User Privacy Heats Up As Google Analytics Declared Illegal In The EU
In this guest post, Hoang Nguyen (main photo), chief data and technology officer at Howatson+Company, argues the EU outlawing Google Analytics is set to have reverberations around the globe…
The Europeans are strictly enforcing non-compliance to the GDPR, and American big tech is not immune. If you follow tech blogs, your feed would have been full Thursday last week as Google Analytics was declared illegal in Austria. But there’s more to the story than the headline suggests, and more Australian companies need to be doing to prepare for a digital world that is becoming more private as each year passes.
What you need to know
- US and European privacy legislation is increasingly in conflict with each other.
- America’s Cloud Act requires all US companies to store data in the US and must provide access to that data to US intelligence services.
- The GDPR protects Europeans against how their personal information is collected and stored and expressly prevents European citizens from being surveilled by any foreign company (America included).
Google Analytics is in breach of the GDPR
- In August of 2020, an Austrian Google user was personally identified by Google after using an Austrian health website. This person brought a claim against Google to the Austrian Data Protection Authority.
- Google analytics provides a setting in Google accounts to stop Google from evaluating use of third-party website in detail, which suggests Google is able to merge usage data with an individual. This data is then stored in the US and is a violation of GDPR.
- Last week, an Austrian court ruled the data transfer as illegal and therefore Google in breach of GDPR.Other European courts, especially Germany and the Netherlands are expected to make similar findings in the coming months.
- This has implications for Google, and companies that operate in Europe who use Google Analytics.
- Companies operating in Europe must determine if running Google Analytics on their websites will risk a penalty for violating the GDPR.
There is a simple process for you to be GDPR compliant in EU while using Google Analytics
- The Dutch Authority for Personal Data has updated its guidance on the “privacy friendly set up of Google Analytics.”
- We have outlined an approach to maintain marketing intelligence while ensuring privacy compliance below.
The deeper story for IT professionals
“Google Analytics declared illegal in the EU” is a sensational headline. And with the majority of European websites running GA, are we soon to return to the dark ages of website analytics? We believe the likely implications of the ruling will be far less dramatic. A closer review of court documents suggests the issue is configuration related, not the product itself. That’s less exciting but regardless, non-compliant use of GA across the EU creates vulnerability to large fines from European authorities.
Let‘s understand the configuration issue further. As stated in the court documents, “due to a possible configuration error, the respondent did not activate the IP anonymisation function in all cases.” By not anonymising the IP address, the user could be identifiable, thus is considered PII, which under the GDPR is a major breach.
Fortunately for the citizens of the EU, should US intelligence services have accessed the non-compliant data in question, the value associated with identifying the European citizen is not reversable. Court documents stated, “it is not to be expected that US authorities would have additional information that would enable them to identify the data subjects behind the first party cookie values ‘gid’ and ‘cid’ or behind an IP address.” The site in question also possesses “no authentication system and did not use a user ID function.” Therefore, these identity values are not traceable back as PII.
What happens now? If you’re an Australian business operating digital assets in the EU, do you need to pull GA down tomorrow? Best to seek your own legal guidance on that question, but we suggest some immediate actions:
- Review your platform configurations, especially ID synchronisation, data collection and sharing options. This preparation must span your entire mar-tech platform.
- Review and update your privacy policy and ensure that all data and platform processing is properly audited.
- Prepare for and have a contingency plan for data analytics and behaviour collection plans. If not in response to this court ruling and the rise of European GDPR compliance rulings, then for vendor mechanisms such as Apple’s ITP and IDFA, and the imminent death of 3rd-party cookies. One option is to use an edge-based analytics service that is privacy-first, non-cookie based, and immutable to the ad-blocking and analytics tool. Another solution is to have the system and platform collect and process authenticated traffic data that is secured, consent-based, and compliant.
The commercial internet is younger than the age the average Australian buys a home loan. Google itself is only 24. While it’s unimaginable to live without the internet, we’re only just starting to regulate it and reduce its by-products of harm. Privacy is an area governments can legislate and are increasingly holding brands and tech companies to account. If you haven’t invested in people and processes to ensure your privacy compliance, now is the time to do so.
Latest News
Enjoy A Hahn Solo… And May The Fourth Be With You
This May the fourth Hahn will celebrate alongside Star Wars fans rewarding their passion via a giant Hahn travelling solo through the sky. It’s the one day of the year when all sci-fi fans rejoice and giggle to themselves and Hahn in partnership with Thinkerbell, UM and Affinity is celebrating with an out of this […]
DMARGE Founder Unveils Creator-Led Social Media Agency Feedstar
New creator-led social media agency Feedstar to be aimed directly at Gen Zs. Well, they'd hardly want print, would they?
TV Ratings (02/05/2024): A total of 1,753,000 Aussies Witness Port Adelaide’s Defeat
Seven's AFL numbers almost double that of the NRL last night. The NRL still easily winning for ruptured ACLs.
Hotglue Cashes In With La Trobe Financial Digital Media Account
Hotglue staffers learning their cashflows from their collaterals today after nabbing La Trobe Financial's digital media.
M&C Saatchi’s Sydney Creative Lead Exits
B&T's stopping short of calling it a revolving door at M&C at the present, but there's definitely heat on the hinges.
