Is Klaviyo GDPR compliant?

What does Klaviyo do?

Email and SMS marketing with on-site behaviour tracking. It links browsing to a contact record, which is profiling and needs consent before the script runs.

Does Klaviyo need consent?

Yes. Klaviyo 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 Klaviyo send data outside the EEA?

Yes. Klaviyo 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 Klaviyo?

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