Is Ensighten (Cheq) GDPR compliant?

What does Ensighten (Cheq) do?

A tag management and client-side security layer, now part of Cheq. Like any container it can fire further tags, so what decides the outcome is whether it holds them until a choice has been made.

Does Ensighten (Cheq) need consent?

Yes. Ensighten (Cheq) is Tag manager, 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 Ensighten (Cheq) send data outside the EEA?

Yes. Ensighten (Cheq) 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

How do we detect Ensighten (Cheq)?

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