GDPR and affiliate tracking: what is and isn't allowed

Under GDPR, you must have a lawful basis for processing personal data and setting cookies. For affiliate marketing, this usually involves clear user consent via a cookie banner.

Ensure your privacy policy clearly explains what data is shared with affiliate networks and for what purpose. Transparency is the key to both legal compliance and consumer trust.

Your tracking scripts must be integrated with your Consent Management Platform (CMP). If a user declines marketing cookies, the affiliate tracking should not fire in its standard form.

Some brands use 'consent-exempt' tracking methods that do not store personal data on the user's device, but these must be carefully vetted by legal counsel to ensure they meet local regulations.

Only collect the data necessary to attribute the sale and pay the commission. This usually includes an order ID, transaction value, and a timestamp. Avoid passing sensitive personal information like names or emails.

Affiliate networks are increasingly moving towards 'anonymised' tracking identifiers to reduce the risk of data breaches and comply with stricter privacy standards.

GDPR also impacts how publishers must disclose their relationship with you. They are required to clearly state that a link is an affiliate link and that they may earn a commission.

Include these disclosure requirements in your programme terms. It protects your brand from being associated with non-compliant advertising practices and potential fines.

Regulations are constantly evolving, and browser changes (like ITP) are making traditional cookie-based tracking harder. Moving to server-side tracking is the best way to ensure long-term compliance and accuracy.

At DIKKE KASSA, we help you navigate these technical and legal complexities. We ensure your programme remains effective while respecting the privacy of your customers.