Is ActiveCampaign GDPR compliant?

What does ActiveCampaign do?

Marketing automation with site tracking that follows a contact page by page. The automation depends on that profile, so the script cannot be treated as necessary.

Does ActiveCampaign need consent?

Yes. ActiveCampaign is Advertising, which is never strictly necessary for a website to function. Under ePrivacy Article 5(3), and its national transpositions, storing or reading anything on the device for that purpose requires consent first, and that consent has to be as easy to refuse as it is to give.

ePrivacy Art. 5(3) · TDDDG § 25 (DE) · TKG 2021 § 165(3) (AT) · GDPR Art. 6(1)(a)

Does ActiveCampaign send data outside the EEA?

Yes. ActiveCampaign processes data outside the European Economic Area, so you need a transfer mechanism under Chapter V and you have to say so in your privacy policy. In practice this means standard contractual clauses, or a provider certified under the EU-US Data Privacy Framework.

GDPR Art. 44 · GDPR Art. 46

What can I use instead of ActiveCampaign?

How do we detect ActiveCampaign?

We load your page in a real browser as a first-time visitor who clicks nothing, then look at what it contacted. ActiveCampaign is recognised by requests to activehosted.com and activecampaign.com, and we report whether it merely loaded or actually sent data, and whether it set a cookie before any choice was made.