The Norwegian Data Protection Authority recently closed a case involving the use of Google Analytics on European websites. The conclusion is that the use of Google Analytics has been illegal until now. But with new rules for transferring data to the US in place, future use of the tool may be legal.
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What is GDPR and how does it affect marketing and sales?
The Danish Data Protection Authority's advice for analysis and tracking on web pages
GDPR and privacy: What do the new rules mean for the transfer of personal data to the US?
NOYB (European Center for Digital Rights, founded by Max Schrems) filed a complaint against several European websites for the use of Google Analytics on the basis of Schrems II, which meant that, on a general basis, it was no longer permissible to transfer personal data out of the EEA. The Norwegian Data Protection Authority has now concluded: "Our conclusion is that when the website used Google Analytics, personal data was transferred to the USA in violation of the rules. In other words, the use of Google Analytics was illegal.”
Information from the Danish Data Protection Authority suggests that the conclusion will also be the same, regardless of whether Google Analytics 3 or 4 has been used.
In July, new rules came in which make it easier to legally transfer personal data to the USA. American businesses that are certified under the new rules, such as Google, can therefore transfer personal data to the United States.
The Norwegian Data Protection Authority has prepared a list of advice for businesses that use analysis tools on their websites. Disse rådene er ment å hjelpe virksomheter med å sikre at bruken av disse verktøyene overholder personvernreglene.
Although the use of Google Analytics was previously considered illegal, has new rules opened the way for the legal transfer of personal data to the USA. This marks an important change for European websites using this tool. However, it is important to continue to comply with the privacy rules and follow the advice of the Norwegian Data Protection Authority.
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