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Category: Cookie Types

Analytics Cookies

Also known as: Performance Cookies

Simply put

Analytics cookies are small files placed on a user's device to measure how people use a website, such as how many visitors arrive and which pages they view. Website operators use this information to understand visitor behaviour and improve their sites. Because they are not strictly necessary to deliver a service a user requests, they generally require the user's prior consent in most EU jurisdictions.

Formal definition

Analytics cookies (also called performance cookies) are cookies used as a measurement tool to collect data about website visitors and their browsing behaviour, including metrics such as the number of unique visitors and the pages they browse. The information is typically used to help site operators evaluate and improve website performance. Under the ePrivacy regime, placing or accessing analytics cookies on a user's device generally requires prior consent in most EU jurisdictions, as they are not considered strictly necessary; to the extent the data collected constitutes personal data, its subsequent processing is separately governed by the GDPR. Similar tracking technologies used for analytics purposes (for example tracking pixels, SDKs, or local storage) typically fall within the same rules even though they are not literally cookies. Note that regulatory positions on whether certain first-party or anonymised analytics may benefit from exemptions vary between authorities and jurisdictions, and requirements differ under non-EU frameworks such as US state privacy laws, which more commonly rely on opt-out mechanisms. This entry does not address the specifics of any individual analytics product's configuration or data flows.

Why it matters

Analytics cookies sit at the heart of a common compliance tension: website operators genuinely need to understand how visitors use their sites, yet the technologies that provide these insights are generally not treated as strictly necessary under EU law. Because analytics cookies are placed to measure and improve site performance rather than to deliver a service the user has specifically requested, in most EU jurisdictions their placement or access typically requires the user's prior consent under the ePrivacy regime. Deploying them without valid consent is therefore a frequent source of compliance risk, particularly where they are set automatically on page load before the user has made any choice.

The stakes extend beyond the act of placing the cookie. To the extent that the data collected constitutes personal data, its subsequent processing is separately governed by the GDPR, meaning operators must consider both the lawfulness of dropping the cookie and the lawfulness of what happens to the data afterwards. Analytics purposes can also be served by technologies that are not literally cookies, such as tracking pixels, SDKs, or local storage, and these generally fall within the same rules. Treating only browser cookies as in-scope can leave meaningful gaps in a consent programme.

Regulatory positions in this area are not uniform. Authorities differ on whether certain first-party or anonymised analytics implementations may benefit from exemptions, and requirements diverge sharply outside the EU: US state privacy frameworks, for example, more commonly rely on opt-out mechanisms rather than the prior opt-in consent expected in most EU jurisdictions. Because guidance continues to evolve, operators should verify the current position of the relevant authority for the jurisdictions they serve rather than assume a single global standard applies.

Who it's relevant to

Privacy officers and data protection professionals

Those responsible for a site's consent strategy need to classify analytics cookies correctly, ensure they are not deployed before consent is obtained where that is required, and account for both the ePrivacy placement rules and any GDPR obligations attaching to the resulting personal data. They should also monitor whether the relevant authority recognises any exemption for particular first-party or anonymised analytics, as positions vary.

Legal counsel and compliance teams

Counsel advising on multi-jurisdictional operations must recognise that consent expectations differ: most EU jurisdictions generally expect prior opt-in consent for analytics cookies, while US state frameworks more commonly rely on opt-out mechanisms. Advice should be scoped to the specific jurisdictions served and revisited as regulatory guidance evolves.

Web developers and analytics implementers

Developers configuring analytics need to ensure that cookies and equivalent technologies such as pixels, SDKs, or local storage are not loaded until an appropriate consent signal is present where consent is required. Because implementation details affect data flows and compliance, technical configuration choices should be made in coordination with the privacy and legal functions.

Marketing and measurement teams

Teams that rely on visitor metrics to evaluate and improve site performance should understand that analytics data availability may depend on user consent in EU jurisdictions, and that lawful measurement requires balancing insight needs against the applicable consent obligations rather than defaulting to collection by design.

Inside Analytics Cookies

First-party analytics cookies

Cookies set by the operator of the visited website to measure how visitors use that site, such as pages viewed, session duration, and navigation paths. Even when limited to a single site, these generally require prior consent under EU ePrivacy rules unless a narrow exemption applies.

Third-party analytics cookies

Cookies set by an external analytics provider whose scripts are embedded in the site. These often involve data transfers to the provider and, in many EU jurisdictions, raise additional considerations around joint responsibility and international data transfers.

Analytics identifiers and processing

The unique or pseudonymous identifiers used to distinguish visitors or sessions. Where these relate to an identifiable individual, the resulting processing is generally subject to the GDPR in addition to the ePrivacy rules governing the placing of the cookie itself.

Equivalent tracking technologies

Pixels, tags, SDKs, local storage, and similar mechanisms used for measurement purposes fall within the same consent rules as analytics cookies under EU law, even though they are not literally cookies.

Consent status for analytics

Analytics cookies are typically treated as non-essential in most EU jurisdictions and generally require prior, informed, and unambiguous consent, in contrast to strictly necessary cookies that may be exempt.

