Austria’s data regulator has found that the use of Google Analytics is a breach of GDPR. In the absence of a new EU-US data deal, other countries may follow.
, don’t protect data held on people living outside the US as well as they do those living inside it. In short: It’s theoretically possible for US surveillance agencies to collect huge amounts of data that’s moved to the country.
At the moment, the decision applies only in Austria and isn’t final. Websites across Europe aren’t suddenly going to stop using Google Analytics. NetDoktor didn’t respond to a request for comment. “While this decision directly affects only one particular publisher and its specific circumstances, it may portend broader challenges,” says Kent Walker, Google’s senior vice president for global affairs and chief legal officer.
The Dutch data protection authority, Autoriteit Persoonsgegevens, says it is finalizing its investigation and hasn’t ruled out the possibility that the use of Google Analytics in its current form will be banned. In Germany, where data issues are regulated by region, Hamburg’s data protection authority received two complaints from noyb and says in one case the website has removed Google Analytics, so it “does not plan to issue any orders or a fine” in this case.
Companies are likely to look at the decision by the Austrian authority and potentially consider alternatives while they wait for further rulings from other national data bodies, says Guillaume Champeau, director of public affairs at cloud architecture platform Clever Cloud. “It could really help change the business landscape to make competition fairer in Europe,” he adds.
Negotiations have intensified in recent months and are a priority for both sides, says a European Commission spokesperson. There are red lines though: It is unlikely the commission would want a Privacy Shield successor to be defeated in court again. “Only an arrangement that is fully compliant with the requirements set by the EU court can deliver the stability and legal certainty stakeholders expect on both sides of the Atlantic,” the commission spokesperson says.
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