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Austria's data protection authority has found that Google Analytics is illegal

tutanota.com

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Re: Austria's data protection authority has found that Google Analytics is illegal

#22

Post by lnsp »

sschueller wrote: post #8

The CLOUD Act itself is the issue. Don't use MS Office 365 or any other US based service even if their servers are in Europe as they can not guarantee that your data is not accessible by the US. Amazon and Cloudflare are all great service but your data is under US jurisdiction.

You can control locality for some parts of Cloudflare's offering [1], so I guess if you want to comply with the privacy shield stuff, you would have to ensure that the data is stored on a server within a EU country.

[1] https://blog.cloudflare.com/introducing-the-cloudflare-data-...

Re: Austria's data protection authority has found that Google Analytics is illegal

#23

Post by NLMichel »

RealStickman_ wrote: post #5
vegai_ wrote: post #2

The article seems to suggest that it's declared illegal in Austria. Does this somehow apply to the whole EU then?

> Austrian Data Protection Authority strikes the same chord as the European court when declaring Privacy Shield as invalid: It has decided that the use of Google Analytics violates the General Data Protection Regulation (GDPR). It seems Google was sued in Austria and they have found it to violate the GDPR so yes, it applies to the whole EU.

Not Google, a company. Because not GA on it's self is illegal. The use of GA is illegal.

Re: Austria's data protection authority has found that Google Analytics is illegal

#28

Post by smoe »

darkwater wrote: post #12
scarab92 wrote: post #7

To be clear, the transfer of EU citizen's data to the US was deemed against the GDPR. This decision does not mean that Google Analytics itself is illegal.

I think the syllogism comes from the fact that currently GA does transfer EU data to the US by default (and probably currently there is no way to prevent that?). But I'm not a GA expert at any rate so I can be totally wrong.

As I understood it, data location is not even the problem, but the US CLOUD Act, that allows their authorities to request data from US companies no matter where it is stored. So even if Google Analytics would store data from EU citizens in Europe, they would still violate GDPR, because US authorities can access the data without the users consent.
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