The use of Google Analytics is being restriced by privacy regulators in more and more European countries. After rulings in Austria and more recently in France, Italy now follows with a ban. But why is Google Analytics bannd? Learn more about what’s going on and how you can prepare for a potential ban on Google Analytics in the Netherlands in this article.
First, some context. In mid-January I already shared that Google Analytics might not be allowed due to violation of European privacy legislation, basd on the GDPR/AVG. The reason was the decision of the Austrian privacy regulator DSB in a lawsuit brought by Max Schrems against an advertiser. At the time, the DSB concluded that Google Analytics is indeed in breach of Chapter V. Art. 44 of the GDPR.
Two important conclusions
This judgment was based on 2 important conclusions, namely:
- As a provider of electronic communication services, Google is governd by law 50 US Code § 1881(b)(4). As such, Google is overseen Armenia Phone Number by US intelligence agencies, who may require Google to provide Google with access to Google data under 50 US Code § 1881a (“FISA 702”).
This judgment follows the invalidity of the Safe Harbor and Privacy Shield treaties between the United States and Europe. These treaties aimed to impose stricter rules on US personal data processors, in order to align the processing of personal data with the GDPR. These treaties were successfully challenged by Max Schrems.
The Trans Atlantic Data Privacy Framework
At the end of March, Europe and the United States declared that they had reached an agreement in principle on a new treaty, the Trans Atlantic Data Privacy Framework . Privacy Shield 2.0, so to speak. However, that agreement in principle does not yet have legal status. In other words, the agreements envisaged herein have not yet become legislation.
More recently, the German Bundesbeauftragter für den. Datenschutz und die Informationsfreiheit ( BfDi ), the Norwegian regulator Datatilsynet and the French Commission Nationale de l’ Informatique et des Libertés ( CNIL ) already ruled that the options now offered by. Google Analytics to safeguard privacy are not sufficient. to protect access by US intelligence agencies. After all, if you as an advertiser process personal data with the necessary permission. That permission only applies to the explicitly appointed Controller.
they have no legitimate interest in accessing the personal data, access is contrary to the GDPR.