What’s the Problem?

To Paraphrase an old saying, ‘When a product is free, the chances are you’re the product’. This is often the case when it comes to a software products like Facebook, Instagram etc…. It turns out that Microsoft Clarity is unfortunately no different.

To those who aren’t familiar with Microsoft Clarity, it’s a behaviour tool that collects valuable information about how visitors navigate your website, analysing such things as session recordings, heatmapping and provides many useful insights and metrics that will help you optimise your website. It is an incredibly valuable tool which Fabric Analytics endorses due to it’s amazing capability and its cost… (Free!) There is one thing to be aware of, it doesn’t exactly provide ‘clarity’ on how it uses your websites data. (Apologies for the clarity puns but it’s too easy)

What information was being collected?

Now I’m not going to get all George Orwell, 1984 on you but it’s a bit creepy. So technically, Microsoft Clarity doesn’t collect any Personally Identifiable Information but it does collect enough to be able to track the customer geographically as well as understand what browser, device and operating system they are using. In theory it could be used to identify a customer or at the very least track their online activity. Unlikely, but worth considering.

It does this by dropping Bing Cookies on to the users’ browser , which unless set up to work with your cookie management platform won’t be compliant. Potentially dropping as soon as the consumer is on the website before they’ve even had chance to make a choice on cookie consent.

What does this mean for you?

So first of all you have the obvious compliance issues that can leave you legally exposed but there is also you reputation to consider. Even seemingly minor issues can escalate if perceived as significant, potentially exposing your brand to –  

• Unconsented Data Collection: Your website visitors’ behavior data being sent to Microsoft without their or your explicit approval.
• Risk of Legal Penalties:
  Non compliance with Consent Mode V2 could result in hefty fines. With the ICO tightening regulations on transparency and data collection practices, the stakes are set to get even higher.
• Data Sharing Concerns:
  Bing cookies may transmit user data for Microsoft’s advertising ecosystem, which could involve processing beyond your control, further complicating compliance.
• Erosion of Trust: Allowing this unapproved tracking can harm your brand’s reputation, especially in an age where data privacy is paramount.

What Can You Do About It?

As mentioned, we love Microsoft Clarity as a tool. It’s free of charge and its insights can be invaluable so we would never want to discourage anyone from using it. Here’s what you need to do –

1. Integrate a Consent Management Platform (CMP):
   • Implement a robust CMP to block all cookies, including Bing cookies, until users explicitly opt in.
2. Update privacy policy
   • Update privacy policy with Microsoft Clarity clearly listed

Take Control of Your Compliance

Navigating the complexities of data privacy laws can be challenging, but you don’t have to do it alone. At Fabric, we specialise in ensuring your analytics setup is compliant while delivering valuable insights.

Get in touch today to book a GA4 and compliance audit and safeguard your data practices.