Google Analytics violates GDPR law in France Published on Feb 16, 2022 by Iron Brands The French Data Protection Agency (CNIL) came out swinging last week: The use of Google Analytics is in conflict with GDPR regulation. In their press release, the CNIL concluded that transfers to the United States are not sufficiently regulated. Locate and network with fellow privacy professionals using this peer-to-peer directory. The first title to verify you meet stringent requirements for knowledge, skill, proficiency and ethics in privacy law, and one of the ABAs newest accredited specialties. On February 10, 2022, the French data protection authority (CNIL) published a press release stating that it had concluded its investigation into a French website operator's US data transfers through the use of Google Analytics.. However, in practice, this provides little to no additional guarantee against possible re-identification of data subjects, mainly due to the persistent processing of the IP address by Google. Learn the legal, operational and compliance requirements of the EU regulation and its global influence. Potential effective solutions according to CNIL Proxy server use, subject to conditions Before shamelessly plugging our solutions as the best solution, weve reviewed all the privacy-friendly alternatives and found four solutions you might want to check out. The IAPP is the largest and most comprehensive global information privacy community and resource. The days top stories from around the world, Where the real conversations in privacy happen, Original reporting and feature articles on the latest privacy developments, Alerts and legal analysis of legislative trends, A roundup of the top Canadian privacy news, A roundup of the top European data protection news, A roundup of the top privacy news from the Asia-Pacific region, A roundup of the top privacy news from Latin America. Review a filterable list of conferences, KnowledgeNets, LinkedIn Live broadcasts, networking events, web conferences and more. On February 10, the National Commission for Computing and Liberties (CNIL) sent a first formal notice to the manager of a website - who remains anonymous - because of his alleged illegal use of . However, they also stated that, with the information at hand, the use of Google Analytics is under no circumstances legal. However, as stated in the European Data Protection Committee's guidelines on these derogations, they can only be used for non-systematic transfers, and cannot constitute a long-term and permanent solution, as the use of a derogation cannot become the general rule. Indeed, organisations may be required by third country authorities to disclose personal data hosted on servers located in the European Union. Unlike GA, Kissmetrics approaches analytics at the user level, meaning that you'll be able to visualize the full customer journey and map every action on your site to a real user. Europes top experts predict the evolving landscape and give insights into best practices for your privacy programme. This way, there is no direct contact between the data exporter and Google, as the proxy server would act as an intermediary. Review upcoming IAPP conferences to see which need to be included in your schedule for the year ahead. Its crowdsourcing, with an exceptional crowd. Google proposed different solutions to address this. On this topic page, you can find the IAPPs collection of coverage, analysis and resources related to international data transfers. From the above, we can assume that fines will likely be stepping up. Foundations of Privacy and Data Protection, TOTAL: {[ getCartTotalCost() | currencyFilter ]}, CNIL issues compliance notices, Q&A for data transfers with Google Analytics, A view from Brussels: The upcoming IAPP Europe Data Protection Congress 2022, Report calls for ban on migrant GPS tagging, Royal Mail customers data leaked to other users, Former prime ministers phone compromised by foreign agents, IAPP web conferences: CPRA compliance lowdown. There is still no legal document, which will take a while to finalize. The IAPPs US State Privacy Legislation Tracker consists of proposed and enacted comprehensive state privacy bills from across the U.S. As Google LLC retains the possibility to access the data of individuals in the clear, such technical measures cannot be considered effective in this case (see the recommendations of the European Data Protection Committee on measures that supplement transfer tools, 85). Following these formal notices, many actors have sought to identify the technical settings and measures that can allow to maintain the use of Google Analytics while respecting the privacy of Internet users. All organisations in France whose use of Google Analytics was the subject of complaints by NOYB have now been ordered to comply. The use of a properly configured proxy can however be an operational solution to limit the risks to individuals. CNIL, February 10, 2022 As part of the order, the CNIL ordered the offending website to adhere to the