Privacy-first marketing: adapting to the end of third-party cookies
Privacy-first marketing: adapting to the end of third-party cookies
Third-party cookies, once essential for online tracking and advertising campaigns, are gradually disappearing. This change, driven by increasing concerns about privacy and strict regulations like the revised LPD in Switzerland, forces companies to rethink their digital strategies. Here are the key points to remember:
- Why these cookies are disappearing: Regulatory pressures and consumer expectations for more transparency.
- New approaches: Transition to first-party data (directly from customer interactions) and zero-party data (voluntarily shared information by users).
- Compliance in Switzerland: Compliance with laws like the LPD, LCD, and LTC, with fines of up to CHF 250,000 for non-compliance.
- Alternative solutions: Contextual advertising, cohort targeting, direct partnerships, and privacy-respecting analytics tools (e.g., Google Analytics 4).
Swiss companies must now prioritize privacy-focused strategies to meet consumer expectations and remain competitive in a rapidly changing digital environment.
#EP9: The End of Third-Party Cookies: What Alternatives for Your Campaigns?
Swiss Laws on Data Protection and Consumer Expectations
In Switzerland, a rigorous legal framework governs data protection, directly influencing companies' marketing practices. To succeed in this environment, it is crucial to understand not only the current laws but also the specific expectations of Swiss consumers regarding privacy. These requirements shape a digital marketing landscape where privacy is central.
Swiss Data Protection Laws for Marketing Specialists
The Federal Data Protection Act (LPD), revised to align with the GDPR, came into force on September 1, 2023. This revision allowed Switzerland to obtain, as of January 15, 2024, recognition by the European Commission of a level of data protection in line with GDPR criteria[1][2].
In addition to the LPD, companies must also comply with the Federal Act against Unfair Competition (LCD), which regulates direct marketing, and the Telecommunications Act (LTC), which governs the use of cookies[1]. These laws are based on fundamental principles such as transparency, a solid legal basis, purpose limitation, and data security[1].
User rights are significantly strengthened, giving them increased control over their personal data: access, modification, and use are now under their direct control[1]. This compliance is imperative to establish respectful and effective marketing strategies.
Even foreign companies targeting Swiss consumers must adhere to these rules[1]. The penalties for non-compliance are deterrent: the LPD provides for fines of up to CHF 250,000, while the LCD can result in imprisonment or fines for intentional violations[1][2].
In terms of direct electronic marketing, a system of prior consent (opt-in) is required, with exceptions for existing customers[1].
What Swiss Consumers Expect Regarding Privacy
The laws provide a strict framework, but Swiss consumers' expectations go even further. They place particular importance on transparency and control over their personal data, reflecting the values of discretion and respect for privacy deeply rooted in Swiss society.
This sensitivity translates into a strong demand for clear and explicit data collection practices. Swiss consumers prefer companies that use mechanisms of explicit consent, accompanied by simple interfaces that clearly explain what data is collected, why, and how it will be used.
The Federal Data Protection and Transparency Commissioner (PFPDT) plays an active role in investigating potential violations of the LPD[2]. This vigilance from authorities enhances consumer trust in the system and increases their expectations towards companies.
Companies that adopt proactive communication about their data protection practices stand out. Explaining privacy policies, offering detailed control options, and regularly informing about security measures are assets to gain the trust of Swiss consumers.
Finally, legislative developments continue to amplify these expectations. For example, the Information Security Act (LSI), adopted on December 18, 2020, and effective from January 1, 2024, introduces an obligation to report cyberattacks for critical infrastructures and public authorities from April 1, 2025[2]. This increased focus on cybersecurity further fuels consumer demands for data protection.
Building and Using First-Party and Zero-Party Data
With the disappearance of third-party cookies, companies in Switzerland must rethink how they collect data. First-party and zero-party data emerge as sustainable solutions that respect privacy while remaining compliant with local legal requirements. They enable effective personalization while meeting Swiss consumers' expectations for transparency. But what exactly do these two types of data mean? Let's take a closer look.
First-Party Data vs. Zero-Party Data: Definitions and Differences
First-party data are pieces of information collected directly from your customers, for example through their website navigation, purchases, interactions with your emails, or CRM data. These data belong to you and are collected with users' explicit consent.
Zero-party data, on the other hand, go a step further. These are pieces of information that your customers voluntarily choose to share with you. This can include their personal preferences, purchase intentions, or interests, often obtained through quizzes, surveys, or preference forms. These data are particularly valuable as they reflect an active engagement from the consumer.
In summary, first-party data require analysis to derive insights, while zero-party data provide a clear and direct view of customer expectations. This distinction aligns perfectly with Swiss values of privacy respect and informed consent.
