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• Google Analytics 4 and GDPR : Everything You Need to Know

  17 mai 2022, par Erin

  Four years have passed since the European General Data Protection Regulation (GDPR, also known as DSGVO in German, and RGPD in French) took effect.

  That’s ample time to get compliant, especially for an organisation as big and innovative as Google. Or is it ? 

  If you are wondering how GDPR affects Google Analytics 4 and what the compliance status is at present, here’s the lowdown. 

  Is Google Analytics 4 GDPR Compliant ?

  No. As of mid-2022, Google Analytics 4 (GA4) isn’t fully GDPR compliant. Despite adding extra privacy-focused features, GA4 still has murky status with the European regulators. After the invalidation of the Privacy Shield framework in 2020, Google is yet to regulate EU-US data protection. At present, the company doesn’t sufficiently protect EU citizens’ and residents’ data against US surveillance laws. This is a direct breach of GDPR.

  Google Analytics and GDPR : a Complex Relationship 

  European regulators have scrutinised Google since GDPR came into effect in 2018.

  While the company took steps to prepare for GDPR provisions, it didn’t fully comply with important regulations around user data storage, transfer and security.

  The relationship between Google and EU regulators got more heated after the Court of Justice of the European Union (CJEU) invalidated the Privacy Shield — a leeway Google used for EU-US data transfers. After 2020, GDPR litigation against Google followed. 

  This post summarises the main milestones in this story and explains the consequences for Google Analytics users. 

  

  2018 : Google Analytics Meets GDPR 

  In 2018, the EU adopted the General Data Protection Regulation (GDPR) — a set of privacy and data security laws, covering all member states. Every business interacting with EU citizens and/or residents had to comply.

  GDPR harmonised data protection laws across member states and put down extra provisions for what constitutes sensitive personal information (or PII). Broadly, PII includes any data about the person’s :

  • Racial or ethnic origin 
  • Employment status 
  • Religious or political beliefs
  • State of health 
  • Genetic or biometric data 
  • Financial records (such as payment method data)
  • Address and phone numbers 

  Businesses were barred from collecting this information without explicit consent (and even with it in some cases). If collected, such sensitive information is also subject to strict requirements on how it should be stored, secured, transferred and used. 

  7 Main GDPR Principles Explained 

  Article 5 of the GDPR lays out seven main GDPR principles for personal data and privacy protection : 

  • Lawfulness, fairness and transparency — data must be obtained legally, collected with consent and in adherence to laws. 
  • Purpose limitation — all personal information must be collected for specified, explicit and legal purposes. 
  • Data minimisation — companies must collect only necessary and adequate data, aligned with the stated purpose. 
  • Accuracy — data accuracy must be ensured at all times. Companies must have mechanisms to erase or correct inaccurate data without delays. 
  • Storage limitation — data must be stored only for as long as the stated purpose suggests. Though there’s no upper time limit on data storage. 
  • Integrity and confidentiality (security) — companies must take measures to ensure secure data storage and prevent unlawful or unauthorised access to it. 
  • Accountability — companies must be able to demonstrate adherence to the above principles. 

  Google claimed to have taken steps to make all of their products GDPR compliant ahead of the deadline. But in practice, this wasn’t always the case.

  In March 2018, a group of publishers admonished Google for not providing them with enough tools for GDPR compliance :

  “[Y]ou refuse to provide publishers with any specific information about how you will collect, share and use the data. Placing the full burden of obtaining new consent on the publisher is untenable without providing the publisher with the specific information needed to provide sufficient transparency or to obtain the requisite specific, granular and informed consent under the GDPR.”

  The proposed Google Analytics GDPR consent form was hard to implement and lacked customisation options. In fact, Google “makes unilateral decisions” on how the collected data is stored and used. 

  Users had no way to learn about or control all intended uses of people’s data — which made compliance with the second clause impossible. 

  Unsurprisingly, Google was among the first companies to face a GDPR lawsuit (together with Facebook). 

  By 2019, French data regulator CNIL, successfully argued that Google wasn’t sufficiently disclosing its data collection across products — and hence in breach of GDPR. After a failed appeal, Google had to pay a €50 million fine and promise to do better. 

