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

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

#191

Post by JumpCrisscross »

tremon wrote: post #189
JumpCrisscross wrote: post #150

Earlier quoted context omitted.

There is currently an EU member challenging the concept of European law’s primacy. Meanwhile, implementation of other courts’ rulings are delayed by years between jurisdictions. There is zero chance, for instance, that anyone in Greece or Portugal or Ireland will be impacted, judicially, by this decision for several years. That’s better than before. But it’s far from e.g. a U.S. federal court ruling in California’s i…

There is currently an EU member challenging the concept of European law’s primacy That's a charitable phrasing. As per Protocol 2 on the functioning of the European Union, article 8 [2]: The Court of Justice of the European Union shall have jurisdiction in actions on grounds of infringement of the principle of subsidiarity by a legislative act, brought in accordance with the rules laid down in Article 263 of the Trea…

> as the above text says, national governments don't have jurisdiction when it comes to matters questioning the primacy of European law

This is the essence of a divergence of theory and practice. The text says one thing. In reality, something else plays out.

I think the text will prevail. But that delay (and uncertainty) is precisely what I’m talking about. And it happens everywhere, with active regulatory arbitrage an all-but-admitted strategy of a significant section of the SME space.

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

#192

Post by benja123 »

geewee wrote: post #169
benja123 wrote: post #168

I maybe in the minority here, but I believe that this is not good for the average European and definitely not good for the European tech scene. Europe is already a more complicated place to launch a new company as you have to support multiple languages, countries etc. just to get to the potential market size you have in the US. Strict regulations are that are complicated to implement means that more new companies wil…

Geo-based cross continent data storage isn't enough. The fact that the parent company is a US entity still makes it illegal, no matter where the data is stored.

True, forgot about that. Makes it harder and more expensive for a small business to support Europe unless they are based in the EU from day one.

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

#193

Post by vijaybritto »

stef25 wrote: post #188
vijaybritto wrote: post #182

Earlier quoted context omitted.

They are only making transferring data outside of Europe as illegal right? I'm not getting what's over reaching in this

What will it solve?

The surveillance by US law agencies?

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

#194

Post by tremon »

b3lvedere wrote: post #26

I think it's time to make good backups of some google accounts.

Why? If you have a Google account, you have a direct business relationship with Google, and the data in that account doesn't violate the GDPR in any way.

(the data Google collects about you outside of your account activities still might, though).

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

#195

Post by soco »

wruza wrote: post #79
thisisnotatest1 wrote: post #40

Earlier quoted context omitted.

Quoted post unavailable.

Because corporations are deaf to constructive calls. Like, e.g. opt analytics in and not try to trick masses into it. An average person may or may not want to share, but they have no choice.

It might help to realize that it's not a "corporation" which is tone deaf, but a bunch of managers with names and salaries which are incentivized to be tone deaf to the masses.

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

#196

Post by tremon »

bryanrasmussen wrote: post #39
brnt wrote: post #15

Earlier quoted context omitted.

But, due to American intelligence agencies explicit access to overseas data (Schrems II), any such service by an American company can't meet the requirements set forth by the EU, and thus can be considered illegal for any practical purpose.

As I understand the ruling though this pertains to the fact that data is transferred to the U.S, it may be that if they changed to just using servers in the EU it would still be declared illegal but a new case would have to go through to make this declaration?

No, the CLOUD act was created specifically because Microsoft previously denied to comply with a US court order on the basis that the data was stored in Ireland. The US chose to compel a national company to produce the data instead of using an international data request, and as a result no US-based company can comply with the GDPR.

https://cdt.org/insights/microsoft-ireland-case-can-a-us-war...

https://en.wikipedia.org/wiki/Microsoft_Corp._v._United_Stat...

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

#197

Post by krageon »

geewee wrote: post #148
krageon wrote: post #102

Earlier quoted context omitted.

> for CLOUD Act to not apply If there is oversight from the US (i.e. it is still the owner), this is not possible.

Nope. I've heard some people talk about company constructions where you create a new officially unaffiliated company in the EU, that then just lends the IP to create a datacenter from the US-based companies, but I'm not sure if that's actually feasible.

In practice this construction does not exist for the big tech conglomerates. Perhaps they will exist one day, but I doubt it. These companies are fundamentally imperialistic artifacts and this proposed solution is about relinquishing control over a foreign asset: It does not mesh with their core culture.

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

#198

Post by skinkestek »

brabel wrote: post #64
sixhobbits wrote: post #27

I guess Plausible.io and similar are going to be drowning in cash in the next few months.

Looks great! But I feel that $9/month (up to 10k views) is a bit much for my personal website... I pay that much to Google now, but I get a whole suite of tools besides analyticsm, like email addresses (for my whole family under our surname as a domain, which is cool), my own domain (via GogoDaddy, but I got that via Google and pay Google only) and all the small business office tools they offer (though I think those…

For your personal webpage you can always use whatever piwik is called today. (I still can't remember after all these years.)

Or you can rely on server logs.

Luckily for everyone but simultaneously sadly for the curious ones among us I think the referer header is broken so the thing I always wanted to know - where users came from - is a lot less useful these days.

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

#199

Post by BjoernKW »

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.

The problem with EU legislation in that regard - or rather the current lack of pertinent agreements since the EU–US Privacy Shield has been declared invalid - is that it doesn't just apply to US-based services and US companies. Having a US subsidiary or even just a US-based supplier is enough for an entire company to theoretically be considered in violation of EU laws and GDPR in particular.

This means that as a business, theoretically you'd have to vet every single customer and supplier regarding their involvement with US-based companies.

Since realistically this would amount to most companies not being able to do any business at all anymore - and consequently the economy grinding to a halt - in most cases this doesn't have immediate repercussions.

However, such unpredictability caused by regulations such as GDPR is a huge problem because you can't ever be sure you won't be issued a - potentially crippling - fine simply because some local authority considered this a good idea.

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

#200

Post by Macha »

RugnirViking wrote: post #162
kazen44 wrote: post #47

Earlier quoted context omitted.

> "standard contractual clauses", basically an attempt to contract away the regulation is not valid. how is this suprising? This has been the case in Civil law since atleast napoleonic times. Contracts do not declare laws or rights invalid, unless these exceptions are defined in said law.

of course, companies will try their luck right up until somebody loses a meaningful amount of money. I assume this ruling is gearing up and posturing towards major judgements against google should they fail to follow through

Judgements against Google and Facebook have started, which I assume will get increased for being repeat offenders the more they try to weasel out of complying: https://news.ycombinator.com/item?id=29821386
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