD was modeled closely on the GDPR, so it’s no surprise the two are similar. 

    Both laws ensure a high level of protection for the rights and freedoms of data subjects. They outline the legal justifications for data processing, establish the responsibilities of a data protection authority and lay out the penalties for non-compliance. That said, there are key differences between them.

    First, data subject rights ; the LGPD has nine, while the GDPR has eight. The GDPR gives data subjects the right to request a human review of automated decision-making, while the LGPD does not. Second, the legal bases for processing ; the LGPD has ten, while the GDPR has six. The four legal bases unique to the LGPD are : for protection of credit, for protection of health, for protection of life and for research entities carrying out studies.

    Both the LGPD and GDPR have different non-compliance penalties. The maximum fine for an infraction under the GDPR is up to €20 million (or 4% of the offender’s annual global revenue, whichever is higher). The maximum fine for an LGPD infraction is up to 50 million reais (around €9.2 million), or up to 2% of an offender’s revenue in Brazil, whichever is higher.

    6 steps to LGPD compliance with Matomo

    Below are steps you can follow to ensure your organisation is LGPD compliant. You’ll also learn how Matomo can help you comply quickly and easily.

    How to ensure compliance with LGPD

    Let’s dive in.

    1. Appoint a DPO

    A DPO is a person, group, or organisation that communicates with data processors, data subjects, and the ANDP.

    Curiously, the LGPD lets you appoint your own DPO — even if they reside out of Brazil. So if the LGPD applies to you, you can appoint someone in your organisation to be a DPO. Just make sure that the nominated person has the understanding and capacity to perform the role’s duties.

    2. Assess your data

    Once you’re familiar with the LGPD and confirm your eligibility for LGPD compliance, take the time to assess your data. If you plan to collect data within the territory of Brazil, you’ll need to confirm the exact location of your data subjects. 

    To do this in Matomo, simply go to the previous year’s calendar. Then click on visitors, go to locations, and look for Brazil under the “Region” section. This will tell you how many of your web visitors are located in Brazil.

    Matomo data subject locations

    3. Review privacy practices

    Review your existing privacy policies and practices, as there’s a good chance they’ll need to be updated to comply with the LGPD. Also, review your data sharing and third-party agreements, as you may need to communicate these new policies to partners that you rely on to deliver your services. 

    Lastly, review your procedures for tracking personal data and Personally Identifiable Information (PII). You may need to modify the type of data that you track to comply with the LGPD. You may even be tracking this data without your knowledge.

    4. Anonymize tracking data

    Data subjects under the LGPD have the right to request data anonymity. Therefore, to be LGPD compliant, your organisation must be able to accommodate for such a request.

    Fortunately, Matomo has various data anonymization techniques that help you protect your data subject’s privacy and comply with the LGPD. These techniques include the ability to anonymize previously tracked raw data, anonymize visitor IP addresses, and anonymize relevant geo-location data such as regions, cities and countries.

    Matomo data anonymity feature

    You can find these features and more under the Anonymize data tab within the Privacy menu on the Matomo Settings page. Learn more about how to configure privacy settings in Matomo.

    5. Comply with LGPD consent laws without cookies

    By using Matomo to anonymize the data of your data subjects, this enables you to comply with LGPD consent laws and remove the need to display cookie consent banners on your website. This is made possible by the fact that Matomo is a cookieless tracking web analytics platform.

    Unlike other web analytics platforms like Google Analytics, which collect and use third-party cookies (persistent data that remains on your device, until that data expires or until you manually delete it) for their “own purposes,” Matomo is different. We use alternative means to identify web visitors, such as count the number of unique IP addresses and perform browser fingerprinting, neither of which involve the collection of personal data.

    As a result, you don’t have to display cookie consent banners on your website, and you can track your web visitors even if they disable cookies.

    6. Give users the right to opt-out

    Under the LGPD, data subjects have the right to opt-out of your data collection procedures. For this reason, make sure that your web visitors can do this on your website.

    Matomo tracking opt-out feature

    You can do this in Matomo by adding an opt-out from tracking form to your website. To do this, click on the cog icon in the top menu, load the settings page, and click on the Users opt-out menu item in the Privacy section. Then follow the instructions to customise and publish the Matomo opt-out form.

    Achieve LGPD compliance with Matomo

    Like GDPR for Europe, the LGPD will impact organisations doing business in Brazil. And while they both share much of the same definitions and data subject rights, they differ on what qualifies as a legal basis for processing sensitive data. Complying with the GDPR and LGPD separately is non-negotiable and essential to avoiding maximum fines of €20 million and €9.2 million, respectively.

    Comply with LGPD with Matomo

    As a web analytics platform with LGPD compliance, Matomo prioritises data privacy without compromising performance. Switch to a powerful LGPD-compliant web analytics platform that respects users’ privacy. 

    Get a 21-day free trial of Matomo today. 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 LGPD. We encourage every business and website to take data privacy seriously and discuss these issues with your lawyer if you have any concerns.