The use of Google Analytics is being restricted 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 banned? 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, based on the GDPR/AVG. The reason was the decision of the Austrian privacy regulato. DSB in a lawsuit brought by Max against an advertiser. At the time, the DSB concluded that Google Analytics is indeed in breach of Chapter V.
In The Netherlands, The Dutch Data Protection Authority
As a provider of electronic communication services, Google is governed by law 50 US Code § 1881(b)(4). As such, Google is overseen by US intelligence agencies, who may require. Google to provide Google with access to Google data under 50 US Code § 1881a (“FISA 702”).
The measures taken (by the advertiser) in addition to the. Standard Contractual Clauses (SCC) have been assessed as insufficient, because they do not exclude the possibility of monitoring and accessing data by the. American intelligence services.
This judgment follows the invalidity of the Safe Harbor and Bahamas Phone Number 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 .
Is Forming Its Opinion. The Investigation Based On Complaints
Both the French and Italian privacy regulators have now given the indicted companies 60 and 90 days respectively to comply with privacy legislation. The Italian GPDP goes one step further. It states that all public and private website owners in Italy who use Google Analytics should eventually stop using Google Analytics. NB: the opinion of the Italian privacy regulator is based on a case where a company used the outdated version of Google Analytics ‘Universal Analytics’. In principle, the ruling therefore does not relate to the new platform Google Analytics 4, which offers many more privacy controls.