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Use of Google Analytics may soon be prohibited

The Dutch Personal Data Authority (AP) is currently investigating two complaints about the use of Google Analytics in the Netherlands. The complaints were filed by the organisation Non of Your Business (NOYB) of privacy activist Max Schrems.

Following the Schrems II decision of the European Court of Justice (CJEU), NOYB filed 101 complaints with various European regulators. As a reminder, in the Schrems II decision, the CJEU ruled that providing personal data to companies in the United States is in breach of the AVG. Indeed, these companies are required by US surveillance laws to provide personal data to US intelligence agencies.

As a result of NYOB’s complaints, the Austrian supervisory authority has already banned the use of Google Analytics. Personal data is sent to America via Google Analytics. The supervisory authority ruled that the use of Standard Contractual Clauses (SCC) and the Technical and Organisational Measures implemented by Google do not offer sufficient protection. After all, the SCC cannot prevent personal data from being passed on to the American intelligence services.

The ban also seems to apply to the privacy-friendly setting of Google Analytics. The Austrian supervisory authority indicates that this setting still constitutes processing of personal data. Remarkably, the AP has recently placed a warning on the possible ban in the User Guide for the privacy-friendly setting of Google Analytics.

The AP’s investigation into Google Analytics is expected to be completed in early 2022. Then it will be known whether Google Analytics is banned or not.