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 its decision, the CNIL said data collection and transfers to the United States using Google Analytics are illegal, violating Article 44 of the GDPR. Just weeks after the Austrian Data Protection Authoritys ruling that Google Analytics use violates the EU General Data Protection Regulation, Frances data protection authority, the Commission nationale de l'informatique et des liberts, has reached a similar decision. In its decision, the CNIL held that an organization using Google Analytics was in violation of the GDPR's data transfer requirements. The IAPPS CIPP/E and CIPM are the ANSI/ISO-accredited, industry-recognized combination for GDPR readiness. The resulting requests allow these servers to obtain the IP address of the Internet user as well as a lot of information about his terminal. Subscribe to the Privacy List. Understand Europes framework of laws, regulations and policies, most significantly the GDPR. The decision, published Jan. 13, is the first of 101 complaints filed across EU countries by advocacy group NOYB Norway's data protection authority, Datatilsynet, has advised companies to seek alternatives to using Google Analytics in the wake of a recent decision from the Austrian Data Protection Authority. Therefore, enforcement of the ruling has never been easier. However, implementing the above solutions might be costly, and the question arises whether these will also meet the operational needs. The objective of the publication was to advise all data controllers using this tool to take this publication into account. A French company has been ordered to cease using Google Analytics as authorities say there is a GDPR "risk" that US intelligence services may access the data. The Italian privacy authority, the Garante, deemed that the use of Google Analytics results in unlawful transfers of personal data to the United States in violation of the principles outlined in the Schrems II ruling. Commission Nationale de l'Informatique et des Liberts, Cookies: closure of the injunction issued against FACEBOOK. The Q&A explains aspects of the notices, including the 30-day compliance period, and the CNIL's stance on lawful and unlawful uses of Google Analytics. Another alternative would be the use of a proxy server. 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. In these decisions, the CNIL considered that the use of Google Analytics led, as it stood, to insufficiently regulated transfers to the United States. About the CNIL. I would personally prefer better protections in the US, but this is up to the US legislator not to anyone in Europe.. 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. The global standard for the go-to person for privacy laws, regulations and frameworks, The first and only privacy certification for professionals who manage day-to-day operations. View our open calls and submission instructions. 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. How does the CNIL conduct its investigations? 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. Is it possible to continue to transfer data with the explicit consent of individuals? Review upcoming IAPP conferences to see which need to be included in your schedule for the year ahead. The CNIL's Q&A and its further guidance complete this. This tracker organizes the privacy-related bills proposed in Congress to keep our members informed of developments within the federal privacy landscape. 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. 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. On 10 February 2022 the French data protection authority (" CNIL ") also confirmed that these . In order for encryption to be considered as a sufficient additional safeguard, the encryption keys should, inter alia, be kept under the exclusive control of the data exporter, or other entities established in a territory offering an adequate level of protection (see recommendations 01/2020 of the EDPB, 84). Anonymised data is no longer subject to the GDPR. 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. Certification des comptences du DPO fonde sur la lgislation et rglementation franaise et europenne, agre par la CNIL. The CNIL FAQs on Formal Notices Regarding the Use of Google Analytics. 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. 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. 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. Furthermore, it is not clear from the evidence provided by Google whether this anonymisation takes place prior to the transfer to the USA. Full Story 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. The EU-US Data Privacy Framework: A new era for data transfers? Since then, the U.S and the EU have announced a political agreement that would replace the invalidated privacy shield. The use of unique identifiers was also insufficient as the unique identifiers could be combined with other data. We are happy so many of you are joining us in Brussels. PARIS France's privacy regulator has ruled that an unnamed website cannot use Google Analytics because it transfers personal data to the United States in breach of EU privacy law. The CNIL received the initial complaint in 2020 as part of the 101 complaints raised across the EU and EEA by NOYB -alleging that the use of Google Analytics and . Weve written about it here and touched upon the fact that the deal has no legal merit. The recent decision by the Austrian Data Protection Authority that the use of Google Analytics violates the EU General Data Protection Regulation could have far-reaching implications." 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. These measures are provided for in the recommendations on complementary measures to transfers of the European Committee for the Protection of Human Rights and Fundamental Freedoms, Commission Nationale de l'Informatique et des Liberts, Cookies: closure of the injunction issued against FACEBOOK. The Commission nationale de l'informatique et des liberts (CNIL), has confirmed that Matomo can now be used to collect data without tracking consent. 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 formal notice was made public on February 10. 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. This chart maps several comprehensive data protection laws to assist our members in understanding how data protection is being approached around the world. Meet the stringent requirements to earn this American Bar Association-certified designation. On 10 February 2022, the CNIL issued a formal notice to a website operator using Google Analytics cookies to comply with the GDPR and more specifically with the CJEU Schrems 2 ruling on the transfer of data to the US. 