Data protection on the net: tracking pixels and their legal gray areas!

The discussion about the use of tracking pixels on websites and their data protection implications is becoming more important. Radio Bremen has announced that the anonymized statistical analysis of surfing behavior has been used. This technology makes it possible to avoid technical conclusions about individual users. Users have the option of contradicting data acquisition and transmission by AT Internet/Piano Analytics. You can also determine whether external content such as text, image or video should be displayed without renewed consent.

If external content is activated, a connection with the provider is established when accessing the content. Otherwise, the consent must be obtained again on the relevant page. The external content includes platforms such as the ARD Mediathek, Facebook, YouTube, Vimeo, Dailymotion, Instagram and others.

Technical and legal background to track pixels

In connection with tracking pixels, other sources of information also report on their legal classification. Counting pixels are a form of graphic elements on websites that are delivered to the client as 1 × 1 pixel and are used for statistical evaluations of websites, apps and emails. They have a low loading time and are not visible to the users. However, it is legally unclear whether the use of tracking pixels for website operators is permitted without further measures. According to § 25 paragraph 1 of the new Telecommunications and Media Act (TTDSG), they are not required for the operation of a digital service.

Data processing when using tracking pixels is subject to the General Data Protection Regulation (GDPR). A legally compliant use is only possible if no personal data is determined. The provider of the digital service is responsible for data processing and must obtain the consent of the users in order to use tracking pixels.