Is LiveChat GDPR compliant?

What does LiveChat do?

A long-established chat product used on commercial sites. Its script loads for everyone and stores session identifiers whether or not the visitor ever opens the window.

Does LiveChat need consent?

Yes. LiveChat is Chat, 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 LiveChat send data outside the EEA?

Yes. LiveChat 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 LiveChat?

How do we detect LiveChat?

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