Jean-Etienne Juthier. In these decisions, the CNIL considered that the use of Google Analytics led, as it stood, to insufficiently regulated transfers to the United States. CNIL - Google Analytics considered illegal in Europe, but there are alternative solutions On February 10, 2022, the CNIL ( Commission Nationale de l'Informatique et des Liberts) has just posted an article announcing Google Analytics as potentially illegal in Europe due to the non-transparent transfer of user data to the United States. The current situation with Google Analytics has been kicked off by the Schrems II ruling that invalidated the privacy shield 1.0. CNIL Update: Google Analytics is (still) illegal Corrective measures in this respect may be adopted in the near future. 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. in a dataset with indirectly identifying data (alias, sequential number, etc.). Access all reports and surveys published by the IAPP. why the CNIL considers Google Analytics illegal - Archyde It added: "Concerning the audience measurement and analysis services of a website, the CNIL recommends that these tools be used only to produce anonymous statistical data, thus allowing an exemption from consent if the data controller ensures that there are no illegal . 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. La Cnil ne le dit pas autrement : "Si Google a adopt des mesures supplmentaires pour encadrer les transferts de donnes dans le cadre de la fonctionnalit Google Analytics, celles-ci ne . Google Analytics 4, la rponse de Google la Cnil - journal du net Europes top experts predict the evolving landscape and give insights into best practices for your privacy programme. 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.. To protect personal data, support innovation, preserve individual liberties. CNIL judges use of Google Analytics illegal | privacy-ticker.com 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. They should therefore turn to a provider offering sufficient guarantees of compliance. In practice, such transfers may now only take place if additional technical, legal and organisational safeguards are put in place by organisations to prevent these accesses. Talk privacy and network with local members at IAPP KnowledgeNet Chapter meetings, taking place worldwide. Referral to the CNIL concerning the use of Google Analytics - InterHop According to the French data protection agency, the main conclusion from the Q&A session is that Google Analytics is still illegal. 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). 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. The IAPP Job Board is the answer. The ruling by Austria's Data Protection Authority against data flows associated with Google Analytics signaled the need for organizations to dig in on finding a long-term solution for facilitating transfers. More high-profile speakers, hot topics and networking opportunities to connect professionals from all over the globe. 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. The organisations ordered to comply had established standard contractual clauses with Google, which Google offers by default to users of this solution. The IAPPS CIPP/E and CIPM are the ANSI/ISO-accredited, industry-recognized combination for GDPR readiness. The CNIL ordered an unidentified French website manager to bring its processing into compliance with the GDPR within one month and stop using the service under current conditions, if necessary. The CNIL has been entrusted with the general duty to inform people of the rights that the data protection legislation allows them. Talk privacy and network with local members at IAPP KnowledgeNet Chapter meetings, taking place worldwide. The CNIL ordered an unidentified French website manager to bring its processing into compliance with the GDPR within one month and stop using the service under current conditions, if necessary. Looking for a new challenge, or need to hire your next privacy pro? The respondent could not rely on other transfer mechanisms under Chapter V. of the GDPR. November is officially here, which means the IAPP Europe Data Protection Congress 2022 is just around the corner. But at this point, Fieldfisher Partner Phil Lee, CIPP/E, CIPM, FIP, said it feels as if the situation is becoming somewhat farcical. He said, it seems bizarre that data protection authorities are concerned about the transfer of analytics data when there is much more sensitive information flowing back and forth across the Atlantic, and around the world. 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. CNIL's Decision on the Use of Google Analytics and Recommended On this topic page, you can find the IAPPs collection of coverage, analysis and resources related to international data transfers. 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. Locate and network with fellow privacy professionals using this peer-to-peer directory. All data controllers using Google Analytics in a similar way to these organisations should now consider this use as unlawful under the GDPR. 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. According to the Berlin Data Protection Office, if you're collecting and sending data to third-party services (like Google Analytics) who use data "for own purpose uses" in Berlin, you now need to ask for specific consent from visitors in order to collect that information. Difference between anonymisation and pseudonymisation. Alors que deux nouvelles entreprises franaises auraient t mises en demeure . Austrian DSB: EU-US data transfers to Google Analytics illegal - NOYB Learn the legal, operational and compliance requirements of the EU regulation and its global influence. To give some perspective, Privacy Shield 1.0 was declared invalid in July 2020. France demands firm stop using Google Analytics over US intelligence Is it possible to continue to transfer data with the explicit consent of individuals? In the long run we either need proper protections in the US, or we will end up with separate products for the US and the EU, Schrems said in a written statement. UPDATE: CNIL decides EU-US data transfer to Google Analytics illegal - NOYB 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. 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. Pease International Tradeport, 75 Rochester Ave.Portsmouth, NH 03801 USA +1 603.427.9200. Introductory training that builds organizations of professionals with working privacy knowledge. Is the usage of Google Analytics within the EU illegal from now on Have ideas? 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. How does the CNIL conduct its investigations? Customers reported seeing the orders, order history and customer details of other users due to what the Royal Mail described as a technical problem. The U.K. Information Commissi Former U.K. Prime Minister Liz Trusss personal cellphone was compromised by suspected foreign agents when she was serving as foreign secretary, Daily Mail reports. 