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- How Google Recaptcha Works
- Is Recaptcha GDPR Compliant?
- Can I Use Google Recaptcha Under Legitimate Interests?
- What Google Says About Using Recaptcha
- How Are Different Versions of Google Recaptcha Affected?
- What Your Privacy Policy Should Say If You Use Google Recaptcha
- Cookie Notice and Cookie Consent If You Use Google Recaptcha
- What Your Cookie Policy Should Say If You Use Google Recaptcha
- What Can I Use Instead of Google Recaptcha?
- What’s The Outlook If I Keep Using Recaptcha?
To understand why Google ReCaptcha creates legal issues under GDPR it is important to know how it works. To summarise: Google Recaptcha works by tracking and analysing your user’s behaviour on your website. This includes looking at how the user navigates through the site with their mouse, how they click between content, the time they take to comple...
Out of the box, no. Google’s Recaptcha tool deployed solely on a website without adequate notices and consent mechanisms would breach GDPR. Sure, Google advises you to display their privacy policy and terms on the pages that you use Google ReCaptcha. But that’s not enough to make things compliant. The tool works by collecting and processing a lot o...
Legitimate interests allows for you to process persona data where you believe it to be within your legitimate interests as a business – e.g. we have an interest in keeping our website secure and to minimise the administration work required to clean out spam accounts and messages. AND you use people’s data in ways they would reasonably expect and wh...
When signing up you are asked to tick a number of boxes confirming that you make users aware of your use of Google ReCaptcha and that you advise them that the Google terms of use and privacy policy apply. In their EU User Agreement, Google go further making it clear that consent should be sought when required: Text from their agreementas of 10th Au...
Google ReCaptcha offers two free versions of their ReCaptcha captcha product – V2 and V3. ReCaptcha V2 works by giving users a challenge when they complete an action that spammers target, for example submitting a form. The user may be asked to classify an image, for example pick out the images that contain boats. The task is designed to be difficul...
Your privacy policy should highlight that you use Google’s recaptcha product. It should explain why you use the product, give an overview of how it works and explain your legal basis for processing...If you rely on consent it should explain how people may withdraw their consent.Your privacy policy should identify which 3rd party processors you share the personal data you collect with. It should identify where the data is processed and under what safeguards. Here’s an exam...Refresh of the rules: 1. If you use cookies and tracking technologies on your website AND you make your site available to users in the EEA (EU) or UK, you will need a cookie notice. 2. If you use non-necessary cookies you must get consent before you place these cookies on the user’s device. 3. Non-necessary cookies are any cookies that are not stri...
You should identify any cookies that are placed by Google ReCaptcha.Under the UK’s PECR and EU’s E-Privacy you must say what cookies will be set and explain what the cookies will do.Simple Honeypots
Honeypots add hidden form fields to your website forms. Humans can’t see those, so they will leave them blank. However, bots will typically fill these in. This is a simple and privacy conscious fix. However it is not as effective in preventing spam as Google ReCaptcha. The software behind spam bots has improved over time, so some bots will not fall for this trick. Still it is worth considering adding this, and used in tandem with a spam filter and/or double opt-in you can reduce your spam to...
Spam Filters & Double Opt-in
Another solution would be to change how you manage form submissions on your website. Take your contact form for example, how many spam entries do you receive? – It’s likely you do get a lot of sales messages but how many of these are automated? Is the amount you receive enough to justify the addition of a service like ReCaptcha or would a spam filter, which could match your form submissions against a list of spam accounts, be sufficient? You could also change your processes to use a double-op...
HCaptcha
HCaptcha is a drop-in replacement for ReCaptcha. There are some integrations already available for free. For example their WordPress pluginallows easy integration with your website’s forms and registration pages. One issue with HCaptcha is that while it is privacy friendly since it does not rely on recording and analysing your browsing history it still uses cookies. Using “non-essential” cookies can be considered a breach of the ePrivacy/PECR rules. You will need to evaluate first whether the...
For now, it’s not clear. The tool has some major issues in regards to GDPR and PECR (E-Privacy). But we still see many online brands using the service. It’s one of the most popular anti-spam technologies in the world. There are currently no legal decisions relating to Google ReCaptcha and the GDPR that we know about. If you continue to use this too...
Jan 3, 2024 · Companies using Google reCAPTCHA should understand how it works and its limitations if they need to comply with the European Union General Data Protection Regulation (GDPR).
The GDPR requires explicit user consent for certain data processing, cookies, and international data transfers, as seen in the use of Google reCAPTCHA. A balance between legitimate interests and user privacy must be maintained, with consent often required as the legal basis for the use of reCAPTCHA.
The short answer is no, Google reCAPTCHA is not inherently GDPR-compliant when used out of the box on websites, or if it’s poorly implemented. This is because CAPTCHA V3 operates invisibly to the user, which seems convenient but lacks transparency in terms of data processing or protection.
Apr 3, 2023 · Published on: 2023-4-3. The French data protection authority, the “CNIL”, recently sanctioned a company for using Google reCAPTCHA, a popular bot detection tool. What does the case mean for the thousands of websites and apps using reCAPTCHA to stop bots?
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May 24, 2021 · Here are the biggest fines recorded so far: 1. Google (€50m/£43.2m) Google was one of the first companies to be hit by a substantial GDPR fine of €50m in 2019. It was fined after a French ...
