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. Provisional measure gives Brazil's ANPD independency. 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. 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. According to the French data protection agency, the main conclusion from the Q&A session is that Google Analytics is still illegal. This French decision suggests that other EU DPAs may also disagree with Google's current position. Si vous avez associ Analytics un compte Google Ads, vous pouvez accder vos vues et rapports Analytics tout moment en cliquant sur Outils > Mesure depuis votre compte Google Ads. 2022 International Association of Privacy Professionals.All rights reserved. The IAPPs US State Privacy Legislation Tracker consists of proposed and enacted comprehensive state privacy bills from across the U.S. This tracker organizes the privacy-related bills proposed in Congress to keep our members informed of developments within the federal privacy landscape. The rulings are the first stemming from 101 complaints filed by advocacy group NOYB throughout EU Member States following the Schrems II decision that invalidated the EU-U.S. Privacy Shield in July 2020 and are anticipated to set off a wave of decisions from other authorities. What are the consequences for organisations? Understand Europes framework of laws, regulations and policies, most significantly the GDPR. 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. 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. for further context, cnil outlined that google analytics, a service that can be integrated by websites such as online sale sites in order to measure the number of visits by internet users, works by assigning a unique identifier to each visitor, which, cnil highlighted, constitutes personal data, and which is subsequently transferred to the us Recent GDPR rulings have targeted Google Analytics in particular for insufficient data protection. 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. Increase visibility for your organization check out sponsorship opportunities today. In this case, the CNIL regarded the processing of personal data carried out by Google as " massive and intrusive in nature ". 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. We are an independent team of two that care about privacy and believe the future of web analytics is cookieless by design. 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. The use of a properly configured proxy can however be an operational solution to limit the risks to individuals. Explore the full range of U.K. data protection issues, from global policy to daily operational details. What about other services, she said. 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. Finally, the joint use of Google Analytics with other Google services, particularly marketing services, can increase the risk of tracking. 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. The CNIL noted that "several clicks are required to refuse all cookies, against a single one to accept them.". Pseudonymisation is the processing of personal data in such a way that it is no longer possible to attribute the data to a natural person without further information. This way, the data of EU citizens are protected from being handed to the U.S. intelligence service. The current situation with Google Analytics has been kicked off by the Schrems II ruling that invalidated the privacy shield 1.0. 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 . In the article at hand, we break down the statements made by CNIL during the Q&A session. 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. Map of the data protection around the world, > Q&A on the CNIL's formal notices concerning the use of Google Analytics. Jean-Etienne Juthier. However, they also stated that, with the information at hand, the use of Google Analytics is under no circumstances legal. The joint statement by the European Commission and the United States government in March 2022 on a future decision to adequately regulate data flows to the US is, at this stage, only a political announcement. Google Analytics: the CNIL explains its formal notices. 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. This identifier (which constitutes personal data) and the associated data are transferred by Google to the United States. 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. Further, Kagan said EU controllers, in many cases, are left without an alternative to a U.S. service, and neither EU controllers or U.S. providers have any control over the issue which is at the crux of this matter namely, the access by U.S. authorities.. 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 risks U.S. businesses face in Europe are escalating rapidly, while their workable compliance options plummet, Fennessy said. The CNIL considers that as long as the US authorities can access users' data, the use of Google Analytics is not legal.The Authority has therefore asked the website operator to . The CNIL received several complaints from . The organisations ordered to comply had established standard contractual clauses with Google, which Google offers by default to users of this solution. One of the formal notices (anonymized) was published on the CNIL's website, to inform all data controllers using Google Analytics . The role and responsabilities of the CNIL are: to protect citizens and their data The investigation by the CNIL and its counterparts also extends to other tools used by sites that result in the transfer of data of European Internet users to the United States. 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. However, they also stated that, with the information at hand, the use of Google Analytics is under no circumstances legal. 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. As technology professionals take on greater privacy responsibilities, our updated certification is keeping pace with 50% new content covering the latest developments. Privacy professionals are racing to assess, to comply, to enforce, and to find a more workable long-term solution for data transfers. 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. Regardless of the type of data processed? 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 . Commission Nationale de l'Informatique et des Liberts, Cookies: closure of the injunction issued against FACEBOOK. In particular, the possibility of unlawful access to personal data beyond what is necessary and proportionate in a democratic society by public authorities seriously undermines the fundamental rights and freedoms of data subjects. The CNIL has been entrusted with the general duty to inform people of the rights that the data protection legislation allows them. In the case where the envisaged tool transfers data outside the European Union or where the company publishing the tool has capital or organisational links with a parent company located in a country providing for the possibility for intelligence services to require access to personal data located in another territory, it is it is necessary to assess the legal framework of the third country. In this context, a unique identifier is assigned to each visitor. Pease International Tradeport, 75 Rochester Ave.Portsmouth, NH 03801 USA +1 603.427.9200. Sylvain Guillet. Encryption is therefore an insufficient additional guarantee if the organisation subject to the demands of the US authorities can access personal data in clear text. If you want to comment on this post, you need to login. 