Yet another EU country´s Data Protection Authority makes it official! Google Analytics is out!
The Danish Data Protection Authority has taken a closer look at the Google Analytics tool, its settings and the terms under which the tool is supplied. On the basis of this review, Denmark's Data Protection Authority, Datatilsynet has concluded that the tool is illegal and cannot be used lawfully without additional measures.
Datatilsynet has urged Danish companies to stop using Google Analytics and consider whether their potential continuing use of the tool is within the parameters of the EU General Data Protection Regulation (GDPR).
Data Protection Agencies (DPAs) are independent public agencies that oversee the implementation of data protection legislation through investigation and remedial powers. GDPR provisions are intended to safeguard European residents' privacy. This means, among other things, anyone should be able to access a website without worrying about their information falling into the wrong hands.
For Google Analytics users, the legal issue, which affects the entire EU and everyone around the world, revolves around user data being transferred to the US for processing by Google - an export of personal data that lacks adequate legal safeguards.
The Austrian Data Protection Authority made a ruling regarding the usage of Google Analytics back in January 2022. More rulings have since followed about the tool's usage, and not just by the Austrian DPA either. France's data protection watchdog, the CNIL, has also made judgments this year and in June they issued FAQs on "formal notices", which it delivered to numerous companies in France, requiring them to make their usage of Google Analytics legal. The Italian DPA most recently issued a ruling on the tool's usage in June 2022. In each of these situations, the supervisory authorities determined that using Google Analytics in the particular circumstances was illegal.
What to do if you're using Google Analytics
Datatilsynet could not provide much advice or measures on what to do if you are using Google Analytics. The best solution: stop using Google Analytics or you have to add reverse proxy and pseudonymization.
Adopt extra steps and put a plan in place in order to compliantly use Google Analytics.
If appropriate extra measures cannot be implemented, you must discontinue using the tool and find another product that does not abuse customer data and complies with the law.
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