Cookie tracking and e-privacy – current status and outlook for 2022

Based on the General Data Protection Regulation (GDPR) and the ePrivacy Directive (ePR), it is defined how companies can use cookie tracking on websites to track their visitors. The ePrivacy Regulation 2021 is intended to replace the existing ePrivacy Directive and further specify the GDPR, but it is still in the legislative process. So, how can cookies currently be used in compliance with the GDPR in online marketing, and do they still have a future next year? The team at our marketing agency in Munich presents the current facts as well as a range of ideas on alternatives for retargeting.

What does the ePrivacy Regulation 2021 entail?

The ePrivacy Regulation 2021 covers all electronic exchanges via public websites and services by individuals in the EU. It aims to ensure that individuals are protected from third-party interference in their private communications and internet use, unless they give their direct consent. 

This requires explicit consent from the user on your company website before you can use cookies and trackers or other technologies that collect and reuse personal data on your e-commerce website.

Cookie tracking on company websites currently requires confirmed consent from users, but what about future developments?

Google plans to discontinue tracking for advertising in 2022

Google has steadily growing market power and announced that, starting next year, it will generally stop tracking internet users. Already in 2020, the company removed third-party cookies from its Chrome browser, such as those from data brokers or advertising companies, which had previously tracked activities across various websites.

The company has now confirmed that it will not use any alternative methods for user cookie tracking from 2022 onwards. Even though the German Federal Association of Digital Publishers and Newspaper Publishers (BDZV), among others, has criticized the exploitation of a monopoly of power, companies should prepare for possible changes at an early stage and anticipate the prospective abolition of cookie tracking as we know it.

Online marketing strategies without cookie tracking?

So-called first-party cookies, which are stored directly on the company website for data collection purposes, are also permitted at present. However, these too have their limitations, for example if they are blocked by users via their browser or deleted at the end of the session. 

An interesting option here is contextual targeting. This involves displaying relevant content to the user based on the current page they are viewing. Algorithms analyze the topic of the current page (e.g., car tuning), and relevant display ads, for example, are shown accordingly.

So-called “gated platforms” give you the option of granting users access only after they have logged in free of charge. This does not require you to block all your website content from unregistered third parties. However, it is possible to make special services or information with added value available exclusively to registered users. The advantage: to comply with legal requirements, one-time consent via login is necessary, but afterwards the user's path can be easily tracked and individually tailored offers can be displayed.

Especially crucial is increasing your own marketing activities. This can be achieved, for example, through the use of newsletter marketing, but also by integrating new communication tools such as chatbots (digital assistants that allow users to communicate via text or voice input) or voice skills, like many are already familiar with from device applications such as "Alexa."

Our conclusion: Everything remains different! The future of cookie tracking and e-privacy is still uncertain. However, businesses would do well to proactively prepare for potential developments. We are happy to advise you in our marketing agency in Munich on future-proof strategies for internet marketing and e-commerce.