Introduction and risks of external scripts:
Websites often use external scripts and services to provide additional functionality, such as analytics, advertising, and social media integration. However, these external services may collect and process personal data, which brings with it special requirements under the GDPR.
Consent and transparency (Article 6 and Article 7 GDPR):
- Consent: Websites must obtain consent from users before activating external scripts or services that process personal data. This applies in particular to tracking and analytics scripts and advertising. Consent must be clear, informed and voluntary.
- Transparency: Users must be informed in a clear and understandable way about what data is collected by the external services, for what purposes and with whom the data is shared. This information should be included in the website’s privacy policy.
Data processing agreements (Article 28 GDPR):
- Contractual arrangements: If external service providers process personal data on behalf of the website, a data processing agreement must be concluded. This agreement must ensure that the external service provider complies with the requirements of the GDPR and implements appropriate security measures.
- Content of the contract: The contract must regulate, among other things, the following points:
- The subject matter and duration of the processing
- The nature and purpose of the processing
- The nature of the personal data and the categories of data subjects
- The obligations and rights of the controller and the processor
Security measures (Article 32 GDPR):
- Technical and organizational measures: Websites must ensure that external scripts and services are securely integrated and do not allow unauthorized access to personal data. These include:
- Regularly review and update scripts: External scripts should be regularly reviewed for security vulnerabilities and updated to ensure they meet current security standards.
- Content Security Policies (CSP): Implementation of content security policies to restrict the execution of scripts and prevent cross-site scripting (XSS) attacks.
- Data flow monitoring: Monitoring data flow to and from external services to ensure that only necessary data is transferred and that no unauthorized access occurs.
Relevant articles of the GDPR:
- Article 6: Lawfulness of processing
- Article 7: Conditions for consent
- Article 28: Processors
- Article 32: Security of processing
Examples of compliance with the requirements:
- Analytical services: If a website uses Google Analytics, users’ consent must be obtained before activating the tracking script and a data processing agreement must be concluded with Google that ensures compliance with the GDPR.
- Social media plugins: If a website integrates social media plugins such as the Facebook “Like” button, users must be informed that personal data will be transferred to Facebook and their consent must be obtained.
Summary:
Websites must ensure that external scripts and services are only integrated with the explicit consent of users and in compliance with the data protection requirements of the GDPR. This includes concluding data processing agreements and implementing appropriate security measures. Users must be informed clearly and comprehensibly about which data is collected by the external services, for what purposes and to whom the data is passed on. Regular reviews and updates of the scripts as well as the implementation of security measures such as content security policies help to ensure the integrity and confidentiality of personal data. Compliance with these requirements strengthens user trust and minimizes the risks of data breaches.
