reCAPTCHA & Data Privacy: Is it GDPR compliant?

What is reCAPTCHA and how does it work?

reCAPTCHA is a Google service that runs in the background of websites to determine whether visitors are humans or computer programs.

Captchas are used to prevent machines, computer programs, or malicious software from interacting with registrations, comment sections, or forms. You may have encountered them in the past as distorted sequences of letters and numbers or mosaic images.

Google has since advanced its reCAPTCHA tool to the point where it either runs completely invisibly in the background (reCAPTCHA v3) or simply requires you as a user to check a box to confirm that you are not a robot.

This invisible reCAPTCHA v3 simulation no longer verifies the humanity of its users through tests, but rather through behavioral analysis. There is usually no indication that your browsing behavior is being monitored and evaluated—sometimes there is just a small captcha logo at the edge of the screen. This issue will be mitigated by the new data processing agreement starting in April 2026, but it will not be fully resolved.  

What data does reCAPTCHA collect?

Captchas calculate the probability that a website user is a human. To do this, user behavior is analyzed and added up to create a captcha score.

Specifically, this includes behavior such as:

• Previously installed Google cookies
• Past browser interactions
• Number of mouse movements and keystrokes
• Time spent on websites

The following personal data is forwarded to Google for evaluation:

• IP address of the website visitor
• Date
• A full screenshot of the browser window
• Referrer URL (the address of the page from which visitors arrive)
• Browser plugins
• Information about the operating system (Windows, Linux, iOS)
• Cookies, such as other Google cookies from the last 6 months, as well as NID cookies, which are suitable for creating user profiles
• User device settings (e.g., language settings, location, browser, etc.

All personal data is protected under the GDPR. Therefore, there must be a legal basis for such data collection.

What is changing as of April 2, 2026?

Google is responding to increasing regulatory pressure and will process reCAPTCHA data in the future as part of a data processing agreement in accordance with Art. 28 GDPR.

In concrete terms, this means:

✅ Website operators = controllers within the meaning of the GDPR
✅ Google = processor acting under instruction
✅ Google may use the data exclusively for bot detection
✅ Legal basis: Google Cloud Data Processing Addendum

Source: This assessment is based on the analysis by Dr. Thomas Schwenke.

What are the improvements?

The contractual restructuring refutes the primary allegation that Google can use user data without instruction. Consequently, the data protection risk associated with using reCAPTCHA has generally decreased.

Is reCAPTCHA now GDPR-compliant?

According to Dr. Schwenke's assessment, reCAPTCHA can now be used based on legitimate interests for bot protection, including the necessary access to end-user devices.

Arguments for legitimate interest:

• The tool protects the website from bot attacks and overflowing spam folders
• Contractual purpose limitation through data processing agreements
• More effective bot detection than simpler alternatives

Arguments against legitimate interest / remaining risks:

Despite these improvements, three key risk areas remain:

1. Necessity & Privacy by Design (Art. 25 GDPR)

The Austrian Federal Administrative Court ruled that the use of a bot check involving cookies is not necessary and is inadmissible without consent (Decision W298 2274626-1However, the decision is criticized for being too technically restrictive, as reCAPTCHA is considered more effective. While Article 25 of the GDPR requires data-protection-friendly solutions, it also takes into account functionality, security, effectiveness, technical feasibility, and costs.

2. US Data Transfer

Google is a US company, so the general risk associated with using US services remains. This risk is currently considered an "operational business risk" for almost all US providers. If this leeway did not exist, the use of services like Microsoft Office would also not be possible.

3. Lack of Data Transparency

Google does not provide a complete overview of the data processed. Privacy policies must therefore be based on the information regarding technical implementation – with a certain degree of residual uncertainty.

Conclusion: The change significantly reduces the risk, but does not eliminate it entirely.

What specific steps do you need to take now?

If you use Google reCAPTCHA, you should have implemented the following measures by April 2, 2026, at the latest:

Checklist: Using reCAPTCHA in compliance with the GDPR

✅ Update your Record of Processing Activities (ROPA)

• Include reCAPTCHA as a data processing activity
• List Google as a data processor

✅ Update your privacy policy

• Describe Google as a data processor (not as a controller)
• Purpose: Bot detection and protection against abuse
• Legal basis: Art. 6 (1) (f) GDPR (legitimate interest)
• Recipient category: Google Ireland Limited (data processor)
• Third-country transfer: USA (based on standard contractual clauses)

✅ Ensure DPA basis

• The legal basis is the Google Cloud Data Processing Addendum
• Automatically valid when using Google Cloud services

✅ Remove manual notices

• Delete references to Google's privacy policy in connection with reCAPTCHA
• Delete references to Google's terms of service in connection with reCAPTCHA
• You are now responsible for providing privacy information regarding reCAPTCHA yourself

✅ Document legitimate interest

• Conduct and document a balancing of interests
• Protection against bot attacks, spam, and abuse as a legitimate interest

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Google reCAPTCHA & Data Privacy: Are there better alternatives?

Even though reCAPTCHA will be on a more secure legal footing from April 2026, risks remain. For companies with high compliance requirements, more privacy-friendly alternatives are recommended:

Friendly Captcha

With Friendly Captcha an individual "crypto puzzle" is created for each user, which the browser solves in the background while the user fills out a form. No tracking or cookies are used here. In addition, the open source code is viewable and customizable by anyone.  

Advantages: 

• No cookies
• EU servers (Germany)
• GDPR-compliant without risks
• Open source

Disadvantage:

• Involves costs and programming effort.

HCaptcha

HCaptcha works similarly to reCaptcha from Google, but differs in terms of data protection. In accordance with the principle of data minimization established in the GDPR, only the data that the company states is truly necessary for the captcha to function and detect bots is collected. Furthermore, personal data is separated from captcha data and deleted.

Disadvantage: The associated company is based in the USA, where data transfer is only possible under strict conditions since the Privacy Shield was invalidated.

Honeypot

The Honeypot creates an invisible window specifically for bots that human users cannot see. Bots immediately begin filling it out, thereby failing the humanity test. The honeypot method is easy to implement and can also be used in combination with other captcha techniques.

Counterargument: There are now advanced bots capable of bypassing honeypot technology. 

What should you keep in mind when using reCAPTCHA?

As a website operator, you are responsible for the legality of the captcha variant you choose.

From April 2026, its use will be more legally secure. Nevertheless, you should consider the following points:

• Create transparency: Inform your users about the use of the tool in your privacy policy.
• Update your record of processing activities and privacy policy by April 2, 2026.
• Document your legitimate interest in bot protection.
• Follow the principle of data minimization and collect only what is strictly necessary.
• Play it safe: Use a European alternative like Friendly Captcha.

Consent via cookie banner is not strictly required when used as data processing based on legitimate interests – but it remains the safest option from a legal standpoint.

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Conclusion: reCAPTCHA usable from 2026 – alternatives remain recommended

According to data protection experts, Google reCAPTCHA can be used for bot protection starting April 2, 2026, based on legitimate interests (Art. 6 (1) (f) GDPR). Switching to data processing significantly reduces the data protection risk.

Remaining risks: US data transfers, necessity assessments, and a lack of data transparency mean that its use is still not entirely risk-free.

We recommend using alternative applications such as Friendly Captcha, ensuring your website remains both GDPR-compliant and protected from bot attacks. We are happy to help you find a suitable alternative so that your online presence is legally secure.