!! Important !! Update from April 30, 2024:
According to the current announcement from Google, the same regulations as in the EEA and UK will apply in Switzerland from July 31, 2024.
For this reason, it is now required that all Swiss websites and online shops implement Consent Mode v2.
The announcement from Google:
Is Consent Mode v2 mandatory in Switzerland? Nope.
Here is the conclusion in brief for those of you who are lazy readers 😉
From 6. March 2024 Google Consent Mode v2 (CM v2) will be mandatory for all countries in the European Economic Area (EEA).
👍🏻 The good news: Switzerland is not part of the EEA (Source: European Economic Area EEA) .
👎🏻 The bad news: Liechtenstein (FL) is one of them.
For Swiss online shops and websites that target target groups in the EEA (including Liechtenstein): Yes, implementation is mandatory.
For everyone who only supplies Swiss and is targeting advertising: No, you don’t have to implement Consent Mode v2.
Most of our customers only deliver to CH and FL. The proportion of FL is very small. After March 6th, personalized advertising for target groups from the EEA (i.e. FL) can no longer be made using the Google advertising tools.
We recommend: Wait and observe the development of sales from FL. Evaluate after 2-4 weeks and check whether CM v2 is necessary.
(Not so) Fun fact: Our customers usually don’t use a cookie banner because it’s not necessary (see information about the nDSG in our blog post). So first a real cookie banner with a consent query etc. would have to be set up, tracking would have to be converted and and and…
So wait and see if you have to implement all of this 🤓 Unfortunately, good cookie consent fashion banner providers (great word) charge a fee… more on that below.
What is Consent Mode V2?
In November 2023, Google Consent Mode V2 was introduced to comply with the new requirements of the EU Digital Markets Act (DMA).
From March 6, 2024, companies like Google will have to adhere to certain rules, especially when it comes to personalized advertising.
Google Consent Mode is a feature that allows you to customize the behavior of Google tags on websites based on user consent.
With Consent Mode V2, the latest version of this feature, website operators can obtain user consent to use personal data for advertising purposes and send corresponding consent signals to Google .
The new version of Google Consent Mode divides Consent Mode into a “Basic” and an “Advanced” mode.
- In “Basic” mode, user data is only collected with consent. (new)
- The “Advanced” mode allows tracking without cookies by using non-personal data. (old previous Google Consent Mode v1)
The goal? The data collection should meet user wishes as well as improve data protection and data processing. And still enable all advertising customers to carry out accurate evaluations and performance analyses.
Is Consent Mode V2 now mandatory for Swiss online shops and websites?
First of all: At this link the official Google website with the recommendations and information.
Since Switzerland is not part of the European Economic Area (EEA), the question arises as to what Google Consent Mode v2 means for Switzerland > means at all.
Here too, Switzerland is once again in the gray area.
To be on the safe side, we contacted Google to get an answer to this question. Google made us aware in advance that they do not provide legal advice (of course we can’t do that either):
«The changes with regard to the Digital Markets Act are only aimed at users from the EEA. However, this is not only aimed at data collection, but also at the targeting and personalization of advertising materials. So if a company based in Switzerland wants to target users (via audiences or remarketing) who are in the EU, then Consent Mode v2 is also needed. In other words, if you can completely exclude users from the EEA from accessing your CH website, you don’t need CM 2.0.”
If it can be ruled out that users from the EEA are accessing the website of a Swiss company or these users do not belong to the company’s target group, Consent Mode v2 is not required.
ATTENTION: Liechtenstein (FL) is part of the EEA and is affected by the regulations.
What we as an agency recommend to our customers is ➜ Wait and see.
It is best to observe the development after the changeover on March 6th and check whether the cost/sales ratio (KUR) or other factors from FL change negatively. If there are significant changes, we will provide our recommendation for the next measures in the next section.
As always:
If you want to be on the safe side, you should seek the advice of a lawyer or data protection expert.
This ensures that the right decision is made and the online shop respectively. the website is operated in accordance with applicable laws.
Do you still want to implement Google's Consent Mode v2? Take a certified partner!
Have you decided that your Swiss online shop or website needs Google’s Consent Mode?
We recommend working with a certified platform for consent management.
This ensures that the consent methods comply with legal requirements and that implementation runs smoothly. The error rate is therefore significantly lower.
We can recommend the following tools:
- We recommend usercentrics to our Shopware customers because it covers more complex website structures. And many Shopware plugins support usercentrics.
- We have had excellent experiences with compliance with our WordPress customers. The setup wizard makes it very easy to set everything up compliantly.
Other Google-certified Consent Mode Partners can be found at this link .
Conclusion
Google Consent Mode V2 represents an important innovation to meet the requirements of European law for digital markets.
It is crucial for online shops and website operators from Switzerland to understand the impact on their web presence and to react appropriately.
Although there is some uncertainty regarding the application of Consent Mode V2 for Swiss companies, it is advisable to closely monitor developments and seek legal advice if necessary.
Working with certified consent management partners makes implementation easier and ensures compliance with legal requirements.
