Google reCAPTCHA: From Data Controller to Data Processor

Google has made a significant change to the way it handles personal data collected through its reCAPTCHA service. Previously, Google acted as an independent data controller for the data collected when users interacted with reCAPTCHA on your website. Now, Google has reclassified itself as a data processor, meaning that you — the website operator — are the sole data controller for all personal data processed through reCAPTCHA. This shift has important implications for GDPR compliance and requires concrete action from every organisation using the service.

Understanding the Controller vs Processor Distinction

Under the GDPR, a data controller determines the purposes and means of processing personal data. A data processor processes data on behalf of the controller, following the controller's instructions. The distinction matters because controllers bear the primary responsibility for compliance, including ensuring lawful processing, fulfilling data subject rights, maintaining transparency and managing processors appropriately.

When Google acted as a data controller for reCAPTCHA data, it independently determined how to use the collected data — including potentially using it for its own purposes such as improving services or security research. Under the new arrangement, Google processes reCAPTCHA data solely on your behalf and according to your instructions, which fundamentally changes the compliance landscape.

What Data Does reCAPTCHA Collect?

reCAPTCHA collects a substantial amount of data from website visitors to distinguish humans from bots. This includes:

• IP addresses: The visitor's full IP address
• Cookies: reCAPTCHA sets cookies on the user's browser, including tracking cookies that persist across sessions
• Browser and device information: User agent, screen resolution, browser plugins, language settings and timezone
• Mouse movements and click patterns: Behavioural data analysing how the user interacts with the page
• Keystroke dynamics: Timing and patterns of keyboard input
• Referrer URL: The page the user visited before arriving at your site
• Google account data: If the user is logged into a Google account, additional data may be linked

Much of this data constitutes personal data under the GDPR, particularly IP addresses and cookie identifiers which can identify or single out individual users.

What Has Changed in Practice

Under the previous arrangement, website operators could argue that Google bore co-responsibility for the reCAPTCHA data it processed as a controller. With Google now acting as a processor, the full weight of compliance falls on your organisation:

1. You are solely responsible for the lawful basis: You must establish and document a valid legal basis under Article 6 GDPR for all data processing that occurs through reCAPTCHA
2. You must provide full transparency: Your privacy notice must clearly inform users about reCAPTCHA data processing, including the types of data collected, purposes and retention periods
3. You need a Data Processing Agreement (DPA): Article 28 GDPR requires a written contract between controller and processor with specific mandatory clauses
4. You are accountable for data transfers: If reCAPTCHA data is transferred outside the EEA (which it typically is, to Google's US servers), you must ensure appropriate transfer safeguards are in place

Establishing a Lawful Basis

The lawful basis for reCAPTCHA processing is one of the most debated compliance questions. The two most commonly considered bases are:

Legitimate Interest (Article 6(1)(f))

You may argue that protecting your website from bots, spam and abuse constitutes a legitimate interest. However, this requires a documented Legitimate Interest Assessment (LIA) that balances your interest against the rights and freedoms of data subjects. Given the extensive data collection and the use of tracking cookies, this balance is not straightforward. Several European data protection authorities have questioned whether legitimate interest is sufficient for reCAPTCHA, particularly given the availability of less privacy-invasive alternatives.

Consent (Article 6(1)(a))

Obtaining explicit, informed consent before loading reCAPTCHA is the safest approach from a compliance perspective. This means reCAPTCHA must not load until the user has given consent through your cookie consent mechanism. However, this creates a practical challenge: if reCAPTCHA does not load until consent is given, your forms are unprotected against bot abuse for users who decline consent.

The trend across European regulatory guidance, particularly from German and Austrian data protection authorities, increasingly favours consent as the appropriate lawful basis for reCAPTCHA due to the nature and volume of data collected.

Updating Your Privacy Notice

Your privacy notice must now explicitly address reCAPTCHA processing. Include the following information:

• That your website uses Google reCAPTCHA and the specific version (v2 or v3)
• The purpose of the processing (bot protection, fraud prevention)
• The categories of personal data collected (IP address, cookies, behavioural data, device information)
• That Google acts as a data processor on your behalf
• The lawful basis relied upon (consent or legitimate interest with LIA reference)
• Data retention periods
• That data may be transferred to the United States and the safeguards in place (EU-US Data Privacy Framework, SCCs)
• How users can exercise their data subject rights in relation to this processing

Our Data Protection Manager helps you maintain comprehensive, up-to-date privacy notices that cover all your processing activities including third-party services like reCAPTCHA.

