reCaptcha and GDPR: What companies need to know

The use of Google reCAPTCHA raises many questions about GDPR compliance. Owned by Google since 2009, this service has become a popular tool for Online security reCAPTCHA distinguishes between human and automated users on websites. However, the collection of data in the background raises data protection concerns.

Companies are facing the challenge, reCAPTCHA GDPR compliant to be used. The different variants such as Image reCAPTCHA, Text reCAPTCHA and Invisible reCAPTCHA collect different data. To avoid legal consequences, companies must adapt their data protection forms and inform users.

Important findings

• reCAPTCHA collects extensive user data
• GDPR compliance requires user consent
• Data protection declarations must be adapted
• High fines possible for violations
• Alternatives to reCAPTCHA should be considered

What is Google reCAPTCHA?

Google reCAPTCHA is an advanced security tool for websites. It serves the Bot protection and prevents spam and abuse. The reCaptcha integration enables an effective User authentication.

Definition and origin

CAPTCHA stands for "Completely Automated Public Turing test to tell Computers and Humans Apart". It was developed by Luis von Ahn, a computer science professor. Google took over the system in 2009 and has been constantly optimizing it ever since.

Different variants of reCAPTCHA

There are several versions of reCAPTCHA:

• Image reCAPTCHA: Users select images
• Text reCAPTCHA: Input of distorted characters
• Invisible reCAPTCHA: Background check

The latest version, reCAPTCHA v3, analyzes user behavior inconspicuously without visible tests.

How reCAPTCHA works

reCAPTCHA uses complex algorithms to differentiate between humans and machines. It evaluates factors such as mouse movements, click patterns and browser information. If a bot is suspected, it requests additional actions.

The reCaptcha integration offers strong Bot protectionbut also raises questions about data processing. Companies must carefully weigh up the balance between security and data protection.

Data protection concerns with reCAPTCHA

The use of Google reCAPTCHA raises considerable data protection issues. In particular, the invisible analysis of user behavior by reCAPTCHA v3 is the focus of criticism. This version collects a large amount of personal data without the explicit consent of users.

A GDPR-compliant verification shows: reCAPTCHA collects IP addresses, operating system information, cookies, mouse movements and keystrokes. This extensive data collection often takes place without sufficient transparency towards users.

The Data protection with reCAPTCHA should be viewed particularly critically. The Bavarian Data Protection Authority (BayLDA) strongly advises website operators to consider alternatives to Google reCAPTCHA. The reason for this is the lack of transparency in data processing.

Another point is data transfer to the USA. Following the Schrems II ruling, there are considerable concerns regarding GDPR compliance. Website operators must carefully consider whether the use of reCAPTCHA is really necessary or whether more data protection-friendly alternatives such as honeypots or other CAPTCHA providers can be used.

What data does Google reCAPTCHA process?

Google reCAPTCHA collects a variety of data to verify users. The reCaptcha integration often takes place without sufficient transparency for the visitors of a website.

Personal data

When using reCAPTCHA, the following personal data is collected:

• IP address
• Browser information and plugins
• Device settings
• Cookies from the last 6 months
• Time spent on the website
• Mouse movements and keyboard strokes

Tracking across websites

reCAPTCHA uses cookies to track user behavior across pages. This enables the identification of returning visitors and the calculation of a trust score.

Storage duration of the data

The exact storage period of the data collected is not transparent. It is known that Google stores cookies for at least 6 months. A complete explanation in the Data protection form is therefore difficult.

The extensive data collection by reCAPTCHA raises questions about GDPR compliance. Companies should carefully weigh up the need to use it and consider alternative solutions.

Legal basis for the use of reCAPTCHA

The use of Google reCAPTCHA requires careful consideration of the legal aspects. For a GDPR-compliant confirmation companies must pay attention to several points. Firstly, user consent is essential, as reCAPTCHA is not absolutely necessary for website operation.

Transparent communication about data processing is crucial. Users must expressly agree to Google collecting data before activating reCAPTCHA. This includes information such as IP address, browser interactions and device settings.

An opt-out procedure must be offered for GDPR-compliant use of reCaptcha. This allows users to withdraw their consent at any time. The privacy policy must clearly set out all processed data, its purposes and responsibilities.

Companies should formulate consent clearly and avoid dark patterns. The use of a consent management provider can help to avoid errors and optimize consent management. This is the only way to use reCAPTCHA in a legally compliant manner and avoid potential fines.

reCaptcha GDPR-compliant: Is that possible?

The GDPR-compliant verification using reCaptcha presents companies with challenges. Nevertheless, a legally compliant reCaptcha integration quite feasible. However, it requires careful planning and implementation.

The challenges of GDPR compliance

Google reCAPTCHA collects extensive data. In one test, 15 cookies were transferred. The exact number varies depending on previous Internet activity. reCAPTCHA v3 analyzes dwell time, mouse movements and device information. According to the ePrivacy Directive and TTDSG, this data collection requires the user's consent.

