By decision of the French Data Protection Agency (CNIL), the use of Google Analytics in the country has been prohibited. The decision followed the CJEU's assertion that the US violated the General Data Protection Regulation. This, in turn, invalidated the “Privacy Shield” and allowed the transfer of data to the United States, which ended up making the platform contrary to local laws. However, France was not the first country in Europe to make the illegal Google Analytics, and this could perhaps be a ripple effect.
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First country in Europe to ban Google Analytics
Austria was the first country in Europe to ban the use of Google Analytics, considering it illegal to use data. With the decision of the Austrian data protection authorities, the resolution ended up affecting the use of this tool in other countries.
At the center of this whole issue is the important data dispute between the United States and Europe, known as the Schrems I doctrine. In addition, the annulment of the so-called Privacy Shield, in 2020, prohibits the transfer of European personal data to US servers. This affects not only Google, but also Meta (formerly Facebook) and other similar companies like Amazon and Microsoft.
How does this affect US companies?
The US companies claim that the problem is not with their applications, but with the existing laws on data transfers from Europe to the US. With that, they affirm the need for a new agreement, otherwise they will not be able to offer their services, but there is no movement for that to happen.
There is currently no official discussion on the topic. Therefore, companies fear having to essentially change their operation in European countries, as they are seeing their main tools being considered illegal.
As such, it will be necessary for data protection in Ireland, where these companies are based in Europe, to decide on the transfer of data from the continent to the United States. Until then, these companies will need to wait for the result of these agreements.