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. According to the GDPR, data transfers outside the EU are possible only if adequate safeguards can be used. Austrian DSB: Use of Google Analytics violates "Schrems II" decision by CJEU. 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. 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. If you want to comment on this post, you need to login. 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 decision was anonymised because it did not seem useful to name any particular website publisher, given that the tool is widely used. NOYBs Max Schrems, who believes other authorities will decide similarly to the French and Austrian DPAs, agreed. 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. These standard contractual clauses alone cannot provide a sufficient level of protection in the event of a request for access from foreign authorities, in particular if such access is provided for by local laws. 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. Why was the order to comply published in an anonymised form? The IAPPs US State Privacy Legislation Tracker consists of proposed and enacted comprehensive state privacy bills from across the U.S. 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. Develop the skills to design, build and operate a comprehensive data protection program. The CNIL received several complaints from . In addition, CNIL notes that Google is offering more solutions that track IP addresses, meaning these services allow IP addresses to be cross-checked and thus trace the users browsing history. Subscribe to the Privacy List. Google Analytics and data transfers: how to make your - CNIL 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 . 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. 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. On 13 January 2022, the Austrian Data Protection Authority ("DSB") ruled that the use of Google Analytics ("GA") and the resulting export of personal data to the United States ("US") violates the GDPR's data export requirements.On 10 February 2022 the French data protection authority ("CNIL") also confirmed that these personal data transfers to the US are a violation of the GDPR. Review upcoming IAPP conferences to see which need to be included in your schedule for the year ahead. Kissmetrics is a product and marketing analytics tool that you can consider as an alternative for Google Analytics. On 10 February 2022 the French data protection authority (" CNIL ") also confirmed that these . View our open calls and submission instructions. However, it must be ensured that the server meets a number of criteria to be able to consider that this additional measure is in line with what is foreseen by the EDPS in its recommendations of 18 June 2021. Use Of Google Analytics By EU Websites Violates GDPR - Mondaq 224 of June 9, 2022, the Italian data protection authority found t What about other services, she said. However, this is not a viable fix as it would be a horror to request this to every visitor on every visit. French Regulator Rules Google Analytics Illegal - Forbes In addition, it stated that there are no circumstances under which this is not the case. CNIL has ruled that Google Analytics' use is against the GDPR - LinkedIn The French CNIL in cooperation with other European counterparts has declared that Google Analytics' transfers of EU dataprotected under the GDPRto the United States are in breach of the GDPR and has ordered a French website manager to comply with the regulation and, if necessary, to stop using Google Analytics under the "current conditions it provides" [] Google Analytics lets you measure your advertising ROI as well as track your Flash, video, and social networking sites and applications. Google Analytics and data transfers: how to make your analytics tool compliant with the GDPR? Do organisations have a deadline for compliance? 13 June 2022 13 June 2022. 06 January 2022 On December 31, 2021, the CNIL fined GOOGLE a total of 150 million euros (90 million euros for GOOGLE LLC and 60 million euros for GOOGLE IRELAND LIMITED) because users of google.fr and youtube.com can't refuse or accept cookies as easily. 2022 International Association of Privacy Professionals.All rights reserved. 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. 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. The French DPA: The CNIL's Google Analytics Decision - Clarip This French decision suggests that other EU DPAs may also disagree with Google's current position. This is because it had violated Article 44, which prohibits data transfers . 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. In the context of the investigation, Google indicated that it uses pseudonymisation measures, but not anonymisation. 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 2022 - Google Analytics: the CNIL explains its formal notices It took until February 2022 for the DSB & CNIL to take proactive enforcement. France's CNIL warns over illegal use of Google Analytics - TechCrunch Since then, the U.S and the EU have announced a political agreement that would replace the invalidated privacy shield. However, it must be ensured that this server fulfils a set of criteria in order to be able to consider that this additional measure is in line with what is presented by the EDPB in his recommendations of 18 June 2021. So why so much excitement about transfers of analytics data?, With regulatory incongruities, Lee said, its difficult to dispel the notion that there is a certain level of EU protectionism at play against U.S. tech companies.. The CNIL has issued other orders to comply to website operators using Google Analytics. Since February, CNIL has examined the use of Google Analytics by European organizations. France's data protection authority . 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. A years worth of messages were accessed, including sensitive discussions with senior international foreign ministers. Meanwhile, France's CNIL released an undisclosed number of compliance notices to companies over data transfers carried out through Google Analytics, granting a 30-day compliance period. This is an option for both Matomo Cloud and On-Premise versions. The CNIL cookie decision and DSB Google Analytics decision > Alternatives to third-party cookies: what are the consequences for consent? French privacy regulator rules against use of Google Analytics Provisional measure gives Brazil's ANPD independency. Concentrated learning, sharing, and networking with all sessions delivered in parallel tracks one in French, the other in English. 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. 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. However, they also stated that, with the information at hand, the use of Google Analytics is under no circumstances legal. 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. 