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Because Google is able to access information in simple terms, which is not protected from being viewed, the organization says. “These transfers were found to be illegal because there was insufficient security of personal data,” says Matthias Schmidl, deputy director of the Austrian data regulator. He adds that website users will not be able to use Google Analytics and comply with GDPR.
Currently, this election applies to Austria only and is not final. Websites across Europe will not suddenly stop using Google Analytics. NetDoktor did not respond to a request for comment. “While this concept has a direct bearing on one publisher and the situation, it can present many challenges,” said Kent Walker, Google’s vice president for global affairs and lawmaker. In a blog post published January 19th, Walker says the company believes that the technologies it has developed protect public information, and that such an idea could affect the way data works “in all European and American businesses.”
And this is just the beginning. When Noyb filed a complaint with NetDoktor in August 2020, it filed another 100 lawsuits against other data protection authorities across Europe. “It’s not about Google Analytics. It’s about selling jobs for most of the US,” Schrems said.
Supervisors in 30 European countries are investigating other cases, involving the use of Google Analytics and Facebook Connect, the company’s tool for linking your account with other pages. Websites around Airbnb, Sky, Ikea, and The Huffington Post are also concerned. Zanfir-Fortuna said: “Most of these decisions will have the same or similar consequences. This is likely, he says, since noyb used the same principles in all of its cases, and in response to data protection theorists formed a panel to discuss legal issues.” the world, wherever it falls, “says Schrems.
Dutch data protection authorities, Autoriteit Persoonsgegevens, say they are completing their research and did not allow the use of Google Analytics in its form to be banned. In Germany, where data matters are handled by the region, Hamburg data protection authorities received two complaints from noyb and said the website had once removed Google Analytics, so it was “not planning to impose rules or fines” on the matter. It is still investigating another case.
Even with collaboration with data analysts, there may be differences of opinion, says Simon McGarr, European data chief executive at McGarr Solicitors. “The Austrian situation is probably at the end of a range of ideologies – and it may represent a very dangerous end,” he said, adding that other information agencies may either approve, change, or reject those assumptions. Disagreements between 27 GDPR EU lawmakers are not uncommon: Last year the Irish Data Protection Authority’s crackdown on WhatsApp increased by € 175 million after some regulators disagreed with the idea. McGarr says it is possible that some EU officials who look into the noyb case may come to different conclusions depending on what has happened.
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