Necessary measures for compliance

For a GDPR-compliant verification with reCaptcha, the following steps are required:

• Transparent information in the privacy policy
• Obtaining explicit user consent
• Observance of the principle of data minimization
• Examination of data protection-friendly alternatives

In 2023, the French data protection authority CNIL imposed a fine of 125,000 euros on Cityscoot for lack of user consent when using reCAPTCHA. This underlines the importance of GDPR compliance.

Companies should critically question the necessity of reCAPTCHA and consider more data protection-friendly alternatives such as hCaptcha or Friendly Captcha.

Consent requirement for reCAPTCHA

The use of Google reCAPTCHA requires a GDPR-compliant confirmation of the website visitor. Since the ECJ ruling of 01.10.2019 and the entry into force of the TDDDG on 01.12.2021, obtaining explicit user consent is essential.

A Data protection form or cookie banner must meet the following criteria:

• Voluntary nature of consent
• Specific information on data processing
• Clear presentation of the consequences
• Clear consent of the user

Without this consent, the use of reCAPTCHA is not GDPR-compliant. Tools such as CCM19 enable legally compliant integration by blocking reCAPTCHA and only loading it after user consent.

The correct implementation of a consent mechanism protects companies from potential fines and ensures compliance with GDPR guidelines when using reCAPTCHA.

Integration of reCAPTCHA into the privacy policy

The reCaptcha integration requires careful integration into the privacy policy. Companies must provide transparent information about the use of Google reCAPTCHA in order to strengthen user trust and ensure GDPR compliance.

Required information

A complete privacy policy for reCAPTCHA use includes:

• Purpose of data collection and processing
• Type of data collected
• Storage duration of the information
• Legal basis (Art. 6 para. 1 lit. f GDPR)
• Right of objection of the users

Transparency towards users

For the Data protection with reCAPTCHA Clarity is crucial. Users should be able to easily understand how their data is being used. An opt-in process is advisable: visitors must actively agree to the use of reCAPTCHA. A simple opt-out process is equally important.

To facilitate the integration of reCAPTCHA GDPR compliant the use of a Consent Management Provider (CMP) is recommended. This helps with the legally compliant management of consents and the correct presentation of the privacy policy.

Alternatives to Google reCAPTCHA

For companies looking for a more data protection-friendly Captcha alternative there are fortunately a few options. One of these is Friendly Captcha, which is characterized by its GDPR compliance. Unlike Google reCAPTCHA, Friendly Captcha does not store any personal data and operates within the EU.

Friendly Captcha uses blockchain technology to protect users' privacy. Pricing is flexible and ranges from free offers to paid plans of between €9 and €200 per month. This enables companies to find the right Bot protection for their needs.

The integration of captchas into websites varies depending on the provider. The integration of a JavaScript bundle or the insertion of code is often required. Various plugins are available for WordPress users that make implementation considerably easier.

Compared to Google reCAPTCHA, which collects data such as IP addresses, browser information and user behavior and transfers it to the USA, these alternatives offer improved data protection. They ensure that companies remain GDPR-compliant while ensuring effective bot protection.

Fines and legal consequences of violations

Non-compliance with the GDPR can have serious consequences for companies. A GDPR-compliant review is therefore essential to ensure the Online security and to avoid high penalties.

Possible penalties

Violations of the GDPR can result in severe fines. These can amount to up to 20 million euros or 4% of global annual turnover. The amount of the fine depends on the severity of the breach.

Case studies from practice

A few specific cases illustrate the seriousness of the situation:

• A scooter sharing provider had to pay a fine of 125,000 euros for violating Articles 5 and 28 of the GDPR.
• A credit protection organization was fined 440,000 euros for violating Article 5 of the GDPR.
• In the banking sector, a fine of EUR 30,000 was imposed for breaches of Articles 5, 33 and 34 of the GDPR.

These cases show how important a thorough GDPR-compliant review is. Companies should Online security to avoid costly penalties.

Implementation of reCAPTCHA: Best practices

reCaptcha integration requires careful planning to remain GDPR compliant. With the alarming increase in account takeovers by 354% in 2023, the use of CAPTCHAs is more important than ever. However, companies need to find the right balance between security and data protection.

For a GDPR-compliant confirmation companies should obtain explicit user consent and provide detailed information in the privacy policy. The implementation of a cookie consent tool and the application of the principle of data minimization are further decisive steps. Regular reviews of the reCaptcha integration and the associated processes help to remain compliant.

In view of the NIS2 directive, which will affect around 30,000 companies in Germany, secure reCaptcha integration is becoming even more important. Especially for operators of essential services and digital service providers, it is advisable to consider reCAPTCHA as part of a comprehensive cybersecurity strategy. This can help to minimize the impact of cyberattacks and protect the digital infrastructure.