Speed tests with a cookie wall

TL;DR

The following speed tests have a cookie wall. That is, they don't give you a free choice to accept or reject cookies. These speed tests are: Bandwidth Place, M-Lab, N Perf and SpeedOf.me.

Contents

1. Introduction
2. Method of measurement
3. Speed tests to test
4. The measurements
5. Conclusions

Introduction

User consent is one of the six legal bases outlined in Article 6 of the GDPR. At the page What are the GDPR consent requirements? you will find some requirements regarding consent. In summary, the following must apply to consent:

1. Consent must be freely given
2. Consent must be specific
3. Consent must be informed
4. Consent must be unambiguous
5. Consent can be revoked

Cookie wall

Consent must be given freely, which means (...) you cannot require consent to data processing as a condition of using the service. They need to be able to say no (...)

When it comes to the fact that the user can only accept cookies in practice, the term 'Cookie wall' is used in practice.

This test examines which speed tests use a Cookie wall.

Method of measurement

For this test we visit the speed test homepage and investigate whether it is possible to use the speed test without accepting cookies. In addition, it is checked whether cookies are still not placed after refusing cookies. We therefore look at the number and type of cookies that are placed before and after refusing cookies similar to the method mentioned in the Counting cookies test.

Speed tests to test

All speed tests that has an information banner or a cookie banner are tested.

The measurements

1. Bandwidth Place does function if cookies are refused, although there is a warning that not all features of this app may operate properly. The following 7 cookies are placed additionally after refusal: gdpr-config-version, euconsent-v2, cconsent-v2, gdpr-last-interaction, gdpr-dau, __eoi and bwpHistory
2. Bredbandskollen does function if cookies are refused. The following cookie is placed additionally after refusal: OptanonAlertBoxClosed
3. Broadband Speed Checker does function if cookies are refused. The following 2 cookies are placed additionally after refusal: snconsent and euconsent-v2
4. M-Lab does not function if you don't agree with the data policy
5. Meter.net does function if cookies are refused. The following 2 cookies are placed additionally after refusal: euconsent-v2 and addtl_consent
6. N Perf does not function if you don't give consent
7. Ookla Speedtest does function if cookies are refused. The following 5 cookies are placed additionally after refusal: OptanonAlertBoxClosed, eupubconsent-v2, OptanonConsent, zdconsent and __eoi
8. Open Speed Test does function if cookies are refused. The following cookie is placed additionally after refusal: FCCDCF
9. SpeedCheck does function if cookies are refused. The following 2 cookies are placed additionally after refusal: euconsent-v2 and addtl_consent
10. SpeedOf.me does not function if you don't accept the use of specific cookies
11. TestMy.net does function if cookies are refused. The following cookie is placed additionally after refusal: FCCDCF. After running a test there is again a cookiebanner, when we refuse cookies for the second time, the cookies euconsent-v2 and addtl_consent are placed
12. Toast does function if cookies are refused. The following cookie is placed additionally after refusal: FCCDCF
13. Which Broadband Speed Test does function if cookies are refused. The following cookie is placed additionally after refusal: OptanonAlertBoxClosed
14. Xfinity xFi Speed Test does function if cookies are refused. The following 3 cookies are placed additionally after refusal: __privaci_cookie_consent_uuid, __privaci_cookie_consent_generated and __privaci_cookie_consents

Some examples

Below, you see some examples of information and cookie banners.

At first it appears that Bandwidth Place offers a free consent option to accept or reject cookies. However, the above warning refutes this. We consider this warning as a cookie wall.

N Perf allows you to start a test without accepting the cookies, however the above error message is shown. N Perf can't close the test without accepting the cookies.

Conclusions

The following speed tests have a cookie wall. That is, they don't give you a free choice to accept or reject cookies. These speed tests are:

1. Bandwidth Place
2. M-Lab
3. N Perf
4. SpeedOf.me

All speed tests places a few (1 to 7) cookies after rejecting cookies.