Are tracking mechanisms used for audience measurement exempt from the requirement to obtain consent?

ANSWER

Yes, but only under certain conditions.

Audience measurement may, to a limited extent, be considered strictly necessary for the operation of a website. To ensure that tracking mechanisms associated with this function remain limited, such trackers should:

• have a purpose strictly limited to measuring website audience statistics, carried out solely on behalf of the website administrator;
• be used exclusively to generate anonymous statistical data;
• prevent global tracking of individuals, meaning they must not track users across different applications or websites;
• not allow the collected data to be combined with other processing activities;
• not allow the collected data to be shared with third parties.

If these conditions are not met, the tracking mechanisms may no longer qualify for the exemption and user consent may be required.