Is Google Tag Manager GDPR compliant?

What does Google Tag Manager do?

A container that loads other tags. On its own it stores nothing, so fetching it is not yet consent-relevant, but whatever it fires usually is. Configure Consent Mode with denied defaults so no tag runs before a choice is made.

Does Google Tag Manager need consent?

Yes. Google Tag Manager 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 Google Tag Manager send data outside the EEA?

Yes. Google Tag Manager 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 Google Tag Manager?

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