GDPR by ceasing to utilize the Google Analytics functionality or by using an alternative website traffic monitoring tool that doesn't involve a transfer outside the EU and offering a one-month deadline to comply. The implementation of data encryption by Google has proven to be an insufficient technical measure as Google LLC itself encrypts the data and is obliged to grant access to or provide imported data in its possession, including the encryption keys necessary to make the data intelligible. The server carrying out the proxyfication must therefore implement a set of measures to limit the data transferred. The US legislation does not offer sufficient guarantees in the face of the risk of access by the authorities, particularly the intelligence services, to the personal data of European residents. In its judgement of June 27 2022, the Council of State confirms the 35 million euro penalty imposed by the CNIL on Amazon in 2020. > Website, cookies and other trackers [in French], > [FR] Questions-rponses sur les mises en demeure de la CNIL concernant lutilisation de Google Analytics, > Chapter V - Transfers of personal data to third countries or international organisations - GDPR - Eur-lex. All the complaints filled by the association NOYB that were referred to the CNIL were investigated in a coordinated manner: however, situations were examined on a case-by-case basis and according to the responses provided by the organisations. The last proposed option would be to ask for explicit consent from users for data transfers. Last month, the Austrian data protection authority fired the starting gun by issuing the most impactful post-Schrems II enforcement decision to date. In the order published on 10 February 2022 concerning one of these organisations, the CNIL considered that : One of the orders to comply relating to the use of Google Analytics was posted on the CNIL website on 16 February 2022, stripped of its elements allowing the identification of the organization. Use the Vendor Demo Center, Privacy Vendor List and Privacy Tech Vendor Report to easily identify privacy products and services to support your work. In order to harmonise decisions and provide legal certainty for stakeholders, the European authorities that received complaints from the association noyb (none of your business) on the subject of transfers by Google Analytics have organised themselves into a working group to examine jointly the legal issues raised in these cases and coordinate their positions and decisions. He noted there will be a lot of attention paid to reports that the EU and U.S. are nearing a replacement Privacy Shield agreement, and said many companies are sincerely hoping that this time around it will be "Schrems"-proof. Q&A on the CNIL's formal notices concerning the use of Google Analytics, Cookies: the Council of State confirms the 2020 sanction imposed by the CNIL against Amazon. The IAPP presents its sixth annual Privacy Tech Vendor Report. This issue, the IAPP lists 364 privacy technology vendors. The CNIL considers, in principle, that is necessary : The proxy server must also be hosted in conditions that ensure that the data it processes will not be transferred outside the European Union to a country that does not provide a level of protection substantially equivalent to that provided within the European Economic Area. Putting It Into Practice: The CNIL recommends that companies use Google Analytics with. Start taking advantage of the many IAPP member benefits today, See our list of high-profile corporate membersand find out why you should become one, too, Dont miss out for a minutecontinue accessing your benefits, Review current member benefits available to Australia and New Zealand members, France's data protection authority, the Commission nationale de l'informatique et des liberts, released a question-and-answer document related to an unidentified number of compliance notices issued to companies over data transfers carried out through Google Analytics. They have stated that there is no way for GA to be configured to satisfy Schrems II and no supplementary measures that can be taken to make GA compliant. Similar investigations are pending with other EU data protection authorities while companies and . As technology professionals take on greater privacy responsibilities, our updated certification is keeping pace with 50% new content covering the latest developments. A thunderclap for all French digital players: the use by a French company of Google Analytics, the tool of the American giant used by hundreds of millions of individuals and professionals, has been judged "illegal" by the National Commission for Computing and Liberties (Cnil). In addition, it stated that there are no circumstances under which this is not the case. France's data protection authority . Is it possible to continue to transfer data with the explicit consent of individuals? GA4 est une nouvelle proprit conue pour l'avenir de la mesure : Elle collecte les donnes des sites Web et des applications pour