  2019 : Google Analytics 4 Announcement 

  Throughout 2019, Google rightfully attempted to resolve some of its GDPR shortcomings across all products, Google Universal Analytics (UA) included. 

  They added a more visible consent mechanism for online tracking and provided extra compliance tips for users to follow. In the background, Google also made tech changes to its data processing mechanism to get on the good side of regulations.

  Though Google addressed some of the issues, they missed others. A 2019 independent investigation found that Google real-time-bidding (RTB) ad auctions still used EU citizens’ and residents’ data without consent, thanks to a loophole called “Push Pages”. But they managed to quickly patch this up before the allegations had made it to court. 

  In November 2019, Google released a beta version of the new product version — Google Analytics 4, due to replace Universal Analytics. 

  GA4 came with a set of new privacy-focused features for ticking GDPR boxes such as :

  • Data deletion mechanism. Users can now request to surgically extract certain data from the Analytics servers via a new interface. 
  • Shorter data retention period. You can now shorten the default retention period to 2 months by default (instead of 14 months) or add a custom limit.  
  • IP Anonymisation. GA4 doesn’t log or store IP addresses by default. 

  Google Analytics also updated its data processing terms and made changes to its privacy policy. 

  Though Google made some progress, Google Analytics 4 still has many limitations — and isn’t GDPR compliant. 

  2020 : Privacy Shield Invalidation Ruling 

  As part of the 2018 GDPR preparations, Google named its Irish entity (Google Ireland Limited) as the “data controller” legally responsible for EEA and Swiss users’ information. 

  The company announcement says : 

  

  Initially, Google assumed that this legal change would help them ensure GDPR compliance as “legally speaking” a European entity was set in charge of European data. 

  Practically, however, EEA consumers’ data was still primarily transferred and processed in the US — where most Google data centres are located. Until 2020, such cross-border data transfers were considered legal thanks to the Privacy Shield framework. 

  But in July 2020, The EU Court of Justice ruled that this framework doesn’t provide adequate data protection to digitally transmitted data against US surveillance laws. Hence, companies like Google can no longer use it. The Swiss Federal Data Protection and Information Commissioner (FDPIC) reached the same conclusion in September 2020. 

  The invalidation of the Privacy Shield framework put Google in a tough position.

   Article 14. f of the GDPR explicitly states : 

  “The controller (the company) that intends to carry out a transfer of personal data to a recipient (Analytics solution) in a third country or an international organisation must provide its users with information on the place of processing and storage of its data”.

  Invalidation of the Privacy Shield framework prohibited Google from moving data to the US. At the same time, GDPR provisions mandated that they must disclose proper data location. 

  But Google Analytics (like many other products) had no a mechanism for : 

  • Guaranteeing intra-EU data storage 
  • Selecting a designated regional storage location 
  • Informing users about data storage location or data transfers outside of the EU 

  And these factors made Google Analytics in direct breach of GDPR — a territory, where they remain as of 2022.

  2020-2022 : Google GDPR Breaches and Fines 

  The 2020 ruling opened Google to GDPR lawsuits from country-specific data regulators.

  Google Analytics in particular was under a heavy cease-fire. 

  • Sweden first fined Google for violating GDPR for no not fulfilling its obligations to request data delisting in 2020. 
  • France rejected Google Analytics 4 IP address anonymisation function as a sufficient measure for protecting cross-border data transfers. Even with it, US intelligence services can still access user IPs and other PII. France declared Google Analytics illegal and pressed a €150 million fine. 
  • Austria also found Google Analytics GDPR non-compliant and proclaimed the service as “illegal”. The authority now seeks a fine too. 

  The Dutch Data Protection Authority and  Norwegian Data Protection Authority also found Google Analytics guilty of a GDPR breach and seek to limit Google Analytics usage. 

  New privacy controls in Google Analytics 4 do not resolve the underlying issue — unregulated, non-consensual EU-US data transfer. 

  Google Analytics GDPR non-compliance effectively opens any website tracking or analysing European visitors to legal persecution.

