The Austrian Data Protection Authority (“Datenschutzbehörde” or “DSB” or “DPA”) has ruled that Austrian website providers using Google Analytics are in violation of the GDPR.
This ruling stems from a decision made in 2020 by the Court of Justice of the European Union (CJEU) that stated that cloud services hosted in the US are incapable of complying with the GDPR and EU privacy laws. The decision was made because of the US surveillance laws requiring US providers (like Google or Facebook) to provide personal data to US authorities.
The 2020 ruling, known as “Schrems II”, marked the ending of the Privacy Shield, a framework that allowed for EU data to be transferred to US companies that became certified.
About the Austrian DPA’s Model Case
In this specific case, noyb (the European Center for Digital Rights) found that IP addresses (which are classified as personal data by the GDPR) and other identifiers were sent to the US in cookie data as a result of the organisation using Google Analytics.
This model case led to the DPA’s decision to rule that Austrian website providers using Google Analytics are in violation of GDPR. It is believed that other EU Member States will soon follow in this decision as well.
“We expect similar decisions to now drop gradually in most EU member states. We have filed 101 complaints in almost all Member States and the authorities coordinated the response. A similar decision was also issued by the European Data Protection Supervisor last week.”
What does this mean if you are using Google Analytics?
If there is one thing to learn from this case, it is that ignoring these court rulings and continuing to use Google Analytics is not a viable option.
If you are operating a website in Austria, or your website services Austrian citizens, you should remove Google Analytics from your website immediately.
For businesses in other EU Member States, it is also highly recommended that you take action before noyb and local data protection authorities start targeting more businesses.
2020Media uses Matomo On-Premise Analytics as part of our Managed WordPress service, meaning two things:
Setup is done automatically for you.
Full compliance with GDPR and Data Protection Rules because your website data is held entirely within the UK.
WordPress version 5.0 is now officially released. By introducing a new block editor, it will change the way people edit their website content considerably. The new editor allows you to layout your text, images and other media in many new creative ways, but it is also more complex to start using.
We would normally update sites using our Managed WordPress to the latest version automatically, once the new release has been “in the wild” for a few days (in case there are any last minute bugs that slipped through all the testing). However we will delay a little longer this time, and more importantly, we will automatically install and activate theClassic Editor plugin along with the new WordPress core update. By default your content editor will remain exactly as it is.
You can switch to the new editor if and when you are ready at the click of a button within the WordPress dashboard. The Classic Editor will NOT overwrite the new block editor, but will allow you to also use the Classic Editor as an alternative for as long as you want to (technically until 2022 when it will be retired).
The new editor (called Gutenburg) will take some time to get used to, if you have always used the built-in editor, but many premium themes include a block editor so for many customers, it may already be familiar.
As always our Managed WordPress service makes a daily backup of your site so your website can be restored at the click of a button if any compatibility issues arise