Executing a Data Processing Agreement

As Google now acts as your processor, you need a DPA that meets the requirements of Article 28 GDPR. Google provides its standard Data Processing Addendum (DPA) which covers Google Cloud and Workspace services, and reCAPTCHA may fall under Google's general terms depending on how it is integrated. Review Google's current terms carefully to ensure:

• The DPA specifically covers reCAPTCHA processing
• It includes all mandatory Article 28 clauses (processing only on documented instructions, confidentiality obligations, security measures, sub-processor management, deletion or return of data, audit rights)
• Sub-processor arrangements are transparent and you receive notification of changes
• International data transfer mechanisms are adequate

If Google's standard terms do not adequately cover reCAPTCHA processing, you may need to seek clarification or consider supplementary contractual arrangements.

Managing International Data Transfers

reCAPTCHA data is typically processed on Google's infrastructure, which includes servers in the United States. Under the GDPR, transferring personal data outside the EEA requires appropriate safeguards. Currently, the EU-US Data Privacy Framework provides an adequacy mechanism for certified US organisations, and Google is a participant. However, you should:

• Verify that Google's DPF certification covers reCAPTCHA data processing
• Document this transfer mechanism in your Records of Processing Activities (ROPA)
• Monitor the status of the DPF, as adequacy decisions can be challenged or revoked
• Consider whether supplementary measures (such as Standard Contractual Clauses as a fallback) are prudent

For guidance on managing cross-border data transfers, see our article on international data transfer mechanisms.

Cookie Consent Integration

reCAPTCHA sets cookies that require consent under the ePrivacy Directive (implemented in most EU member states). Your cookie consent management platform (CMP) must:

• List reCAPTCHA cookies in the appropriate category (typically "functional" or "security" if you rely on legitimate interest, or a consent-required category)
• Block reCAPTCHA scripts from loading until consent is obtained (if consent is your lawful basis)
• Provide clear information about what the reCAPTCHA cookies do and how long they persist
• Allow users to withdraw consent and ensure reCAPTCHA cookies are removed when consent is withdrawn

Conducting a DPIA

Given the volume and nature of data processing involved in reCAPTCHA (behavioural profiling, large-scale monitoring of website visitors, international data transfers), consider whether a Data Protection Impact Assessment (DPIA) is required under Article 35 GDPR. A DPIA is mandatory when processing is likely to result in a high risk to individuals' rights and freedoms. Even if not strictly mandatory, conducting a DPIA demonstrates accountability and helps identify and mitigate privacy risks. Our Data Protection Manager provides structured DPIA templates to streamline this process.

Practical Steps Checklist

1. Review and document the lawful basis for reCAPTCHA data processing (conduct a LIA or implement consent)
2. Update your privacy notice to include reCAPTCHA processing details
3. Ensure a valid DPA with Google covers reCAPTCHA processing
4. Update your cookie consent mechanism to address reCAPTCHA cookies
5. Document the international data transfer mechanism and safeguards
6. Update your Records of Processing Activities (ROPA)
7. Conduct or update a DPIA if appropriate
8. Brief your Data Protection Officer on the change and its implications
9. Consider privacy-friendly alternatives if the compliance burden outweighs the benefits

Considering Alternatives

Given the compliance complexity of reCAPTCHA, some organisations are evaluating alternatives that collect less personal data or process data entirely within the EEA. Options include hCaptcha (which offers a privacy-focused approach), Cloudflare Turnstile (which claims to operate without collecting personal data), honeypot techniques (invisible to users, no personal data required) and server-side rate limiting. Each alternative has trade-offs in terms of bot detection effectiveness, user experience and implementation effort, but they may significantly reduce your data protection compliance burden.

Conclusion

Google's reclassification from data controller to data processor for reCAPTCHA is not merely a contractual technicality — it shifts significant compliance responsibility onto website operators. Every organisation using reCAPTCHA should review its legal basis, update its privacy documentation, ensure proper contractual arrangements and consider whether the compliance investment is justified. Working with an experienced Data Protection Officer or compliance consultant ensures that your reCAPTCHA implementation meets current regulatory expectations and protects both your organisation and your users.