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I use Google Analytics. What do I need to do to have a GDPR audience measurement tool? What are the alternatives for GDPR compliance?
Have you ever wondered whether Google Analytics is legal in France? Or how the CNIL (National Commission for Information Technology and Civil Liberties) monitors privacy and data protection on the Internet?
In this episode of the Plezi Decode podcast, Benoît Collet, growth at Plezi and Raphaël Buchard, e.g and CEO of Dipeeo demystified the debate between Google Analytics and the CNIL (National Commission for Information Technology and Civil Liberties) on data protection.
Google Analytics GDPR : On June 07, 2022, the CNIL (National Commission for Information Technology and Civil Liberties) published an FAQ concerning the use of Google Analytics.
This press release follows a formal notice issued to an organization by the FrenchData protection authority for its use of this tool, which is now considered non-compliant with the GDPR since it performs data transfers to the United States.
The CNIL (National Commission for Information Technology and Civil Liberties) bases its reasoning on the Schrems II ruling handed down by the Court of Justice of the European Union (CJEU). ⚖️
In this July 16, 2020 decision, the CJEU invalidated the Privacy Shield, the agreement that framed the transfer of personal data between the United States and the European Union, on the grounds that it did not offer a sufficient level of protection against the risk ofUS authorities gaining access to the personal data of European residents.
Since this invalidation, from now on, only the implementation of additional technical, legal and organizational measures can ensure a level of data protection substantially equivalent to that provided by the GDPR in the event of a transatlantic transfer.
But although Google (headquartered in the USA) has put in place such measures to oversee transfers outside the EU, the CNIL (National Commission for Information Technology and Civil Liberties) has ruled that they are still not secure enough in view of the risk of access to data by US intelligence services. ♂️
As a result, theData protection authority believes that by using Google Analytics 3, websites are enabling the illegal transfer of data from European Internet users.
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While Google Analytics 4 is still a perfectly feasible solution for the time being, it may prove more risky in the future. Indeed, in each of its press releases, the CNIL (National Commission for Information Technology and Civil Liberties) seems to deliberately maintain a vagueness by mentioning the illegality of Google Analytics, but without specifying the version of the tool concerned.
However, the decision declaring the tool non-compliant only concerned Google Analytics 3, and not version 4 of the solution (the latter was not yet available at the time of the decision).
With GA4, Google has decided to evolve its tool in order to anonymize Internet users' IP addresses without having to host them in the USA.
For the time being, therefore, this new version is not banned in France, but this situation may change if the CNIL (National Commission for Information Technology and Civil Liberties) ) deems GA4's anonymization measures insufficient in the future.
So here's a list of GDPR alternatives to Google Analytics for audience measurement that have been validated by the CNIL (National Commission for Information Technology and Civil Liberties) :