mieux comprendre le parcours client. The first title to verify you meet stringent requirements for knowledge, skill, proficiency and ethics in privacy law, and one of the ABAs newest accredited specialties. The CNIL considered that the obligation of clarity and intelligibility must be assessed in light of the nature of each processing operation and taking into account its concrete impact on data subjects. Founded in 2000, the IAPP is a not-for-profit organization that helps define, promote and improve the privacy profession globally. Furthermore, the use of of unique identifiers to differentiate individuals can make the data identifiable, especially when combined with other information such as browser and operating system metadata. The Q&A explains aspects of the notices, including the 30-day compliance period, and the CNIL's stance on lawful and unlawful uses of Google Analytics. The Commission nationale de l'informatique et des liberts (CNIL), has confirmed that Matomo can now be used to collect data without tracking consent. Google Analytics and data transfers: how to make your analytics tool compliant with the GDPR? The CNIL does leave open the door to continued use of Google Analytics but only with substantial changes that would ensure only "anonymous statistical data" gets transferred. Beyond the case of Google Analytics, this type of solution could also make it possible to reconcile the use of other analytics tools with the GDPR rules on data transfer. In August 2020, the non-governmental organization noyb filed 101 complaints with various European data protection authorities about websites using the audience analysis tool Google Analytics, whose parent company is located in the USA. In the meantime, Europcar Mobility Group Data Protection and Compliance Officer Aurlie Banck, CIPP/E, CIPM, FIP, noted organizations or websites using Google Analytics should pay attention to compliance. Alors que deux nouvelles entreprises franaises auraient t mises en demeure . Shadow Home Secr Join the IAPP Nov. 10 for a DataGrail-sponsored discussion to help your privacy program preparations concerning the California Privacy Rights Act, which takes affect Jan. 1, 2023. Full Story The first proposed solution was data encryption, where the key to decrypt the data should be in the hands of the data exporter (or a trusted third party based in the EU). These measures are provided for in the recommendations on complementary measures to transfers of the European Committee for the Protection of Human Rights and Fundamental Freedoms, Commission Nationale de l'Informatique et des Liberts, Cookies: closure of the injunction issued against FACEBOOK. The Italian data protection authority (GPDP) ruled against GA in June and announced investigations about the tool's use among both companies and public administrations. Learn the intricacies of Canadas distinctive federal/provincial/territorial data privacy governance systems. The French DPA: The CNIL's Google Analytics Decision The Commission Nationale de l'informatique et des Libertes (CNIL) is the French data protection authority. The IAPPS CIPP/E and CIPM are the ANSI/ISO-accredited, industry-recognized combination for GDPR readiness. So, if we have to fix the data transfer issue, select another service provider other than Google Analytics, she said adding, It seems to be difficult to use an American service provider.. In the absence of detailed reasoning, it is difficult for companies to analyze the services that they use and see whether they can be differentiated from the facts of these cases. In its decision, the CNIL said data collection and transfers to the United States using Google Analytics "are illegal," violating Article 44 of the GDPR. In view of the criteria mentioned above, one possible solution is the use of a proxy server to avoid any direct contact between the Internet user's terminal and the servers of the analytics tool (in this case Google). If you want to comment on this post, you need to login. If you want to comment on this post, you need to login. On 10 February 2022, the CNIL issued a formal notice to a website operator using Google Analytics cookies to comply with the GDPR and more specifically with the CJEU Schrems 2 ruling on the transfer of data to the US. The global standard for the go-to person for privacy laws, regulations and frameworks, The first and only privacy certification for professionals who manage day-to-day operations. The role and responsabilities of the CNIL are: to protect citizens and their data Start taking advantage of the many IAPP member benefits today, See our list of high-profile corporate membersand find out why you should become one, too, Dont miss out for a minutecontinue accessing your benefits, Review current member benefits available to Australia and New Zealand members. The implementation of the measures described below can be costly and complex and may not always meet the operational needs of professionals. This formal notice was made public on February 10. 