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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

#81

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.

What are solid european alternatives?

Co-locate run your own hardware, Hetzner, Exoscale etc. There are many alternatives just not as large as Amazon. Many ISPs also offer DDoS protection.

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

#82

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.

What are solid european alternatives?

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

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

#83
post #28

Earlier quoted context omitted.

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.

So they set up an EU subsidiary that's independent enough for CLOUD Act to not apply. Problem solved.

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

#84
post #17

As far as I understand it, it's not Google Analytics per se that is illegal, but the data transfer to the US. If Google Analytics would use servers on European ground it should be fine. Or would that still violate GDPR as Google as an American company can still be coerced to give access to data stored on their servers outside the US? But I can't imagine that to be the case, as it would effectively mean that any busin…

> Or would that still violate GDPR as Google as an American company can still be coerced to give access to data stored on their servers outside the US?

Yes, because of CLOUD Act. If GA would create a deployable agent that proceses user data on your server before sending it in aggregate/anonymously to central GA, that would make it usable

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

#85
post #22

Earlier quoted context omitted.

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-...

Doesn’t work that way. This issue is that CloudFlare is a US company and can be compelled to disclose information to US Govt regardless of where they hold the data.

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.

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

#86

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.

Interestingly, Google afaik did some funky business with SAP where they swap jurisdiction around so that when faced with US request they can at some point say "send it to SAP AG and see if they care" - or so it seemed few years ago (source: notification of contract change wrt GCP)

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

#87
post #17

As far as I understand it, it's not Google Analytics per se that is illegal, but the data transfer to the US. If Google Analytics would use servers on European ground it should be fine. Or would that still violate GDPR as Google as an American company can still be coerced to give access to data stored on their servers outside the US? But I can't imagine that to be the case, as it would effectively mean that any busin…

From the Schrems II judgment:

> Where the controller or a processor established in the European Union is not able to take adequate additional measures to guarantee such protection, the controller or processor or, failing that, the competent supervisory authority, are required to suspend or end the transfer of personal data to the third country concerned.

It would seem as though any EU company that can be compelled to transfer data to the US would be found not to be able to take adequate measures to guarantee the protection of the data. I'm not familiar enough with the law in the US to understand whether the US authorities can compel an EU subsidiary of a US company to transfer data out of the EU, but if so...

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

#88
post #82

Earlier quoted context omitted.

What are solid european alternatives?

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

Its not a managed service so its not a direct alternative.

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

#89
post #3
post #2

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

Privacy law in the EU is harmonized.

> Privacy law in the EU is harmonized

In theory. Reality is quite far from that, as anyone on the ground can attest.

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

#90
post #46

It's time for EU services to shine.

We have IRC and it shines bright! But seriously: Google just needs to move the problematic part of their EU business into EU and start complying.

If I'm understanding this correctly there is nothing google can actually do. The problem is the US Cloud Act as the linked article mentions, which is in direct violation of article 44 of GDPR.
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