Cookieless Attribution


The term “cookieless attribution” has become a buzzword that many marketers are eager to embrace. With increasing privacy regulations and the phasing out of third-party cookies, the industry is scrambling to find alternative methods for tracking user behavior and attributing conversions. However, the notion that cookieless attribution exists in a vacuum, free from legal obligations, is a myth that needs debunking.

The Eprivacy Directive: A Brief Overview

The Eprivacy Directive, often referred to as the “Cookie Law,” is a European legislative act that serves as a companion to the GDPR (General Data Protection Regulation). It specifically focuses on the confidentiality of electronic communications and regulates various forms of online tracking, including cookies, device fingerprinting, and User-ID-based tracking. The directive requires explicit user consent before deploying any tracking technologies. Failure to comply can result in hefty fines and legal consequences.

The Illusion of Cookieless Attribution

The term “cookieless attribution” has been marketed as a solution to the impending death of third-party cookies. However, this term is misleading for several reasons:

  1. User-ID-Based Tracking: Even if you’re not using cookies, you’re likely using some form of User-ID-based tracking. This method also falls under the purview of the Eprivacy Directive. User IDs can be generated in various ways, such as through login credentials or device IDs, and they serve the same purpose as cookies: to identify and track users across sessions and platforms.
  2. Consent Requirement: The Eprivacy Directive clearly states that any form of tracking technology, whether it uses cookies or not, requires explicit user consent. This means that even if you’ve shifted to a cookieless model, you must still legally obtain user consent before tracking their activities.

Why User-ID-Based Tracking Isn’t a Loophole

The misconception that User-ID-based tracking is a loophole to bypass legal requirements is not only incorrect but also risky. Here’s why:

  1. Data Collection: User-ID-based tracking still collects personal data. This data is subject to privacy laws, whether it’s IP addresses, device information, or browsing behavior. Ignoring these laws can result in severe penalties.
  2. User Identification: The primary function of User-ID based tracking is to identify users across different sessions and platforms. This is a form of personal data collection and is, therefore, subject to the exact legal requirements as cookie-based tracking.
  3. Legal Precedence: There have been instances where companies have faced legal repercussions for using User-ID-based tracking without proper user consent. These cases serve as a warning that the law applies to all forms of tracking, not just cookies.

The Importance of User Consent

User consent is not just a checkbox to tick off; it’s a cornerstone of ethical digital marketing. Here’s why:

  1. Transparency: Being upfront about how you’re tracking users and for what purpose builds trust. Trust is a valuable asset in any long-term customer relationship.
  2. Legal Compliance: Obtaining user consent ensures that you’re in compliance with privacy laws, thereby reducing the risk of legal complications.
  3. User Experience: When users know they have control over their data, they’re more likely to engage with your platform, improving overall user experience.

The Future: Privacy-First Analytics

The industry is gradually shifting towards a more privacy-focused approach, and marketers need to adapt accordingly. Here’s how:

  1. Privacy-First Tools: New analytics tools are emerging that prioritize user privacy while still providing valuable insights. These tools often use aggregated data and advanced algorithms to measure user behavior without infringing on privacy.
  2. Ethical Marketing: The future of marketing lies in strategies that respect user privacy while still delivering effective campaigns. This balance is achievable through privacy-first analytics.


The concept of cookieless attribution is not a free pass to ignore privacy laws. Whether you’re using cookies or User-ID based tracking, the Eprivacy Directive mandates that you must obtain user consent. As marketers, it’s our responsibility to respect user privacy while delivering effective campaigns.