13 June 2022 13 June 2022. The organisations ordered to comply had established standard contractual clauses with Google, which Google offers by default to users of this solution. This list includes tools that have already demonstrated to the CNIL that they can be configured to limit themselves to what is strictly necessary for the provision of the service, and thus not require the user's consent, in accordance with Article 82 of the French law on Data Protection. The CNIL has been entrusted with the general duty to inform people of the rights that the data protection legislation allows them. Add to your tech knowledge with deep training in privacy-enhancing technologies and how to deploy them. Europes top experts predict the evolving landscape and give insights into best practices for your privacy programme. However, they also stated that, with the information at hand, the use of Google Analytics is under no circumstances legal. According to the CNIL, a unique identifier, assigned to each visitor (and which the CNIL considers personal data), along with other user-related data, are transferred by Google to the United States. The fundamental problem that prevents these measures from addressing the issue of access of data by non-European authorities is that of direct contact, via an HTTPS connection, between the individual's terminal and servers managed by Google. By decision of 11 July 2022, the CNIL's restricted committee closed the injunction issued on 31 December 2021 against FACEBOOK IRELAND LIMITED, now META PLATFORMS IRELAND LIMITED. Subscribe to the Privacy List. The CNIL said transfers to the United States are currently not sufficiently regulated and the absence of an EU-U.S. adequacy decision presents a risk for French website users who use this service and whose data is exported. The authority noted additional measures taken by Google to regulate Google Analytics data transfers are not sufficient to exclude the accessibility of this data for US intelligence services., The CNIL said its investigation also extends to other tools used by sites that result in the transfer of data of European Internet users to the United States, adding, Corrective measures in this respect may be adopted in the near future.. The risks U.S. businesses face in Europe are escalating rapidly, while their workable compliance options plummet, Fennessy said. In the event of any inconsistency, please note that the French version shall prevail. A diplomatic solution cannot come quickly enough.. The FAQs further set out requirements that the CNIL expects all website operators in France to comply with when . The organisations given formal notice have a period of one month to comply and to justify this compliance to the CNIL. View our open calls and submission instructions. None of the additional safeguards presented to the CNIL in the context of the formal notice would prevent or render ineffective the access of US intelligence services to the personal data of European users when using the Google Analytics tool alone. If all of this seems subpar to you and you dont want to deal with GDPR hassle anymore, there are privacy-friendly alternatives to Google Analytics. Billions of emails are sent on a daily basis, and yet no one is seriously suggesting we shut down email communications. However, the proxy server will have to meet all the criteria applicable to supplementary . CNIL specifically claims that EU websites should make changes to their use of Google Analytics. The Italian privacy authority, the Garante, deemed that the use of Google Analytics results in unlawful transfers of personal data to the United States in violation of the principles outlined in the Schrems II ruling. Introductory training that builds organizations of professionals with working privacy knowledge. 224 of June 9, 2022, the Italian data protection authority found t Why was the order to comply published in an anonymised form? Understand Europes framework of laws, regulations and policies, most significantly the GDPR. Mostre seus conhecimentos na gesto do programa de privacidade e na legislao brasileira sobre privacidade. They also addressed that data encryption wont be sufficient as long a Google has the encryption keys, allowing them to access personal data if they want to. Anonymised data is no longer subject to the GDPR. On the heels of the Austrian Data Protection Authority's ruling that Google Analytics violates the EU GDPR, France's data protection authority, the Commission Nationale de l'informatique et des liberts (CNIL), reached a similar decision. This Q&A only covers the decisions of the CNIL concerning the use of Google Analytics following the invalidation of the Privacy Shield. To avoid these difficulties, it is also possible for professionals to use a solution that does not transfer personal data outside of the European Union. In a statement, the CNIL rules that an unnamed French website should not be allowed to use Google Analytics as it breaches Article 44 of the General Data Protection Regulation (GDPR). Weve written about