  In fact, this is already happening. noyb, a European privacy-focused NGO, has already filed over 100 lawsuits against European websites using Google Analytics.

  2022 : Privacy Shield 2.0. Negotiations

  Google isn’t the only US company affected by the Privacy Shield framework invalidation. The ruling puts thousands of digital companies at risk of non-compliance.

  To settle the matter, US and EU authorities started “peace talks” in spring 2022.

  European Commission President Ursula von der Leyen said that they are working with the Biden administration on the new agreement that will “enable predictable and trustworthy data flows between the EU and US, safeguarding the privacy and civil liberties.” 

  However, it’s just the beginning of a lengthy negotiation process. The matter is far from being settled and contentious issues remain as we discussed on Twitter (come say hi !).

  

  For one, the US isn’t eager to modify its surveillance laws and is mostly willing to make them “proportional” to those in place in the EU. These modifications may still not satisfy CJEU — which has the power to block the agreement vetting or invalidate it once again. 

  While these matters are getting hashed out, Google Analytics users, collecting data about EU citizens and/or residents, remain on slippery grounds. As long as they use GA4, they can be subject to GDPR-related lawsuits. 

  To Sum It Up 

  • Google Analytics 4 and Google Universal Analytics are not GDPR compliant because of Privacy Shield invalidation in 2020. 
  • French and Austrian data watchdogs named Google Analytics operations “illegal”. Swedish, Dutch and Norwegian authorities also claim it’s in breach of GDPR. 
  • Any website using GA for collecting data about European citizens and/or residents can be taken to court for GDPR violations (which is already happening). 
  • Privacy Shield 2.0 Framework discussions to regulate EU-US data transfers have only begun and may take years. Even if accepted, the new framework(s) may once again be invalidated by local data regulators as has already happened in the past. 

  Time to Get a GDPR Compliant Google Analytics Alternative 

  Retaining 100% data ownership is the optimal path to GDPR compliance.

  By selecting a transparent web analytics solution that offers 100% data ownership, you can rest assured that no “behind the scenes” data collection, processing or transfers take place. 

  Unlike Google Analytics 4, Matomo offers all of the features you need to be GDPR compliant : 

  • Full data anonymisation 
  • Single-purpose data usage 
  • Easy consent and an opt-out mechanism 
  • First-party cookies usage by default 
  • Simple access to collect data 
  • Fast data removals 
  • EU-based data storage for Matomo Cloud (or storage in the country of your choice with Matomo On-Premise)

  Learn about your audiences in a privacy-centred way and protect your business against unnecessary legal exposure. 

  Start your 21-day free trial (no credit card required) to see how fully GDPR-compliant website analytics works ! 

  21 day free trial. No credit card required.

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• avformat/dashdec : Check whitelist

  15 janvier, par Michael Niedermayer

  avformat/dashdec : Check whitelist
  Fixes : CVE-2023-6602, V. DASH Playlist SSRF
  Found-by : Harvey Phillips of Amazon Element55 (element55)
  
  Signed-off-by : Michael Niedermayer <michael@niedermayer.cc>
  

  • [DH] libavformat/dashdec.c

• A Guide to GDPR Sensitive Personal Data

  13 mai 2024, par Erin

  The General Data Protection Regulation (GDPR) is one of the world’s most stringent data protection laws. It provides a legal framework for collection and processing of the personal data of EU individuals.

  The GDPR distinguishes between “special categories of personal data” (also referred to as “sensitive”) and other personal data and imposes stricter requirements on collection and processing of sensitive data. Understanding these differences will help your company comply with the requirements and avoid heavy penalties.

  In this article, we’ll explain what personal data is considered “sensitive” according to the GDPR. We’ll also examine how a web analytics solution like Matomo can help you maintain compliance.

  What is sensitive personal data ?

  The following categories of data are treated as sensitive :

  1. 1. Personal data revealing :
        • Racial or ethnic origin ;
        • Political opinions ;
        • Religious or philosophical beliefs ;
        • Trade union membership ;
     2. Genetic and biometric data ;
     3. Data concerning a person’s :
        • Health ; or
        • Sex life or sexual orientation.

