After NOYB’s complaints against the use of Google analytics the Austrian SA and the CNIL – Commission Nationale de l’Informatique et des Libertés issued decisions considering that the transfers made by Google to the USA did not satisfy the requirements of the CJEU in #SchremsII.
The EDPS also criticised the use of GA by EU Institutions.
The Belgian and the Dutch SA are investigating similar issues.
Last year the CNIL issued recommendations concerning the use of analytics in websites
CNIL recommendations
To respect DS rights
• users must be informed of the implementation of these trackers, eg via the privacy policy of the site or the mobile application
• the lifespan of the #trackers is limited to a period allowing a relevant comparison of audiences over time, as is the case for a period of 13mo, and that it is not automatically extended during new visits
• the information collected through these trackers is kept for a maximum period of 25mo
• the lifespan and retention periods mentioned above are subject to periodic review to be limited to what is strictly necessary
A vendor may provide a comparative audience measurement service to multiple publishers if:
• the data is collected, processed and stored independently for each publisher; and
• the trackers are totally independent from each other and from any other tracker.
In practice
• Some audience measurement services do not fall within the scope of the exemption (art. 82 French DP law: first-party anonymised audience measurement), in particular when their suppliers indicate that they reuse the data for their own account (it may be possible to configure these tools to disable data reuse)
• Check with your vendor if the tool does not reuse the data collected
• Consider any data transfers outside the EU that may be carried out by your provider
How to have an audience measurement solution evaluated?
Interestingly, the CNIL launched a program to identify solutions that can be configured to fall within the scope of the exemption from obtaining consent (art 82)
So, subject to the conditions mentioned by the CNIL, it identified the following providers of audience measurement services that can be used instead of #googledataanalytics
– Analytics Suite Delta de AT Internet
– SmartProfile de Net Solution Partner
– Wysistat Business de Wysistat
– Piwik PRO Analytics Suite de Piwik PRO
– Abla Analytics de Astra Porta
– BEYABLE Analytics de BEYABLE
– etracker Analytics (Basic, Pro, Entreprise) de etracker
– Retency Web Audience de Retency
– Nonli de Nonli
– CS Digital de Contentsquare
– Matomo Analytics de Matomo
– Wizaly de Wizaly SAS
– Compass de Marfeel Solutions
– Statshop de Web2Roi
– Eulerian de Eulerian Technologies
Link post
Link CNIL
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