it here and touched upon the fact that the deal has no legal merit. CNIL acknowledges the fact that the costs of such activity may be higher but it also states that this is the recommended way to ensure maximum protection. The explicit consent of the data subjects is one of the possible derogations provided for certain specific cases by Article 49 of the GDPR. The IAPP Job Board is the answer. > Use of Google Analytics and data transfers to the United States: the CNIL issues a formal notice to a website manager. The IAPP is the only place youll find a comprehensive body of resources, knowledge and experts to help you navigate the complex landscape of todays data-driven world. It may also be possible to use the proxy method which, when properly configured, allows only pseudonymised data to be sent to a server outside the EU. Map of the data protection around the world, recommendations of the European Data Protection Committee on measures that supplement transfer tools, 85, European Data Protection Committee's guidelines on these derogations, EDPS recommendations on essential safeguards, recommendations on complementary measures to transfers. Could encryption be a sufficient additional guarantee? So this might only work under exceptional circumstances. The IAPP's EU General Data Protection Regulation page collects the guidance, analysis, tools and resources you need to make sure you're meeting your obligations. The use of Google Analytics for data transfer to the US has been deemed a violation of European privacy law. The popular tool is widely used by websites to observe and measure user engagement. Google confirmed that the data is hosted on U.S. soil, and no change in the eyes of CNIL would prevent the data transfer of personal data. Google Analytics is a free or paid analytics service that can be integrated in a website in order to measure the number of internet visitors. We offer individual, corporate and group memberships, and all members have access to an extensive array of benefits. Que vous utilisiez un conteneur Google Tag Manager ou une balise Google Analytics (gtag.js ou analytics.js) sur les pages de votre site Web, la procdure est identique. cnil further rejected google's argument that google analytics data which is transferred by website operators is pseudonymised, holding that universally unique identifiers ('uuids'), insofar as they have the specific purpose of identifying users rather than serving as a protective guarantee, do not fit within the gdpr's definition of This data allows accurate tracking of users, in some cases across multiple devices. On this topic page, you can find the IAPPs collection of coverage, analysis and resources related to international data transfers. Pease International Tradeport, 75 Rochester Ave.Portsmouth, NH 03801 USA +1 603.427.9200. Founded in 2000, the IAPP is a not-for-profit organization that helps define, promote and improve the privacy profession globally. Privacy professionals are racing to assess, to comply, to enforce, and to find a more workable long-term solution for data transfers. on february 10, 2022, the french data protection authority (commission nationale de l'informatique et des liberts, or "cnil"), following analysis in cooperation with its european counterparts, concluded that the conditions under which data collected through google analytics and transferred to the united states violates the european union general In any case, and in accordance with the EDPB recommendations, it will be up to the data controllers to carry out an analysis on this point and to put in place the necessary measures in case they wish to use this type of solutions, as well as to verify the maintenance of these measures over time, according to the evolutions of the products. Even in the absence of transfer, the use of solutions offered by companies subject to non-European jurisdictions is likely to pose difficulties in terms of access to data. The Developer's Guide to GDPR provides a first approach to the main principles of GDPR and the different points of attention to consider when developing and deploying . Is it possible to set up Google Analytics to only transfer anonymous data to the US? > Google Analytics and data transfers: how to make your analytics tool compliant with the GDPR? Learn more today. Access all white papers published by the IAPP. Gain exclusive insights about the ever-changing data privacy landscape in ANZ and beyond. The decision was anonymised because it did not seem useful to name any particular website publisher, given that the tool is widely used. Develop the skills to design, build and operate a comprehensive data protection program. CNIL Update: Google Analytics is (still) illegal, Schrems II and the violation of Privacy Shield 1.0. Google Analytics 4, la rponse de Google la Cnil ? We are an independent team of two that care about privacy and believe the future of web analytics is cookieless by design. Another idea often put forward is the use of "encryption" of the identifier generated by