Website owners love free tools. Whether it’s for visitor analytics, chat support, heatmaps, or A/B testing, there’s a tempting buffet of features available with just a few lines of script. But here’s the catch: many of these tools collect personal data from your visitors before consent is ever given. And that’s exactly what privacy regulators are focusing on in 2025.
GDPR Violations: What Privacy Regulators Are Targeting
The Dutch DPA (Autoriteit Persoonsgegevens) and the UK’s ICO are crystal clear: if your website collects data like IP addresses, device information, or user behavior without prior consent, you’re likely violating GDPR regulations. This is especially true if that data is being shared with third parties for analytics, marketing, or profiling purposes.
What Are the Risks of Non-Compliance?
Your privacy policy might promise the world, but if tools on your website are silently sharing user data on page load, you’ve already broken that promise.
Even without cookies, tools that share digital fingerprints (IP address, browser type, screen resolution, etc.) can count as personal data under GDPR. And if you haven’t configured them correctly, or you’re relying on “legitimate interest” without a proper assessment, you’re at risk for significant fines.
Website Privacy Audit: The Top 10 GDPR Violators We Found
At Nixon Digital, we run automated privacy audits for websites of all sizes. After scanning thousands of websites, these are the 10 most common third-party components we see setting cookies or collecting data before consent is obtained:
1. Google reCAPTCHA: Used for bot protection, but collects IP and browser data instantly upon page load
2. Hotjar: Heatmaps and session tracking activate immediately when the page loads, capturing user behavior
3. Facebook Pixel: Starts tracking user behavior unless fully controlled by a consent management platform
4. YouTube Embeds: Loads tracking cookies as soon as the iframe is inserted, even without user interaction
5. Google Maps Embeds: May collect location data immediately, before any user interaction occurs
6. Session Replay Tools (FullStory, Smartlook, Microsoft Clarity): Record complete user sessions including keystrokes and mouse movements without consent
7. TikTok Pixel: Extremely aggressive in background data collection from the moment the script loads
8. Live chat widgets (Intercom, Drift): Usually start tracking visitor behavior as soon as they’re visible on the site
9. A/B Testing Tools (Optimizely, VWO): Assign users to experiments and start logging performance data immediately
10. Social Sharing Buttons: Scripts from platforms like Facebook, LinkedIn, or X often start tracking on page load
“But I Need These Tools for My Business…”
That makes sense. These tools offer real value for website optimization and user experience. But free usually means you’re paying in another way: with the privacy of your visitors.
Many website owners unknowingly allow personal data to be shared with external parties. What starts as a convenient integration ends in a privacy law violation that could result in substantial fines.
How to Achieve GDPR Compliance: Practical Steps
Start by checking what actually happens when your website loads. Not what the developer said, not what the tool promises, but what happens in the browser when a visitor arrives.
With Nixon Pro or Nixon Platform, you can audit your website in seconds. The results are clear, visual, and easy to act on for marketers, compliance officers, and developers alike.
Get Your Free GDPR Compliance Audit
Use Nixon’s free website privacy audit to instantly scan your site and discover which tools are active before consent. It’s fast, transparent, and designed specifically for identifying GDPR compliance issues.
Need help with GDPR compliance? Nixon Digital specializes in website privacy audits and consent management solutions. Contact us for a comprehensive privacy assessment.
Frequently Asked Questions
What does “setting cookies before consent” mean?
Setting cookies before consent refers to when a website places cookies on a visitor’s device before they explicitly accept or reject them. This can occur with analytics, advertising, or tracking tools. While common, it can violate regulations like GDPR and ePrivacy Directive, which require prior consent for non-essential cookies. Understanding this behavior helps businesses remain compliant and transparent while balancing user experience with legal obligations in managing website tracking technologies.
Why is setting cookies before consent a privacy concern?
Setting cookies before consent can breach privacy laws, as it involves collecting data without user permission. Regulations like GDPR mandate that non-essential cookies, such as tracking or marketing cookies, must only be activated after a user opts in. Violating these rules can lead to fines and reputational damage. Identifying tools that set cookies prematurely allows businesses to fix compliance gaps and ensure a privacy-first approach that protects both customer trust and legal standing.
Which regulations apply to cookie consent practices?
Cookie consent practices are governed by laws such as the GDPR in the EU, the ePrivacy Directive, and similar regulations worldwide. These require websites to obtain informed, explicit consent before placing non-essential cookies on a user’s device. In some jurisdictions, clear opt-in mechanisms, granular consent options, and accessible cookie policies are mandatory. Non-compliance can result in fines, enforcement actions, and loss of customer trust, making proper consent management essential for all website operators.
How can I identify if a tool sets cookies before consent?
You can identify tools that set cookies before consent by using browser developer tools or privacy testing platforms. These allow you to monitor network activity and see which cookies load before a user accepts consent. Tools like Nixon Pro can also detect premature cookie placement. Regular audits are essential to ensure that all scripts follow compliance guidelines, keeping your website aligned with privacy regulations like GDPR and ePrivacy.
How can businesses stop cookies from being set before consent?
Businesses can prevent cookies from being set before consent by implementing proper consent management platforms (CMPs) and configuring scripts to load only after user approval. This involves placing tracking codes within consent triggers, conducting regular audits, and ensuring third-party tools follow compliance rules. Many CMPs also offer features to block scripts until permission is granted, helping websites maintain legal compliance, protect user privacy, and avoid penalties under data protection regulations.