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. We have decided to make this letter public. To protect personal data, support innovation, preserve individual liberties. In addition, it stated that there are no circumstances under which this is not the case. Is this interpretation of the consequences of the "Schrems II" ruling by the CNIL shared at the European level? 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. Why was the order to comply published in an anonymised form? CNIL also confirmed to have issued formal notices to organizations between the first announcement in February and now. Talk privacy and network with local members at IAPP KnowledgeNet Chapter meetings, taking place worldwide. 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. 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. 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. 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. decisions of the CJEU or the European Court of Human Rights, which have been able to assess the compliance of certain legislation with European data protection standards. To give some perspective, Privacy Shield 1.0 was declared invalid in July 2020. The IAPPS CIPP/E and CIPM are the ANSI/ISO-accredited, industry-recognized combination for GDPR readiness. However, the proxy server will have to meet all the criteria applicable to supplementary . View our open calls and submission instructions. 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. 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. 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. The IAPP Job Board is the answer. However, implementing the above solutions might be costly, and the question arises whether these will also meet the operational needs. 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. On 16 July 2020, the Court of Justice of the European Union issued a major ruling : the Privacy Shield, which was a framework for data transfers between the European Union and the USA, has been invalidated because it did not provide adequate safeguards against the risk of unlawful access by US authorities to the personal data of European residents. On this topic page, you can find the IAPPs collection of coverage, analysis and resources related to international data transfers. Billions of emails are sent on a daily basis, and yet no one is seriously suggesting we shut down email communications. The joint statement by the European Commission and the United States government in March 2022 on a future decision to adequately regulate data flows to the US is, at this stage, only a political announcement. Access all white papers published by the IAPP. 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 . Notably, the CNIL rejected Google's argument that any Google Analytics data were pseudonymised, highlighting that Universal Unique Identifiers do not meet the definition of pseudonymisation under Article 4 (5) GDPR, as their sole purpose is to identify users. As part of this, the DPA in a - not yet final - decision dated January 13, 2022, and the CNIL on February 10, 2022, ruled, that website operators cannot use Google Analytics in compliance with the GDPR. Weve written about it here and touched upon the fact that the deal has no legal merit. Login Signup Products and services A complete set of solutions to make your website or app compliant with the law, on multiple languages and legislations Overview Pricing For websites/apps In addition to noting its investigation goes further than Google Analytics, IAPP Vice President and Chief Knowledge Officer Caitlin Fennessy, CIPP/US, said the CNIL makes it clear its decision reflects a collective analysis by European DPAs. 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. The CNIL's decision is not the first at the European level: one month before the CNIL, the Austrian data protection authority issued the first decision of this kind in January, along the same lines as the French authority. Learn the intricacies of Canadas distinctive federal/provincial/territorial data privacy governance systems. The worlds top privacy event returns to D.C. in 2023. Google Analytics is a hot topic in the Italian privacy and marketing communities right now. Looking for a new challenge, or need to hire your next privacy pro? 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. Google has not yet issued a response to the CNILs decision, but in a previous statement on Austrias ruling, President of Global Affairs and Chief Legal Officer Kent Walker urged EU and U.S. governments to finalize a Privacy Shield successor agreement. The EDPB issued a statement on 6 April indicating that this does not constitute a legal framework on which organisations can rely to transfer data to the US. The company deposited cookies on users' computers CNIL's guidelines and recommendations (in French), The steps of the CNIL's law enforcement process. We offer individual, corporate and group memberships, and all members have access to an extensive array of benefits. This chart maps several comprehensive data protection laws to assist our members in understanding how data protection is being approached around the world. 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. 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.. February 11, 2022 Update: CNIL has published an FAQ on Google Analytics on June 7th, 2022 stating that websites have only one month to comply and remove Google Analytics from their website. 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. Kissmetrics is a product and marketing analytics tool that you can consider as an alternative for Google Analytics. 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. Google Analytics and data transfers: how to make your analytics tool compliant with the GDPR? However, this is not a viable fix as it would be a horror to request this to every visitor on every visit. Review a filterable list of conferences, KnowledgeNets, LinkedIn Live broadcasts, networking events, web conferences and more. Is it possible to set the Google Analytics tool so that personal data is not transferred outside the European Union? However, this list does not currently consider the issues raised by international transfers, including the consequences of the "Schrems II" judgment. 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