Google Analytics, or replacing it with an identifier generated by the site operator. Certification des comptences du DPO fonde sur la lgislation et rglementation franaise et europenne, agre par la CNIL. > [FR] Google Analytics et transferts de donnes : comment mettre son outil de mesure daudience en conformit avec le RGPD . The IAPPS CIPP/E and CIPM are the ANSI/ISO-accredited, industry-recognized combination for GDPR readiness. CNIL further highlighted that, in the case of Google Analytics, Google encrypts the personal data in question itself and can access data in the clear, rendering such encryption insufficient to prevent US intelligence access. The worlds top privacy event returns to D.C. in 2023. Dcouvrez Google Analytics 4, la nouvelle gnration d'Analytics, qui collecte des donnes bases sur les vnements depuis les sites Web et les applications. Can controllers adopt a risk-based approach, taking into account the likelihood of data access requests? Indeed, these services, which are widely used in France, can allow the IP address to be cross-checked and thus trace the browsing history of the majority of Internet users on a large number of sites. Corrective measures in this respect may be adopted in the near future. However, this list does not currently consider the issues raised by international transfers, including the consequences of the "Schrems II" judgment. Finally, the joint use of Google Analytics with other Google services, particularly marketing services, can increase the risk of tracking. As a response, the DSB (Austrian data protection watchdog) and CNIL stated that the use of Google Analytics violates GDPR and that EU businesses that continue to use Google Analytics can be fined. Failure to comply with the French Data Protection Act However, simply changing the processing settings of the IP address is not sufficient to meet the requirements of the CJEU, especially as these continue to be transferred to the US. Austrian DSB: Use of Google Analytics violates "Schrems II" decision by CJEU. It was instead a political agreement. The resulting requests allow these servers to obtain the IP address of the Internet user as well as a lot of information about his terminal. In its response to the CNIL's requests, Google indicated that it had put in place additional legal, organisational and technical measures, which the CNIL however deemed insufficient to ensure the effective protection of the transferred personal data, in particular against requests for access to the data by US intelligence services. According to the GDPR, data transfers outside the EU are possible only if adequate safeguards can be used. In cases where such access is possible (and not only where such access is likely) and the safeguards surrounding the issuing of data access requests are not sufficient to ensure a level of data protection substantially equivalent to that guaranteed in the EU (see EDPS recommendations on essential safeguards), additional technical measures are needed to make such access impossible or ineffective. In the next stage of its analysis, the Austrian DPA also found that Google Analytics constitutes a transfer of data to the U.S. Then they also looked at the legality of that transfer and whether sufficient protection was in place when the transfer took place. Subscribe to the Privacy List. On 10 February 2022 the French data protection authority (" CNIL ") also confirmed that these . November is officially here, which means the IAPP Europe Data Protection Congress 2022 is just around the corner. The fact that there are no circumstances under which Google Analytics can be used legally makes for straightforward guidelines. Are there any standard contractual clauses and additional safeguards allowing the use of Google Analytics? The Dutch data protection authority has announced that a a similar decision can be expected. The EU-US Data Privacy Framework: A new era for data transfers? Let me also say how difficult it is for the entire IAPP team not to be able to welcome everyone who would have wanted to be there, A new report, Every Move You Make: the human cost of GPS tagging in the immigration system, calls for a ban on GPS tagging of migrants, calling it psychological torture, the Guardian reports. In this context, a unique identifier is assigned to each visitor. Locate and network with fellow privacy professionals using this peer-to-peer directory. Italy: Garante against Google Analytics (Fastweb) CNIL: Guidance on artificial intelligence (AI) systems Definition of age of minor by EU member state under data protection law the measures put in place by Google are not sufficient to exclude the possibility of access to data of European residents; the data of European Internet users is therefore illegally transferred through this tool. The CNIL's guidance suggests only very narrow possibilities for EU-based site owners to use Google's analytics tool legally either by applying additional encryption where keys are held .
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