{"id":9069,"date":"2021-12-29T14:10:39","date_gmt":"2021-12-29T13:10:39","guid":{"rendered":"https:\/\/www.myagileprivacy.com\/cookie-analytics-technical-or-profiling\/"},"modified":"2026-01-05T11:27:28","modified_gmt":"2026-01-05T10:27:28","slug":"are-analytics-cookies-considered-technical-or-profiling","status":"publish","type":"post","link":"https:\/\/www.myagileprivacy.com\/en\/are-analytics-cookies-considered-technical-or-profiling\/","title":{"rendered":"Are Analytics Cookies Considered Technical or Profiling?"},"content":{"rendered":"

Let\u2019s address this with full clarity:
\nThird-party analytical cookies are profiling cookies\u2014this is undisputed.<\/strong><\/p>\n

Foreword<\/h2>\n

Regulatory authorities and privacy watchdogs often clarify the distinction between \u201ctechnical\u201d and \u201cprofiling\u201d cookies.
\nFor example, in official guidance, one of the most common questions is: \u201cAre analytics cookies considered \u2018technical\u2019 cookies?\u201d<\/strong><\/em> The answer is clear: no<\/strong>.<\/p>\n

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.<\/p><\/blockquote>\n

This means: if analytics are set up with \u201cprivacy by default\u201d and minimization, you may handle information and consent similarly to technical cookies. However, analytics cookies themselves are not \u201ctechnical\u201d cookies.<\/p>\n

Guidelines from data protection authorities generally state:
\n\u201cIs user consent required for setting cookies?\u201d<\/strong><\/em>
\nIt depends on their purpose and on whether they are \u201ctechnical\u201d or \u201cprofiling\u201d cookies.<\/p>\n

    \n
  • 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).<\/li>\n
  • Profiling or tracking cookies require explicit, prior consent after a concise disclosure.<\/li>\n<\/ul>\n

    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.<\/p>\n

    Therefore, analytics cookies are generally classified as profiling cookies\u2014not technical cookies.
    \nIf 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.<\/p>\n

      \n
    • If your website only uses technical cookies, you may not need a consent banner\u2014but this must be explicitly stated in your privacy policy.<\/li>\n
    • 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.<\/li>\n<\/ul>\n

      In Summary<\/h2>\n

      Privacy and data protection regulators clarify that analytics cookies are considered profiling cookies by default.
      \nInitially, all analytics cookies were treated as profiling\u2014even those anonymized\u2014but authorities have subsequently specified: if data are properly minimized and anonymized, analytics cookies may be used without explicit consent.<\/p>\n

      However, treating analytics cookies as \u201ctechnical\u201d is misleading and can result in incorrect configurations and potential unlawful data processing.<\/p>\n

      Note: this applies to all analytics tools, not only to well-known solutions.<\/p>\n

      Final advice:<\/strong> Always act with caution when using analytics cookies. If unsure, consult with privacy professionals or your local supervisory authority. This way, you\u2019ll avoid penalties and privacy risk.<\/p>\n","protected":false},"excerpt":{"rendered":"

      Let\u2019s address this with full clarity: Third-party analytical cookies are profiling cookies\u2014this is undisputed. Foreword Regulatory authorities and privacy watchdogs often clarify the distinction between \u201ctechnical\u201d and \u201cprofiling\u201d cookies. For example, in official guidance, one of the most common questions is: \u201cAre analytics cookies considered \u2018technical\u2019 cookies?\u201d The answer is clear: no. If usage statistics […]<\/p>\n","protected":false},"author":1,"featured_media":8740,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[76],"tags":[],"class_list":["post-9069","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-software-updates"],"acf":{"visibilita_box_autore":false,"autore_associato":null,"elenco_faq_articolo":[{"domanda":"Are analytics cookies considered technical cookies?","risposta":"No. According to FAQ number 4 of the Italian Data Protection Authority (Garante Privacy), analytics cookies are NOT technical cookies. They are considered profiling cookies, although under certain conditions they may be treated under the same rules as technical cookies with regard to privacy notices and consent."},{"domanda":"Under what conditions can analytics cookies be used without consent?","risposta":"Analytics cookies can be activated without consent only if data minimisation and anonymisation are applied, and if processing is entrusted to third parties in compliance with these criteria. In any case, a clear privacy notice to users always remains mandatory (pursuant to Art. 13 GDPR)."},{"domanda":"Is a cookie banner required if analytics are used on a website?","risposta":"Yes. If analytics cookies are used (which are profiling cookies), at least a short informational banner is required. Only if no cookies are installed (other than technical ones) can the banner be omitted, provided this is specified in the privacy policy."},{"domanda":"How must the privacy notice for profiling cookies be provided?","risposta":"According to FAQ 6 of the Garante, the website owner must immediately present a 'short first notice' with a consent request and a link to an 'extended' notice, where the user can choose in detail which cookies to accept."},{"domanda":"Do the rules on analytics apply only to Google Analytics or to all platforms?","risposta":"They apply to all analytics platforms. The Garante refers to 'analytics' in a general sense, so all statistical analysis platforms are subject to the same rules, not just Google Analytics."},{"domanda":"Why does the Garante not consider analytics cookies as technical cookies?","risposta":"Treating analytics as technical cookies could encourage website operators to configure them incorrectly, exposing them to risks of unlawful data processing and potential penalties. For this reason, the Garante maintains a clear distinction between the two categories."}],"url_esterno":""},"_links":{"self":[{"href":"https:\/\/www.myagileprivacy.com\/en\/wp-json\/wp\/v2\/posts\/9069","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.myagileprivacy.com\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.myagileprivacy.com\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.myagileprivacy.com\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.myagileprivacy.com\/en\/wp-json\/wp\/v2\/comments?post=9069"}],"version-history":[{"count":7,"href":"https:\/\/www.myagileprivacy.com\/en\/wp-json\/wp\/v2\/posts\/9069\/revisions"}],"predecessor-version":[{"id":15222,"href":"https:\/\/www.myagileprivacy.com\/en\/wp-json\/wp\/v2\/posts\/9069\/revisions\/15222"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.myagileprivacy.com\/en\/wp-json\/wp\/v2\/media\/8740"}],"wp:attachment":[{"href":"https:\/\/www.myagileprivacy.com\/en\/wp-json\/wp\/v2\/media?parent=9069"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.myagileprivacy.com\/en\/wp-json\/wp\/v2\/categories?post=9069"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.myagileprivacy.com\/en\/wp-json\/wp\/v2\/tags?post=9069"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}