Data Collection and Management Methods
To effectively collect first-party data, it is essential to optimize your digital touchpoints. Your website should include simple registration forms, personalized customer spaces, and tracking systems compliant with the LPD. For example, an internal tracking pixel can record browsing behaviors, provided users have given their consent.
For zero-party data, focus on interactive approaches that bring immediate value to users. Offer product-related quizzes, satisfaction surveys with rewards, or preference centers where customers can express their needs. These tools encourage voluntary engagement rather than passive collection.
Efficient technical management of this data is crucial. Your CRM should be able to centralize all first-party and zero-party information to create a unified customer profile. Using Customer Data Platforms (CDP) helps manage this data in real-time while respecting strict security and compliance standards in Switzerland.
Data quality is essential. Implement processes to validate, deduplicate, and regularly update your data. Outdated or incorrect information can hinder your personalization efforts and negatively impact the customer experience.
Comparison of First-Party and Zero-Party Data
| Criterion | First-Party Data | Zero-Party Data |
|---|---|---|
| Collection Source | Automatic interactions (site, CRM) | Voluntary and intentional sharing |
| Consent Type | Implicit via terms of use | Explicit and active |
| Insights Accuracy | Requires analysis | Directly actionable |
| Data Volume | Significant, continuous collection | Limited, depends on engagement |
| Collection Cost | Moderate, technical infrastructure | Higher, requires incentives |
| LPD Compliance | Good with appropriate consent | Excellent, maximum transparency |
| Personalization | Behavior-based | Preference-based |
| Data Lifespan | Long, automatic updates | Variable, requires refresh |
To make the most of your strategy, combine these two types of data. Use zero-party data to outline your personalization strategy, then fine-tune it with first-party data. This combined approach allows you to design marketing campaigns that are both effective and privacy-respecting.
Implementing Consent Management and Privacy-Respecting Analytics Tools
Once your data strategy is defined, it is essential to deploy the right technical tools to ensure compliance and protect users' privacy. In Switzerland, this relies on two key elements: transparent consent management and the use of analytics tools designed to respect privacy.
How Consent Management Platforms Work
Since the revised LPD came into effect on September 1, 2023, aligning with the GDPR[3], Consent Management Platforms (CMPs) have become essential. An effective CMP should provide:
- A clear and transparent interface to present, manage, and document user consent.
- A preference center allowing visitors to modify their choices at any time.
The LPD requires explicit consent for processing sensitive data, high-risk profiling, and data transfers to third countries without adequacy agreements[3].
Since July 31, 2024, Google has also extended its user consent policy from the EU to Switzerland. This requires companies using its services to obtain valid consent before activating advertising or analytics cookies[3]. Your CMP must be compatible with Google Tag Manager to manage tag triggers based on your visitors' preferences.
Transition to Privacy-Respecting Analytics Tools
Adopting analytics tools that prioritize privacy has become a necessity. Google Analytics 4 (GA4) is a notable example, with its event-based data model rather than session-based, reducing intrusive data collection.
Server-side tagging is another interesting solution: it moves tag execution from the browser to a dedicated server. This enhances data control while optimizing performance.
These privacy-focused tools focus on aggregated data, providing valuable insights while avoiding individual user identification.
Comparison Between Traditional and New Analytics Tools
| Criterion | Traditional Analytics | Privacy-First Solutions |
|---|---|---|
| Data Collection | Third-party cookies, cross-site tracking | First-party data, aggregated |
| Required Consent | Mandatory for non-essential cookies | Minimal or integrated depending on the tool |
| LPD/GDPR Compliance | Complex, advanced configuration | Designed to be compliant from the start |
| Data Accuracy | High but subject to blocking | Moderate but stable over time |
| Loading Time | Significant impact | Optimized with fewer third-party scripts |
| Data Control | Limited, platform dependency | Higher, locally hosted data |
| Implementation Cost | Moderate with mature solutions | Higher, requires technical expertise |
| Advanced Features | Very comprehensive (audiences, attribution) | Essential but in constant development |
| Marketing Integration | Excellent in advertising ecosystems | Less integrated, sometimes requiring third-party tools |
Adopting these tools does not mean sacrificing performance. On the contrary, it pushes you to rethink your analytical approach by prioritizing the quality of insights over mere data accumulation. Swiss companies that quickly adapt to this change strengthen their clients' trust while respecting new regulatory requirements. The goal is to choose solutions that fit your business and technical needs while ensuring a smooth transition to maintain the continuity of your analyses.
Contextual Advertising and Other Targeting Methods
With the gradual disappearance of third-party cookies, Swiss companies must rethink their advertising strategies. Fortunately, privacy-respecting alternatives allow maintaining campaign effectiveness while meeting consumer expectations and legal requirements.
What is Contextual Advertising?
Contextual advertising is based on the content the user is currently viewing, rather than their personal data or browsing history[4][5]. In other words, it analyzes