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Max Schrems, the lawyer who successfully sued Facebook for privacy violations against European citizens, has scored another victory, this time against Google: In a landmark court ruling, Austria's data protection authority has found that Google Analytics is illegal to use on European websites.
When the Privacy Shield legislation was invalidated in 2020, this had far-reaching consequences for US online services operating in Europe: They were no longer allowed to transfer data of European citizens to the US as this would make data of European citizens vulnerable to American mass surveillance - a clear violation of the European GDPR.
However, the Silicon Valley tech industry largely ignored the ruling. NOYB says:
Now, the Austrian Data Protection Authority strikes the same chord as the European court when declaring Privacy Shield as invalid: It has decided that the use of Google Analytics violates the General Data Protection Regulation (GDPR). Google is "subject to surveillance by US intelligence services and can be ordered to disclose data of European citizens to them". Therefore, the data of European citizens may not be transferred across the Atlantic.
When the Privacy Shield legislation was invalidated in 2020, this had far-reaching consequences for US online services operating in Europe: They were no longer allowed to transfer data of European citizens to the US as this would make data of European citizens vulnerable to American mass surveillance - a clear violation of the European GDPR.
However, the Silicon Valley tech industry largely ignored the ruling. NOYB says:
"While this (=invalidation of Privacy Shield) sent shock waves through the tech industry, US providers and EU data exporters have largely ignored the case. Just like Microsoft, Facebook or Amazon, Google has relied on so-called "Standard Contract Clauses" to continue data transfers and calm its European business partners."
Now, the Austrian Data Protection Authority strikes the same chord as the European court when declaring Privacy Shield as invalid: It has decided that the use of Google Analytics violates the General Data Protection Regulation (GDPR). Google is "subject to surveillance by US intelligence services and can be ordered to disclose data of European citizens to them". Therefore, the data of European citizens may not be transferred across the Atlantic.
Is Google Analytics illegal in the EU? Yes and no, but mostly yes.
Using Google Analytics in a legally compliant way is still possible in Europe. Here we explain how.
tutanota.com