Let’s address this with full clarity:
Analytical (analytics) cookies are profiling cookies—this is undisputed.
Foreword
Regulatory authorities and privacy watchdogs often clarify the distinction between “technical” and “profiling” cookies.
For example, in official guidance, one of the most common questions is: “Are analytics cookies considered ‘technical’ cookies?” The answer is clear: no.
If usage statistics and analytics are managed by third parties, personal data must be minimized beforehand and not combined with other data processing activities nor transmitted to additional parties. Under these conditions, analytics cookies can be treated under the same information and consent rules as technical cookies.
This means: if analytics are set up with “privacy by default” and minimization, you may handle information and consent similarly to technical cookies. However, analytics cookies themselves are not “technical” cookies.
Guidelines from data protection authorities generally state:
“Is user consent required for setting cookies?”
It depends on their purpose and on whether they are “technical” or “profiling” cookies.
- For technical cookies and analytics set up with true data minimization, explicit consent is not always required, but clear information must always be provided (art. 13 GDPR).
- Profiling or tracking cookies require explicit, prior consent after a concise disclosure.
To meet these requirements, organizations recommend displaying a banner at the first visit to the website with a short notice, options to give or withhold consent, and a link to the complete privacy policy. The user should be able to discover more and select which cookies to accept.
Therefore, analytics cookies are generally classified as profiling cookies—not technical cookies.
If you implement rigorous data minimization and anonymization, you may, in some cases, use analytics cookies without explicit consent; you must, however, still show a privacy banner or concise information notice.
- If your website only uses technical cookies, you may not need a consent banner—but this must be explicitly stated in your privacy policy.
- If you use analytics cookies, a brief disclosure banner is necessary, and these may operate without prior consent only if strict minimization requirements are respected.
In Summary
Privacy and data protection regulators clarify that analytics cookies are considered profiling cookies by default.
Initially, all analytics cookies were treated as profiling—even those anonymized—but authorities have subsequently specified: if data are properly minimized and anonymized, analytics cookies may be used without explicit consent.
However, treating analytics cookies as “technical” is misleading and can result in incorrect configurations and potential unlawful data processing.
Note: this applies to all analytics tools, not only to well-known solutions.
Final advice: Always act with caution when using analytics cookies. If unsure, consult with privacy professionals or your local supervisory authority. This way, you’ll avoid penalties and privacy risk.
