Is Jetpack Stats GDPR compliant?

What does Jetpack Stats do?

WordPress statistics through Automattic. The data leaves the EEA and the module counts visitors, so it belongs behind consent unless you switch to a cookieless alternative.

Does Jetpack Stats need consent?

Yes. Jetpack Stats is Analytics, 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 Jetpack Stats send data outside the EEA?

Yes. Jetpack Stats 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 Jetpack Stats?

How do we detect Jetpack Stats?

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