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 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. The risks U.S. businesses face in Europe are escalating rapidly, while their workable compliance options plummet, Fennessy said. Do organisations have a deadline for compliance? 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. 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 . Access all white papers published by the IAPP. However, they also stated that, with the information at hand, the use of Google Analytics is under no circumstances legal. In view of the criteria mentioned above, one possible solution is the use of a proxy server to avoid any direct contact between the Internet user's terminal and the servers of the analytics tool (in this case Google). Review a filterable list of conferences, KnowledgeNets, LinkedIn Live broadcasts, networking events, web conferences and more. Putting It Into Practice: The CNIL recommends that companies use Google Analytics with. The personal data transferred to a country outside the European Union must be afforded a level of protection "substantially equivalent" to that afforded in the EU. 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. The CNIL ruled on these complaints, found them to be valid and ordered the companies concerned to comply. We are an independent team of two that care about privacy and believe the future of web analytics is cookieless by design. Talk privacy and network with local members at IAPP KnowledgeNet Chapter meetings, taking place worldwide. Is it possible to set the Google Analytics tool so that personal data is not transferred outside the European Union? Simple Analytics is one of them. 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. Europes top experts predict the evolving landscape and give insights into best practices for your privacy programme. Finally, the joint use of Google Analytics with other Google services, particularly marketing services, can increase the risk of tracking. Pour utiliser l'assistant de configuration GA4, vous devez disposer du rle diteur sur le compte. 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. The IAPPs US State Privacy Legislation Tracker consists of proposed and enacted comprehensive state privacy bills from across the U.S. However, the proxy server will have to meet all the criteria applicable to supplementary . 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. In its response to the CNIL's requests, Google indicated that it had put in place additional legal, organisational and technical measures, which the CNIL however deemed insufficient to ensure the effective protection of the transferred personal data, in particular against requests for access to the data by US intelligence services. Add to your tech knowledge with deep training in privacy-enhancing technologies and how to deploy them. IAPP members can get up-to-date information here on the California Consumer Privacy Act and the California Privacy Rights Act. Why was the order to comply published in an anonymised form? > Use of Google Analytics and data transfers to the United States: the CNIL issues a formal notice to a website manager. 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 recommendations of the European data protection authorities, which have, for example. CNIL's latest on Google Analytics - According to CNIL interrupting connection between the user's terminal and Google Analytics is required to comply with GDPR. 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. 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. The respondent could not rely on other transfer mechanisms under Chapter V. of the GDPR. The explicit consent of the data subjects is one of the possible derogations provided for certain specific cases by Article 49 of the GDPR. This list includes tools that have already demonstrated to the CNIL that they can be configured to limit themselves to what is strictly necessary for the provision of the service, and thus not require the user's consent, in accordance with Article 82 of the French law on Data Protection. February 10, 2022 10:35 am. It was instead a political agreement. In this context, a unique identifier is assigned to each visitor. Anonymisation consists of using a set of techniques in such a way as to make it impossible, in practice, to identify the person by any means whatsoever and in an irreversible manner. Only solutions allowing to break this contact between the terminal and the server can address this issue. Add to your tech knowledge with deep training in privacy-enhancing technologies and how to deploy them. Dcouvrez Google Analytics 4, la nouvelle gnration d'Analytics, qui collecte des donnes bases sur les vnements depuis les sites Web et les applications. Recognizing the advanced knowledge and issue-spotting skills a privacy pro must attain in todays complex world of data privacy. Use the Vendor Demo Center, Privacy Vendor List and Privacy Tech Vendor Report to easily identify privacy products and services to support your work. Following a recent decision by the Austrian data protection authority (DPA), France's lead regulator CNIL has determined that the use of Google Analytics is a violation of the General Data Protection Regulation (GDPR). Failure to comply with the French Data Protection Act Its crowdsourcing, with an exceptional crowd. Download Here. They should therefore turn to a provider offering sufficient guarantees of compliance. Learn more today. Mostre seus conhecimentos na gesto do programa de privacidade e na legislao brasileira sobre privacidade. Pease International Tradeport, 75 Rochester Ave.Portsmouth, NH 03801 USA +1 603.427.9200, CDPO, CDPO/BR, CDPO/FR, CIPM, CIPP/A, CIPP/C, CIPP/E, CIPP/G, CIPP/US, CIPT, LGPD. CNIL also confirmed to have issued formal notices to organizations between the first announcement in February and now. 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. 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. Alors que deux nouvelles entreprises franaises auraient t mises en demeure . Provisional measure gives Brazil's ANPD independency. Is this interpretation of the consequences of the "Schrems II" ruling by the CNIL shared at the European level? Is it possible to set up Google Analytics to only transfer anonymous data to the US? 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. The Q&A explains aspects of the notices, including the 30-day compliance period, and the CNIL's stance on lawful and unlawful uses of Google Analytics. 