The short answer:
No.
The long answer is where most teams get tripped up.
In this article, we’ll break down:
- Why local storage and server-side tracking still require consent
- The myths surrounding consent banners
- How to legally maximise your data collection
- Real-world strategies to increase opt-in rates
The Big Misunderstanding: It's Not About Cookies - It's About Consent
Too many companies fixate on where the data is stored:
- First-party cookies
- Third-party cookies
- Local storage
- IndexedDB
- Server logs
But regulators don’t care where you store it. They care why you collect it.
Under laws like GDPR and ePrivacy (and equivalents in many countries), consent is required for:
- Analytics tracking
- Marketing personalisation
- Behavioural profiling
- Retargeting
If your processing falls into one of those categories, you need explicit, informed consent before collecting data, no matter what storage method you use.
Does Server-Side Tracking Bypass Consent Requirements?
No.
Server-side tracking is incredibly powerful for:
- Data accuracy
- Ad blocker resilience
- Controlling outbound data flows
- Improving data governance
But it doesn’t exempt you from consent requirements.
If you're collecting personal data for analytics or marketing purposes, and that data requires user consent, moving the collection server-side doesn't remove your legal obligations. The processing purpose is still the same.
Server-side helps you stabilise data. It doesn’t magically make consent optional.
Is Local Storage Exempt from Cookie Laws?
Another myth.
Yes, local storage is technically not a cookie. But the ePrivacy Directive (and equivalents) often cover any technology used to store or access information on a user’s device.
That includes:
- Local storage
- Session storage
- IndexedDB
- Fingerprinting techniques
If you're using any of these to collect identifiers or behavioural data that require consent, you're still obligated to obtain consent first.
So How Can You Collect More Data (Legally)?
Here’s the part most teams overlook:
Maximising data collection starts with better consent design, not with technical workarounds.
1️⃣ Make Your Consent Banner Work For You
Instead of treating consent as a legal hurdle, treat it as part of your UX.
- Explain the benefits of data sharing.
- Show how analytics and personalisation improve their experience.
- Use simple, friendly language.
- Avoid overwhelming users with complex legal text.
👉 Example:
"We use this data to show you better product recommendations, personalise offers, and speed up your shopping experience."
2️⃣ Use Value-Exchange Incentives
One of the most underused tactics:
Give users a reason to say yes.
- Free shipping for consenting users
- Early access to sales
- Loyalty points
- Fast-track support or service perks
Consent doesn’t have to feel like a loss for the user. When done ethically, this creates a win-win.
3️⃣ Respect Non-Consent, Still Optimise
Not everyone will opt in. That’s fine. Build your analytics stack to:
- Use Consent Mode (Google’s framework)
- Anonymise non-consented sessions
- Run UX tests that don’t rely on individual tracking
- Collect meaningful aggregate data
The Bottom Line
You cannot bypass consent by simply moving your data collection server-side or using alternative storage mechanisms. Laws are based on purpose, not technology.
But if you’re willing to invest in better consent design, clearer messaging, and value-driven incentives, you can dramatically increase your opt-in rates while staying fully compliant.
If optimising your consent strategy is something you want help with, drop us a message.