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. Introductory training that builds organizations of professionals with working privacy knowledge. 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. Understand Europes framework of laws, regulations and policies, most significantly the GDPR. 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). This identifier (which constitutes personal data) and the associated data are transferred by Google to the United States. Founded in 2000, the IAPP is a not-for-profit organization that helps define, promote and improve the privacy profession globally. The CNIL and DSB decisions on Google Analytics: How publishers can 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. A diplomatic solution cannot come quickly enough.. The organisations given formal notice have a period of one month to comply and to justify this compliance to the CNIL. The server carrying out the proxyfication must therefore implement a set of measures to limit the data transferred. Now, the agency has issued an FAQ that attempts to put across its findings in an easy-to-grasp manner. Commission Nationale de l'Informatique et des Liberts, Cookies: closure of the injunction issued against FACEBOOK. This way, the data of EU citizens are protected from being handed to the U.S. intelligence service. 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. Furthermore, it is not clear from the evidence provided by Google whether this anonymisation takes place prior to the transfer to the USA. IAPP members can get up-to-date information here on the California Consumer Privacy Act and the California Privacy Rights Act. CNIL finds Google Analytics in breach of GDPR 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. The Court of Justice of the European Union (CJEU), in its ruling of 16 July 2020, invalidated the Privacy Shield, a mechanism that provided a framework for transfers of personal data between the European Union and the United States. 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. Another alternative would be the use of a proxy server. It is therefore necessary, beyond the simple absence of a request from the user's terminal to the servers of the analytics tool, to ensure that all of the information transmitted does not in any way allow the person to be re-identified, even when considering the considerable means available to the authorities likely to carry out such re-identification. 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. CNIL specifically claims that EU websites should make changes to their use of Google Analytics. Google Analytics is a popular tool used by websites to track and gather insights about traffic. If you want to comment on this post, you need to login. This one-month period may be renewed at the request of the organisations concerned, if the CNIL so agrees. Learn the legal, operational and compliance requirements of the EU regulation and its global influence. CNIL concludes that data transfers to the US through the use of Google Google Analytics dclar illgal par la Cnil : ce n'est que le dbut > Use of Google Analytics and data transfers to the United States: the CNIL issues a formal notice to a website manager. Following this ruling, the CNIL received several complaints from the NOYB association, questioning the use by French companies of analytics tool Google Analytics, published in the United States. These were all thrown out of the window by CNIL. In a groundbreaking decision, the Austrian Data Protection Authority ("Datenschutzbehrde" or "DSB") has decided on a model case by noyb that the continuous use of Google Analytics violates the GDPR.This is the first decision on the 101 model complaints filed by noyb in the wake of the so-called "Schrems II" decision. If the EDPB admits in its recommendations of 18 June 2021 that using pseudonymisation can be an additional measure, its use is subject to an analysis to ensure that the set of information transmitted does not in any way allow for the re-identification of the individual, even taking into account the substantial means available to the authorities that may wish to carry out such re-identification. Steer a course through the interconnected web of federal and state laws governing U.S. data privacy. This is an issue which is above our collective paygrades and is in the hands of the European Commission and the U.S. State Department to find a satisfactory solution for redress, hopefully soon, she said. The IAPP is the largest and most comprehensive global information privacy community and resource. The 10 February 2022, the CNIL, which was cooperating with its European counterparts, has issued and order to comply to several organizations using Google Analytics because of illegal transfers of data to the United States. Download Here. 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. This information may realistically allow the user to be re-identified and, consequently, to access his or her browsing on all sites using Google Analytics. In the article at hand, we break down the statements made by CNIL during the Q&A session. Recent GDPR rulings have targeted Google Analytics in particular for insufficient data protection. Is this interpretation of the consequences of the "Schrems II" ruling by the CNIL shared at the European level? The FAQs further set out requirements that the CNIL expects all website operators in France to comply with when . Google proposed different solutions to address this. How to ensure that audience measurement tools do not transfer data to a third country that is not adequate? Indeed, organisations may be required by third country authorities to disclose personal data hosted on servers located in the European Union. Learn the legal, operational and compliance requirements of the rights that the data protection (. Fellow privacy professionals using this peer-to-peer directory rights Act across the U.S this use as unlawful under the,... As unlawful under the GDPR france to comply with when if the CNIL issued... 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To comment on this post, you need to hire your next privacy pro and most comprehensive information... Shield 1.0 was declared invalid in July 2020 organisations should now consider use. But not anonymisation GDPR, data transfers requirements that the CNIL has examined the use of Google Analytics has entrusted... ) also confirmed that these not rely on other transfer mechanisms under Chapter V. of the rights the. Iapps US state privacy bills from across the U.S proposed and enacted comprehensive state privacy legislation Tracker consists proposed... Insights about traffic orders to comply with when of messages were accessed, including sensitive discussions with senior foreign... Measurement tools do not transfer data to a provider offering sufficient guarantees of compliance organizations professionals. 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