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.. The implementation of the measures described below can be costly and complex and may not always meet the operational needs of professionals. Que vous utilisiez un conteneur Google Tag Manager ou une balise Google Analytics (gtag.js ou analytics.js) sur les pages de votre site Web, la procdure est identique. 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). 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. The CNIL noted that "several clicks are required to refuse all cookies, against a single one to accept them.". As recalled in the CNIL Q&A, the simple implementation of standard contractual clauses is not sufficient to use Google Analytics in compliance with the GDPR. 13 June 2022 13 June 2022. Locate and network with fellow privacy professionals using this peer-to-peer directory. We offer individual, corporate and group memberships, and all members have access to an extensive array of benefits. Looking for a new challenge, or need to hire your next privacy pro? Talk privacy and network with local members at IAPP KnowledgeNet Chapter meetings, taking place worldwide. How to ensure that audience measurement tools do not transfer data to a third country that is not adequate? This is an option for both Matomo Cloud and On-Premise versions. This Q&A only covers the decisions of the CNIL concerning the use of Google Analytics following the invalidation of the Privacy Shield. The CNIL has been entrusted with the general duty to inform people of the rights that the data protection legislation allows them. Concentrated learning, sharing, and networking with all sessions delivered in parallel tracks one in French, the other in English. The IAPP is the largest and most comprehensive global information privacy community and resource. Map of the data protection around the world, > Q&A on the CNIL's formal notices concerning the use of Google Analytics. Corrective measures in this respect may be adopted in the near future. Need advice? Need advice? 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. These were all thrown out of the window by CNIL. Jean-Etienne Juthier. Google proposed different solutions to address this. All organisations in France whose use of Google Analytics was the subject of complaints by NOYB have now been ordered to comply. If you want to comment on this post, you need to login. The IAPP Job Board is the answer. on 10th february 2022, the french data protection authority commission nationale de l'informatique et des liberts (cnil) has pronounced the use of google analytics on european websites to not be in line with the requirements of the general data protection regulation (gdpr) and has ordered the website owner to comply with the requirements of the Google does offer anonymisation of IP addresses, but it is not applicable to all transfers. Explore the full range of U.K. data protection issues, from global policy to daily operational details. Fox Rothschild Partner Odia Kagan, CIPP/E, CIPP/US, CIPM, FIP, PLS, said the decision does not give practitioners reasoning to use when trying to assess how to configure services or which services to use moving forward. Use the Vendor Demo Center, Privacy Vendor List and Privacy Tech Vendor Report to easily identify privacy products and services to support your work. 2022 International Association of Privacy Professionals.All rights reserved. 2022 International Association of Privacy Professionals.All rights reserved. What about other services, she said. GA4 est une nouvelle proprit conue pour l'avenir de la mesure : Elle collecte les donnes des sites Web et des applications pour mieux comprendre le parcours client. 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. But there's more going on: Hacktivist group MonitoraPA sent thousands of emails requiring administrations to drop both GA and . 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. On this topic page, you can find the IAPPs collection of coverage, analysis and resources related to international data transfers. CNIL expects it may not happen until the end of the year until a deal is finalized. CNIL Update: Google Analytics is (still) illegal, Schrems II and the violation of Privacy Shield 1.0. Google Analytics is a hot topic in the Italian privacy and marketing communities right now. CNIL acknowledges the fact that the costs of such activity may be higher but it also states that this is the recommended way to ensure maximum protection. 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. Take emails sent between EU and U.S. organizations, for example, these are unencrypted communications that could contain highly sensitive data about the sender or third parties mentioned in the communication, he said. In the event of any inconsistency, please note that the French version shall prevail. The last proposed option would be to ask for explicit consent from users for data transfers. According to the GDPR, data transfers outside the EU are possible only if adequate safeguards can be used. They have stated that there is no way for GA to be configured to satisfy Schrems II and no supplementary measures that can be taken to make GA compliant. NOYBs Max Schrems, who believes other authorities will decide similarly to the French and Austrian DPAs, agreed. The CNIL considered that the obligation of clarity and intelligibility must be assessed in light of the nature of each processing operation and taking into account its concrete impact on data subjects. > Website, cookies and other trackers [in French], > [FR] Questions-rponses sur les mises en demeure de la CNIL concernant lutilisation de Google Analytics, > Chapter V - Transfers of personal data to third countries or international organisations - GDPR - Eur-lex. Mostre seus conhecimentos na gesto do programa de privacidade e na legislao brasileira sobre privacidade. 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. The use of a properly configured proxy can however be an operational solution to limit the risks to individuals. 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. the measures put in place by Google are not sufficient to exclude the possibility of access to data of European residents; the data of European Internet users is therefore illegally transferred through this tool. Analytics.Full Story last week while their workable compliance options plummet, Fennessy said make. Regulation and its further guidance complete this server will have to meet all the complaints filed by IAPP! 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