Cookie-free CAPTCHA: why it matters and how to check

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Quick answer

A CAPTCHA that sets no cookies and stores nothing on the visitor’s device generally does not need a consent entry for that purpose, because the ePrivacy rule (in Germany § 25 TDDDG) is triggered by storing or reading information on the device. You can verify a widget yourself in the browser developer tools. This is general information, not legal advice: confirm your setup with your data protection officer.

Why cookies are the sticking point

Two rules apply to a CAPTCHA. The GDPR governs how personal data is processed. Separately, the ePrivacy Directive (in Germany § 25 TDDDG) requires consent for storing or reading information on a visitor’s device, unless it is strictly necessary for a service the visitor asked for.

A widget that sets a cookie, writes to local storage or reads a device fingerprint can therefore push you into consent management, and a consent banner that visitors can decline means the CAPTCHA may not load at all for them.

How to test any CAPTCHA widget in five minutes

  1. Open a page that uses the widget in a private window and open the browser developer tools.
  2. In Application (Chrome) or Storage (Firefox), check Cookies, Local Storage, Session Storage and IndexedDB before and after the widget loads.
  3. In the Network tab, list every domain the page contacts once the widget is active and note which ones are new.
  4. Read the provider’s documentation and data processing agreement for what the server stores, for how long, and in which country.
  5. Write down the result and give it to your data protection officer.

What to ask a provider

Questions for a cookie-free CAPTCHA provider
QuestionWhat a good answer looks like
Does the widget set cookies or use local storage?No, and it is confirmed in the documentation.
Does it fingerprint the device?No profile of the person is created; only signals needed to tell bots from humans.
Where is data processed?In the EU, with the country and the sub-processors named.
Is a data processing agreement available?Yes, public or sent before signup.

How BurgCaptcha handles it

BurgCaptcha checks the browser, not the person. A proof-of-work task runs in the background, the widget sets no cookies and saves no fingerprint, and hosting is in the EU on every plan.

Frequently asked questions

Do I need a cookie banner for a CAPTCHA?

Only if the CAPTCHA stores or reads information on the visitor’s device in a way that is not strictly necessary. A widget that sets no cookies and stores no identifier usually needs no consent entry for that purpose. Confirm with your data protection officer.

Is a cookie-free CAPTCHA automatically GDPR-compliant?

No. Avoiding cookies addresses the device-storage rule. You still need a legal basis, a data processing agreement and a view on where data is processed.

Which German law covers cookies?

§ 25 TDDDG, which implements the ePrivacy rule on storing and reading information on end devices. The GDPR applies to the personal data processing that follows.

Sources

See BurgCaptcha on your own forms.