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PECR and ePrivacy

The current tracker story for HitKeep is:

  • cookie-free by default
  • not storage-free

That difference matters for PECR and similar ePrivacy-style rules.

Section titled “Why “Cookie-Free” Is Not The Same As “PECR-Exempt””

The public tracker does not set analytics cookies by default.

But it does currently store a short-lived session identifier in browser sessionStorage to keep pageviews within one browser session tied together.

That matters because PECR-style rules are generally not limited to cookies. They also cover:

  • storing information on a device
  • accessing information from a device
  • similar technologies such as local storage or session storage

So the defensible current claim is:

  • HitKeep reduces consent and tracking surface compared with cookie-based analytics
  • but you still need to assess PECR / ePrivacy consent rules for the current tracker behavior

HitKeep improves the PECR picture compared with many analytics tools because:

  • no analytics cookies are set by default
  • the public tracker omits third-party ad-tech integrations
  • DNT is respected by default
  • dashboard auth cookies are limited to the logged-in app

The relevant PECR / ePrivacy question for HitKeep is not:

“Do we use cookies?”

It is:

“Are we storing or accessing information on the user’s device for analytics?”

For the current public tracker, the answer is yes because of sessionStorage.

That means:

  • you should document it in your cookie/privacy notice
  • you should assess whether consent is required in your jurisdiction
  • if consent is required, load hk.js only after consent

HitKeep also uses browser-side state for the logged-in dashboard, including:

  • HTTP-only session cookies for authentication
  • dashboard-side local storage or similar browser state for UI preferences and passkey UX hints

Those are a different category from the public analytics tracker. Authentication/session cookies for a logged-in service are often easier to justify as strictly necessary, but you should still disclose them clearly.

If you want the most defensible current position, treat HitKeep like this:

  1. Public tracker: cookie-free, but still subject to PECR / ePrivacy assessment because of sessionStorage
  2. Logged-in dashboard: uses service-related auth/session state that is usually easier to justify as strictly necessary
  3. Public claims: do not market the current tracker as automatically “banner-free” in all jurisdictions