Taylor Swift’s Music Re-Enters TikTok As Universal Pens Landmark Deal
Yes, B&T may have spent 152 hours failing to get Taylor Swift tickets, but, as you'll read here, it's all behind us now.
HAVAS Red launches inaugural Influencer White Paper
Havas Red has debuted its first influencer white paper. Unless you print it out in colour, of course.
Two Sides Global Campaign Reports Increasing Greenwashing As Organisations Focus On Sustainability
New report confirms greenwashing's on the rise. Apparently Mars' 'work, rest & play' claims also under investigation.
Aruga Launches New HQ & Changed Ownership Structure
PR agency Aruga proves Brisbane is 'so hot right now'. So hot in fact, Adelaide's had to go on anti-anxiety meds.
Delicious & American Express Partner To Launch Month Out 2024 In Sydney
Cost of living got you eating noodles prepared in the two-minute style? Why not live vicariously through this.
Aussie Ad Market Continues Decline In March
The belt-tightening in adland shows signs of a turnaround soon. Bar the belt-loosening at the all-you-can-eat buffet.
VMA Focuses On Skills And Training For Members
If there was a post-COVID hangover (bar the anti-vax ranters) it was the rise in skills shortages. Here's another one.
Nearly 90% Of Consumers Want Transparency About AI Images, Finds Getty Images Report
Study finds consumers want transparency around AI images. Couldn't care less about photoshopped magazine covers.
The National Breast Cancer Foundation Partners With VML To Boost Funds
Anyone else feel we've exhausted the office morning tea for cancer? B&T proposes the office moonshine still instead.
Perry ‘Pez’ Lazaris Named New National Hit Network Announcer
Why is it mandatory for the media to only publish the nicknames of people in radio & underworld crime figures?
Before Adland: Garry Dawson’s Journey From Teacher To Marketer
Here, the Hopeful Monsters marketer talks his shift from the classroom to the room wherever marketers congregate.
Scott Cam Urges Tradies To Prioritise Sun Protection
The Block host promoting sun protection to tradies. Also, don't try getting into the RSL after 6pm wearing high viz.
PubMatic Study: Advertising On Retail Media Is 50% More Effective Than Social Media
New study finds retail media 50% more effective than social. B&T says two-for-one Tim Tams trumps the lot.
From MOWING to life GROWING: Jim Penman launches ‘Life Coaching’ services
Can't decide on getting the hedges trimmed or finding a deeper meaning to life? You're in luck with this new venture.
Budweiser Brazil Turns Songs That Name Drop The Iconic Brand Into Spotify Ads
It's strange that Budweiser never found a market among beer-swilling Aussies. Then again, neither did the fluffy duck.
Effie Worldwide Strengthens Board With 6 New Members
B&T hopes everyone's wearing their Maseur sandals at the Effies, as it's standing room only at the next board meeting.
Special Enlist A Penguin Named Nigel In Latest Energy Campaign For Contact
Special unveils Nigel the penguin in work for energy provider Contact. Apparently Percy the peacock was booked.
Anya Taylor-Joy, Chris Hemsworth & George Miller Ignite Sydney For Epic Mad Max Launch
The Mad Max film franchise is Australia's cinematic gift to the world. That & Chris Hemsworth's near perfect cheekbones.
IAS Launches First-To-Market Integration With Roblox To Provide 3D Immersive Measurement
Always thought you could do with better 3D immersive measurement? Happy days are ahead here.
Fast And Furious: Top Gear Australia Launch Thrilled Motorheads, Car Entusiasts And Guests
B&T is still no closer to knowing who the new Stig is, except that she is a woman and a ridiculously fast.
TV Ratings (02/05/2024): Seven’s The 1% Club Wins The Night
The 1% club did not live up to its name when it comes to TV ratings last night.
TRA Welcomes Raft Of New Hires; Bolstering Expertise Across Markets
Insights and research agency TRA announces slew of new hires. Still no news on the return of marble wash denim, however.
CX Lavender Hires Boston Consulting Group’s Kim Verbrugghe as Chief Strategy Officer
CX Lavender announces new strategy hire and channels 'acoustic folk act at local RSL' for the publicity pic.
Opinion: Community standards, will they be the death of us?
This columnist is talking community standards. Sadly not those people who put dogs in trolleys in supermarkets.
Tegel gets heads bobbing with new free-range chicken platform
Sure, there's a lot of moral considerations when buying a chook. Yet, not as baffling as buying eggs or canned tuna.
Study: 66% of Aussie men believe masculinity is under attack
Two-thirds of Aussie blokes say masculinity's under attack. That said, sales of Solo lemon drink appear robust.
‘Equal Writes’: Canyon reveals new campaign and refreshed brand for women and non-binary writers
As this brand redesign again proves, nothing beats black on white. Well, white on black in this instance.
Icon Agency bolsters consumer and integrated offer with major hires
Icon Agency unveils new recruits. As press photo confirms office moustache competition now a lay-down misère.
Clemenger launches agricultural graduate program
Has Farmer Wants A Wife triggered an interest in dagging & hay balers? This grads program may resonate.
Levi’s Appoint UM As Global Media Agency For $217m Account
Levi's are the jeans for rockstars, models & the cool kids. Although that's not stopped dads from ruining their image.
QMS Nabs Sean Rigby From oOh!media
Things set to get spicy at the next Outdoor Media Association dinner and dance as a rival gets poached.