I have written about gaining consent to track over many years, both here and on LinkedIn, and although most discussions are positive around my thinking and approach, detractors point to the fact I am not legal qualified, which is true. So this time I have formalised my thinking and got legally qulaified expertise from Axel Tandberg – a senior advisor and data protection expert at LegalWorks.se.
The result is this clearly defined (and some say controversial) whitepaper that sets out the critical requirements you need to have in place for your website (or app) to be consent compliant in a GDPR/ePD world. Nothing dodgy or hidden – just good advice for doing the right thing both, legally and ethically, in a smart way.
Importantly, the approach optimises your opt-in rate in a completely transparent way. Why is that so important? Because data consistently shows that if you ignore the optimisation step, your website can lose up to 70% of its traffic…! Get it right however, and you can reverse that statistic.
Download this free whitepaper directly (no sign up details required).
Update Jan 2025
Recent notices from the French DPA (CNIL) and Belgium DPA (GBA) means it looks like the end of the road for my 2-click reject versus 1-click accept consent solution.
Its been in use on many enterprise websites for 4 years and although I still consider it valid (along with many privacy lawyers), arguing for its case has become cumbersome. Note, there are no dark patterns in my approach – just a pragmatic nudge that differs by only 1-click. However, there are still so many websites that are using dark patterns/user manipulation with their consent banners, that I want to avoid being associated with them. Hence I have decided to go with the flow of 1-click reject design.
Brian Clifton is a measurement and data privacy strategist, author, and founder of Verified Data — the auditing platform for data quality and governance. Formerly Google’s Head of Web Analytics for EMEA, Brian has spent over two decades helping organisations build trust in their digital data. He is the author of the best-selling books Successful Analytics and Advanced Web Metrics with Google Analytics. He is a certified member of the European Association of Data Protection Professionals.
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