GDPR cookie disclaimer

[MaayanSel]

Hey, 

I understood that the cookie disclaimer on HS will only work on HS COS and I need one to cover my website as well. Is there a way to add the WordPress plugin on HS or the other way around? 

Thanks all!

[MFrankJohnson · Accepted solution]

Q: Is there a way to add the WordPress plugin on HS or the other way around? 

Short A: No.

Longer A:

Plugin code is NOT portable across platforms (e.g., WordPress-to-HubSpot, WordPress-to-Joomla, HubSpot-to-WordPress, HubSpot-to-Joomla, etc.). Just doesn't work that way.

UPDATE @MaayanSel

However, you may activate HubSpot cookie tracking on sites where the HubSpot tracking code resides. Please see this recently updated KB article (18-May) for instructions - How to customize cookie tracking and your privacy policy alert in HubSpot

If the HubSpot method described in that article doesn't meet you WordPress needs you'll want to search the WordPress.org plugin directory for a suitable solution.

Hope that helps and thanks for the good catch @sebastianulbert ... 

[sebastianulbert]

Hi @MaayanSel - I have a WordPress page and the cookie disclaimer does perfectly work. Take a look at https://www.stockwerk5.com/ and you see the Hubspot cookie disclaimer in the bottom bar. I use the free version for this blog and the only thing I noticed is that it only works with the default disclaimer (which still allows modifications in styling and text).

@edjusten @PatriciaSaonaC @MFrankJohnson

[ojobson]

It doesn't work at all because your website sets cookies on the first visit without asking me for consent. This is not GDPR compliant as I understand it.

[sebastianulbert]

In my case it works as it should work. It is informing and not asking for consent prior web usage. HubSpot support said they start storing the IP address only after a form submission (where I ask for consent of storing and processing data according to the data privacy). Before that action it's anonymized. Recital 30 (the only part when GDPR mentions cookies) is talking aboutidentification. 

And there is Art. 6 GDPR lit. (f): [...] processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child.

In general cookie usage is governed by the ePrivacy Directive (Cookie law) and not the GDPR. At http://ec.europa.eu/ipg/basics/legal/cookies/index_en.htm you find the info when it requires users’ informed consent before storing cookies on a user’s device and when not. Also, keep in mind that the current ePrivacy Directive's scope is different from GDPR.

The cookie law does not require that you provide users with the means to toggle cookie preferences directly on your site/app, only that you conspicuously provide the option for obtaining informed consent, provide a means for the withdrawal of consent and guarantee via prior blocking that no tracking is performed before consent is obtained.

The cookie law does not require that you individually list third-party cookies, only that you state their category and purpose.

[ojobson]

Sebastian - Europa states persistent cookies "requires prior informed consent for storage or for access to information stored on a user's terminal equipment".

The UK ICO state "To ensure that consent is freely given, users should be able to disable cookies, and you should make this easy to do". HubSpot currently do not allow users to easily disable cookies at a later time.

Then there is the issue that the HubSpot cookie banner doesn't control the placing of other website cookies - such as google analytics... so it isn't compliant for most customers.

[sebastianulbert]

You have to activate it in the settings. For the other cookies, I think we can't blame HubSpot. There are tools out there that cover everything. Don't forget, the question started talking about the free version of the tool.

You did cut the quote too early as there is a list of examples when cookies clearly exempt from consent. And there might be legitimate interest too.

I want to finish with a quote: "My message to companies is: Keep calm, don´t panic!" said EU Justice Commissioner Vera Jourova to AFP.

[PatriciaSaonaC]

I will only work on Hubspot's hosted pages!

[edjusten · Accepted solution]

Hi @MaayanSel   The HubSpot cookie disclaimer is baked in to the HubSpot system, so there is no way to export it or use it on an external page. 

This website from smallenvelope.com lists five cookie-consent plugins available on the web. This blog post is more than one year old however, so your mileage may vary on if these are still available. 

Hope this helps,

Ed Justen

[MaayanSel]

Thanks. Do you know if I'll be able to embed one of then in HS so that I have one disclaimer on my entire site?

[MFrankJohnson · Accepted solution]

Q: Is there a way to add the WordPress plugin on HS or the other way around? 

Short A: No.

Longer A:

Plugin code is NOT portable across platforms (e.g., WordPress-to-HubSpot, WordPress-to-Joomla, HubSpot-to-WordPress, HubSpot-to-Joomla, etc.). Just doesn't work that way.

UPDATE @MaayanSel

However, you may activate HubSpot cookie tracking on sites where the HubSpot tracking code resides. Please see this recently updated KB article (18-May) for instructions - How to customize cookie tracking and your privacy policy alert in HubSpot

If the HubSpot method described in that article doesn't meet you WordPress needs you'll want to search the WordPress.org plugin directory for a suitable solution.

Hope that helps and thanks for the good catch @sebastianulbert ... 

[SanteriH]

Hi!

I was having problems setting up the cookie notification. I got it working thanks to this post. Thanks!