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Can I use third-party analytics tools on my website in Minnesota? What are the requirements?
Third-Party Analytics Tools on Websites in Minnesota
If you are planning to use third-party analytics tools on your website in Minnesota, you must comply with the state’s data privacy laws.
Under Minnesota Statutes, section 325M.01, et seq., also known as the Minnesota Consumer Privacy Act (MCPA), businesses that collect personal information from Minnesota residents must provide certain disclosures and obtain consent before collecting, selling, or sharing that information with third parties.
The MCPA defines “personal information” as any information that identifies, relates to, describes, or is capable of being associated with a particular individual, including but not limited to name, address, email address, and IP address.
Therefore, if your third-party analytics tool collects personal information from Minnesota residents, you must provide a clear and conspicuous notice at or before the point of collection that includes:
- The categories of personal information that will be collected
- The purposes for which the personal information will be used
- The categories of third parties with whom the personal information will be shared
- A description of the consumer’s rights under the MCPA
You must also obtain the consumer’s affirmative consent before collecting, selling, or sharing their personal information with third parties.
Additionally, if your website is directed to children under the age of 13, you must comply with the Children’s Online Privacy Protection Act (COPPA), which requires obtaining verifiable parental consent before collecting personal information from children.
It is important to note that these requirements may vary depending on the specific third-party analytics tool you are using and the type of personal information it collects. Therefore, it is recommended that you review the tool’s privacy policy and terms of service to ensure compliance with applicable laws and regulations.
Jurisdiction
Minnesota