Is Google reCAPTCHA GDPR-compliant? What website owners need to check

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Quick answer

Whether reCAPTCHA is GDPR-compliant depends on your setup, and there is no blanket yes. Three questions decide it: does the widget store or read information on the visitor’s device (consent under § 25 TDDDG / ePrivacy), is personal data transferred outside the EU, and do you have a valid legal basis and data processing agreement. Many website owners avoid the question by using a cookie-free, EU-hosted alternative. This is general information, not legal advice.

Why is reCAPTCHA a data protection question at all?

reCAPTCHA is operated by Google. When you embed it, the visitor’s browser loads a script from a Google domain and sends information about the request and the browser to Google so that it can judge whether the visitor is a bot.

That raises two separate legal questions: the GDPR for the personal data processed, and the ePrivacy rule (in Germany § 25 TDDDG) for anything stored on or read from the visitor’s device.

The three questions to answer

Legal questions for any third-party CAPTCHA
QuestionWhy it mattersWhat to check
Does the widget store or read information on the device?Under § 25 TDDDG, this generally needs consent unless it is strictly necessary for a service the visitor requested.Use browser developer tools to list cookies and local storage before and after the widget loads.
Is personal data sent outside the EU?Transfers need a valid mechanism under Chapter V of the GDPR.Read the provider’s data processing terms: which entity, which country, which transfer mechanism.
Do you have a legal basis and a DPA?Art. 6 GDPR requires a basis (often legitimate interest for security) and Art. 28 a processing agreement.Document the basis, sign the agreement, and name the provider in your privacy policy.

What does this mean in practice?

Many German data protection authorities and legal advisers treat embedding a third-party widget that reads or writes information on the device as requiring consent. If you take that view, the CAPTCHA must be blocked until a visitor accepts, which means visitors who decline cannot use the form.

You can run a consent banner and load reCAPTCHA only after consent, or you can choose a CAPTCHA that does not store anything on the device and is processed in the EU. Which route is right is a decision for you and your data protection officer.

Checklist for a privacy-friendly alternative

  • No cookies, no local storage and no fingerprint stored on the device, confirmed in the documentation and in your own test.
  • Processing in the EU, with the hosting country and sub-processors named.
  • A data processing agreement available before sign-up.
  • No profile of the visitor, only the signals needed to tell bots from people.
  • No puzzle that locks out people who use assistive technology (WCAG 2.2, 3.3.8).
  • An API that matches what you already use, so switching is cheap.

Where BurgCaptcha fits

BurgCaptcha runs a proof-of-work task in the browser, sets no cookies and is hosted in Germany on every plan. Its API answers in the reCAPTCHA response format, so replacing reCAPTCHA means changing a script URL, a site key and a secret.

There is a free plan for up to 1,000 requests a month. Please confirm your own setup with your data protection officer.

Frequently asked questions

Is reCAPTCHA illegal in the EU?

No. It is not banned, but using it lawfully requires a legal basis, a data processing agreement, a valid transfer mechanism for data leaving the EU and, where it stores or reads information on the device, consent. Check your setup with your data protection officer.

Do I need a cookie banner for reCAPTCHA?

Many authorities and advisers say yes, because the widget interacts with the visitor’s device. A CAPTCHA that stores nothing on the device usually avoids that consent entry.

Is a CAPTCHA a legitimate interest under GDPR?

Securing a website against abuse can be a legitimate interest under Art. 6(1)(f) GDPR, but that covers the personal data processing only. It does not replace consent where the ePrivacy rule on device storage applies.

What is a GDPR-friendly reCAPTCHA alternative?

One that sets no cookies, processes data in the EU, offers a data processing agreement and does not build visitor profiles. BurgCaptcha is built to that checklist.

Sources

See BurgCaptcha on your own forms.