Many website owners worry about GDPR compliance when users visit their sites with ad-blockers enabled. Ad-blockers and browsers like Brave might block iubenda’s Privacy Controls and Cookie Solution, or even other products, preventing the cookie banner from displaying. This raises concerns about compliance with GDPR regulations. This article explains why website owners can still be compliant and what steps they should take to demonstrate their efforts.
Ad-blockers can prevent cookie banners or privacy notices from appearing on your website. This might seem problematic because it could appear that you’re not informing visitors about cookie usage or collecting their consent. However, compliance can still be achieved by understanding a few things, let’s see!
Under the GDPR, website owners (Data Controllers) must follow the accountability principle. This means they need to show they have procedures in place that allow users (Data Subjects) to exercise their privacy rights.
Similar principles apply in the US. Website owners (Controllers) must demonstrate accountability and show they have enabled individuals to exercise their privacy rights. If individuals willingly use tools that block privacy features, they waive some of their rights.
Perimeter of Liability of the Controller: The concept of “strict” liability in GDPR means that a controller may be held liable even in the absence of personal fault. This applies particularly to (1) obligations that impose a result-based requirement on the controller and (2) liability for actions taken by processors under the controller’s authority.
✅ Implement Privacy and Cookie Policies: Ensure you have all necessary GDPR measures in place, including a comprehensive Privacy Policy and Cookie Policy. Clearly outline how your site handles data and cookies.
✅ Detecting Ad-Blockers: According to the European Commission, you can detect if a user is using an ad-blocker without needing their prior consent. This detection should be included in your Privacy Policy, explaining that it’s necessary to ensure proper consent management. 👉 You can easily integrate this detection via a custom clause using iubenda’s Privacy and Cookie Policy Generator as detailed here.
✅ Inform Users: If an ad-blocker is detected, inform users that their use of such tools may prevent them from seeing important privacy notices and cookie consent banners. Encourage them to disable the ad-blocker for full functionality.
To add a custom service for ad-blocker detection to your iubenda privacy policy, you can follow these steps:
👉 For a detailed step-by-step guide on how to add a custom service and customize it to your specific needs, visit our comprehensive guide here.
By following these steps, you ensure that the ad-blocker detection feature is transparently disclosed in your privacy policy, helping to maintain compliance with GDPR and providing users with clear information about data collection practices.
💡 While ad blockers and certain browsers can pose challenges, demonstrating that your site has the necessary privacy tools installed will keep you compliant with GDPR and other privacy and cookie laws. This proactive approach helps protect your business and ensures that you are fulfilling your legal obligations.