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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

#211

Post by jacquesm »

JumpCrisscross wrote: post #191
tremon wrote: post #189

Earlier quoted context omitted.

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…

There is in practice no uncertainty. There is a member state where politicians have decided that they would like to make some waves to divert attention from their internal troubles but the impact on the rest of the EU is extremely small.

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

#212

Post by stef25 »

timeon wrote: post #205
stef25 wrote: post #179

As a European, frankly this is ridiculous. I'm as concerned as anyone about privacy issues but GDPR has just gone too far in the sense that nobody really understands it (I've undergone trainings with 2x previous employers and everyone just kind of shrugs that it doesn't make sense and we'll do our best bla bla bla ...) and that now they're trying to make an actual useful piece of software illegal ? And that for reaso…

I as EU citizen am happy about it. I do not care about any marketing department that is lazy to move from cross site voyeurism.

Nobody understands this, apart from us techies. Try explain to the average user that storing his screen resolution on a server in the US could mean he's being profiled by the NSA. Reaction will be "oooo you spooky hacker". It frustrates me that people react like this, don't get me wrong.

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

#213

Post by sofixa »

kube-system wrote: post #145
throwawayvibes wrote: post #85

Earlier quoted context omitted.

I came here to say this. People should read at least the Wikipedia summary for CLOUD act. It's classic US legislation, 'we don't care about borders when it suits us' style.

> It's classic US legislation, 'we don't care about borders when it suits us' style. GDPR is written the same way. i.e: https://gdpr.eu/article-3-requirements-of-handling-personal-...

It's not the same, because the GDPR only concerns itself with EU citizens ( based on which it claims jurisdiction). The US doesn't pretend to bother itself with such trivialities.

The same way that US sanctions are applied by the US and everyone everywhere should follow them or risk fines and sanctions. No other country does this - when France sanctions Iran, only French citizens and companies are concerned.

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

#214

Post by realityking »

sjogress wrote: post #115
frockington1 wrote: post #51

Earlier quoted context omitted.

Can you think of a good alternative other than outlawing Microsoft 365? I want these services to be spread out however this particular idea would make the EU even more sluggish than it already is

Im not a legal scholar in any way, but perhaps a solution would be a fully independent Microsoft EU that licenses Microsoft US tech for deployment/use within Europe?

Microsoft used to do this together with Deutsche Telekom in Germany. They started phasing it out in 2018. https://mspoweruser.com/microsoft-is-discontinuing-the-germa...

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

#215

Post by albertopv »

BjoernKW wrote: post #199
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 busi…

The problem is USA jurisdiction outside of USA, I'm not a lawyer but how can this be legal under international laws? How is it possible that EU citizen data is under USA jurisdiction?

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

#216

Post by kube-system »

sofixa wrote: post #213
kube-system wrote: post #145

Earlier quoted context omitted.

> It's classic US legislation, 'we don't care about borders when it suits us' style. GDPR is written the same way. i.e: https://gdpr.eu/article-3-requirements-of-handling-personal-...

It's not the same, because the GDPR only concerns itself with EU citizens ( based on which it claims jurisdiction). The US doesn't pretend to bother itself with such trivialities. The same way that US sanctions are applied by the US and everyone everywhere should follow them or risk fines and sanctions. No other country does this - when France sanctions Iran, only French citizens and companies are concerned.

"These laws apply outside our borders because the data is about our citizens"

"These laws apply outside our borders because the data is stored by our companies"

...are both examples of projection of power beyond borders, just with very slightly different rationale.

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

#218

Post by brabel »

yosito wrote: post #80
brabel wrote: post #64

Earlier quoted context omitted.

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…

Why do you need analytics for your personal website?

I want to know whether people are reading my posts!

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

#219

Post by aaomidi »

stef25 wrote: post #181
ognarb wrote: post #82

Earlier quoted context omitted.

Nextcloud would be a solid European alternative for office365. It's a file sync, groupware, office and xhat solution all in one. It's open source, self hostable and has enterprise support. Disclaimer: I work at Nextcloud so I'm a bit biased

MS is completely entrenched in so many EU companies that this will never happen. You can't even get people that need a simple word processor or spreadsheet to use LibreOffice.

MS will probably make a EU cloud product like they've done for a bunch of other countries and govt entities.

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

#220

Post by brabel »

skinkestek wrote: post #198
brabel wrote: post #64

Earlier quoted context omitted.

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.

My website is hosted for free by Netlify. They don't allow me to see the logs though unless I pay $9/month: https://www.netlify.com/products/analytics/

Damn it! Looks like I'll have to set up my own web server and save the logs myself.

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