Navigating the Recent Cookie Consent Requirements for Microsoft Clarity Users in the EEA, UK, and Switzerland

In recent months, Microsoft Clarity, a popular analytics tool for monitoring user behavior, has updated its cookie policies. This change has implications for websites using Clarity in the European Economic Area (EEA), the United Kingdom (UK), and Switzerland. Previously, Clarity did not require explicit user consent for its tracking activities. However, under the new terms, compliance with privacy laws like the General Data Protection Regulation (GDPR) and the ePrivacy Directive has become essential. Let’s explore these changes, their impact, and how website owners and developers can adapt.

What’s Changed in Microsoft Clarity’s Cookie Policy?

1. Introduction of Consent Requirements:
   • Websites using Clarity now need to obtain explicit user consent before deploying Clarity’s tracking cookies.
   • This shift aligns Clarity with stricter interpretations of GDPR and similar laws, which require prior consent for using non-essential cookies.
2. Cookies Used by Clarity:
   • Clarity’s cookies track user behavior, including session recordings, heatmaps, and other analytics data.
   • These are classified as non-essential cookies, which are subject to user consent under GDPR and ePrivacy regulations.
3. Regulatory Compliance Motivation:
   • Increased scrutiny from regulators across the EEA and UK prompted Microsoft to update its terms to ensure compliance.

Implications for Websites Using Microsoft Clarity

If your website uses Microsoft Clarity, here’s how the new cookie policy affects you:

1. Consent Management Platform (CMP) Requirement:
   • You must integrate a compliant CMP to handle user consent.
   • Clarity scripts should be blocked until users explicitly grant consent.
2. Privacy Policy Updates:
   • Websites must update their privacy policies to disclose the use of Clarity cookies, detailing what data is collected and for what purpose.
3. Clarity Configuration:
   • Microsoft Clarity must be configured to respect users’ consent choices.
   • Features such as Do Not Track (DNT) should be enabled where applicable.
4. Granular Consent Options:
   • Offer users the ability to opt-in or opt-out of Clarity cookies separately from strictly necessary cookies.
5. Data Localization and Retention:
   • Verify Clarity’s compliance with data localization laws and ensure that user data is processed and stored in accordance with GDPR.

Steps to Achieve Compliance

1. Audit Clarity’s Cookie Usage

Use tools like browser developer tools or third-party scanners to identify cookies deployed by Clarity. Classify these cookies as essential or non-essential.

2. Implement a GDPR-Compliant CMP

Choose a CMP such as Cookiebot, OneTrust, or CookieYes and configure it to:

• Block Clarity cookies until consent is obtained.
• Display cookie banners that explicitly request user consent for analytics cookies.

3. Configure Microsoft Clarity

• Use Clarity’s API to dynamically respect user consent preferences.
• Disable session recording and tracking if consent is not granted.

4. Update Privacy Policies

Clearly outline how Microsoft Clarity is used, including the type of data collected, its purpose, and how users can manage their consent preferences.

5. Monitor Data Sharing Practices

Ensure that Clarity complies with data transfer regulations, particularly when transferring data to third countries outside the EEA, UK, or Switzerland. Confirm safeguards like Standard Contractual Clauses (SCCs) are in place.

Risks of Non-Compliance

1. Regulatory Fines:
   • GDPR violations can result in fines of up to €20 million or 4% of global turnover.
2. Loss of User Trust:
   • Failing to obtain proper consent can damage your website’s credibility and reputation.
3. Service Disruptions:
   • Microsoft may suspend Clarity services for websites found violating the updated terms.

Key Takeaways

1. Consent is Now Mandatory: If you’re using Microsoft Clarity in the EEA, UK, or Switzerland, obtaining user consent is no longer optional.
2. Invest in a CMP: A reliable CMP ensures compliance and builds trust with your users.
3. Stay Updated: Privacy laws evolve frequently, so monitor regulatory updates and Microsoft Clarity’s terms.
4. Consult Experts: When in doubt, consult legal or data privacy experts to ensure full compliance.

By taking these steps, you can continue to benefit from Clarity’s powerful analytics features while maintaining compliance with data protection regulations. Staying proactive and informed is key to navigating these changes effectively.