Common questions

Answers to the questions practitioners most commonly ask about Analytics Cookies.

Are analytics cookies exempt from consent because they don't identify individual users?

No. The perception that analytics cookies are low-risk or anonymous does not, by itself, exempt them from consent. In most EU jurisdictions, the ePrivacy rules governing the placing of and access to information on a user's device generally require prior consent for analytics cookies, regardless of how the resulting data is later characterized. Some data protection authorities have taken a more permissive view of certain narrowly scoped, first-party audience-measurement analytics, but this varies by jurisdiction and is not a universal exemption. Separately, to the extent analytics involve processing personal data, the GDPR also applies, and satisfying one regime does not automatically satisfy the other.

If a user keeps browsing the site, can we treat that as consent for analytics cookies?

Generally no, at least under EU law. Valid consent under the GDPR must be freely given, specific, informed, and unambiguous, and requires a clear affirmative action. Implied consent from continued browsing, pre-ticked boxes, and cookie walls are widely considered non-compliant in most EU jurisdictions. This contrasts with some US state privacy frameworks, such as those in California, which often rely on an opt-out model rather than opt-in. The applicable standard therefore depends on the geographic and legal scope of your audience, and you should confirm the position for each relevant jurisdiction.

Should analytics cookies fire before or after the user makes a consent choice?

In jurisdictions applying an opt-in standard, such as most of the EU, analytics cookies that require consent should generally not be set or read until the user has given a clear affirmative indication. This typically means suppressing the relevant tags or scripts until consent is recorded. Note that similar technologies used for analytics, such as pixels, local storage, and SDKs, fall within the same rules even though they are not literally cookies. In opt-out jurisdictions the sequencing may differ, so the correct approach depends on which legal regime applies to a given user.

How can a consent management platform help manage analytics cookies?

A consent management platform (CMP) can present consent choices, block or release analytics tags based on those choices, and maintain records of the consent obtained. CMPs may integrate with frameworks such as the IAB Transparency and Consent Framework and can be configured to respond to signals like Global Privacy Control where relevant. However, a CMP supports compliance rather than guaranteeing it; correct categorization of analytics cookies, accurate configuration, and legal judgment about the applicable regime remain your responsibility.

What records should we keep for consent to analytics cookies?

Consent logging and record-keeping are generally treated as part of demonstrating that valid consent was obtained, which is relevant to accountability under the GDPR in the EU. Records typically aim to capture that a user made a clear affirmative choice and the scope of that choice. The specific content, retention, and format of such records can depend on the applicable jurisdiction and regulatory guidance, and the precise expectations are not uniform across regimes. This entry does not set out a definitive record-keeping specification; confirm the requirements for your applicable law.

How should we handle users who withdraw consent for analytics cookies?

Where consent is the basis for analytics cookies, users should generally be able to withdraw it as easily as they gave it, and analytics tags that depend on consent should stop being set or read once consent is withdrawn. This may also involve addressing cookies already stored on the device. The mechanics of withdrawal, and whether an opt-out mechanism rather than withdrawal of opt-in consent applies, depend on the governing regime, which differs between the EU, the UK, and individual US states. Confirm the applicable standard for the users concerned.

Common misconceptions

Analytics cookies are essential, so no consent is needed.

In most EU jurisdictions analytics cookies are treated as non-essential and generally require prior consent, unlike strictly necessary cookies. Some data protection authorities have discussed narrow exemptions for certain audience-measurement uses, but such positions vary and should not be assumed to apply everywhere.

Anonymizing analytics data removes all legal obligations.

The ePrivacy rules on placing or accessing information on a user's device can apply to the analytics cookie regardless of whether the data is later anonymized. Whether the subsequent processing also engages the GDPR depends on whether the data remains linked to an identifiable individual.

Consent rules for analytics cookies are the same worldwide.

Requirements differ by jurisdiction. EU and UK frameworks generally rely on prior opt-in consent, while several US state laws such as the CCPA and CPRA often rely on opt-out mechanisms. The applicable standard depends on the geographic and legal scope.

Best practices

Classify analytics cookies and equivalent technologies (pixels, tags, SDKs, local storage) as non-essential by default and, in EU and UK contexts, obtain prior consent before deploying them unless you have a well-documented basis for treating a specific measurement use as exempt.

Configure consent management platforms so that analytics tags are blocked until valid consent is captured, and confirm through testing that no analytics identifiers are set before that action.

Adapt your approach by jurisdiction, applying opt-in consent for EU and UK visitors while addressing opt-out mechanisms and applicable signals for US state regimes such as the CCPA and CPRA.

Maintain clear records of consent for analytics cookies to support accountability, recognizing that logging tools assist compliance but do not substitute for legal judgment.

Provide specific and informed disclosures about analytics cookies, including the provider, purpose, and any data transfers, rather than bundling them into a generic notice.

Review analytics vendor configurations and any international data transfer arrangements periodically, and reassess your position as data protection authority guidance and enforcement practice evolve.