  

  Sensitive vs. non-sensitive personal data : What’s the difference ?

  While both categories include information about an individual, sensitive data is seen as more private, or requiring a greater protection. 

  Sensitive data often carries a higher degree of risk and harm to the data subject, if the data is exposed. For example, a data breach exposing health records could lead to discrimination for the individuals involved. An insurance company could use the information to increase premiums or deny coverage. 

  In contrast, personal data like name or gender is considered less sensitive because it doesn’t carry the same degree of harm as sensitive data. 

  Unauthorised access to someone’s name alone is less likely to harm them or infringe on their fundamental rights and freedoms than an unauthorised access to their health records or biometric data. Note that financial information (e.g. credit card details) does not fall into the special categories of data.

  

  Legality of processing

  Under the GDPR, both sensitive and nonsensitive personal data are protected. However, the rules and conditions for processing sensitive data are more stringent.

  Article 6 deals with processing of non-sensitive data and it states that processing is lawful if one of the six lawful bases for processing applies. 

  In contrast, Art. 9 of the GDPR states that processing of sensitive data is prohibited as a rule, but provides ten exceptions. 

  It is important to note that the lawful bases in Art. 6 are not the same as exceptions in Art. 9. For example, while performance of a contract or legitimate interest of the controller are a lawful basis for processing non-sensitive personal data, they are not included as an exception in Art. 9. What follows is that controllers are not permitted to process sensitive data on the basis of contract or legitimate interest. 

  The exceptions where processing of sensitive personal data is permitted (subject to additional requirements) are : 

  • Explicit consent : The individual has given explicit consent to processing their sensitive personal data for specified purpose(s), except where an EU member state prohibits such consent. See below for more information about explicit consent. 
  • Employment, social security or social protection : Processing sensitive data is necessary to perform tasks under employment, social security or social protection law.
  • Vital interests : Processing sensitive data is necessary to protect the interests of a data subject or if the individual is physically or legally incapable of consenting. 
  • Non-for-profit bodies : Foundations, associations or nonprofits with a political, philosophical, religious or trade union aim may process the sensitive data of their members or those they are in regular contact with, in connection with their purposes (and no disclosure of the data is permitted outside the organisation, without the data subject’s consent).
  • Made public : In some cases, it may be permissible to process the sensitive data of a data subject if the individual has already made it public and accessible. 
  • Legal claims : Processing sensitive data is necessary to establish, exercise or defend legal claims, including legal or in court proceedings.
  • Public interest : Processing is necessary for reasons of substantial public interest, like preventing unlawful acts or protecting the public.
  • Health or social care : Processing special category data is necessary for : preventative or occupational medicine, providing health and social care, medical diagnosis or managing healthcare systems.
  • Public health : It is permissible to process sensitive data for public health reasons, like protecting against cross-border threats to health or ensuring the safety of medicinal products or medical devices. 
  • Archiving, research and statistics : You may process sensitive data if it’s done for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes.

  In addition, you must adhere to all data handling requirements set by the GDPR.

  Important : Note that for any data sent that you are processing, you always need to identify a lawful basis under Art. 6. In addition, if the data sent contains sensitive data, you must comply with Art. 9.

  Explicit consent

  While consent is a valid lawful basis for processing non-sensitive personal data, controllers are permitted to process sensitive data only with an “explicit consent” of the data subject.

  The GDPR does not define “explicit” consent, but it is accepted that it must meet all Art. 7 conditions for consent, at a higher threshold. To be “explicit” a consent requires a clear statement (oral or written) of the data subject. Consent inferred from the data subject’s actions does not meet the threshold. 

  The controller must retain records of the explicit consent and provide appropriate consent withdrawal method to allow the data subject to exercise their rights.

  Examples of compliant and non-compliant sensitive data processing

  Here are examples of when you can and can’t process sensitive data :

  • When you can process sensitive data : A doctor logs sensitive data about a patient, including their name, symptoms and medicine prescribed. The hospital can process this data to provide appropriate medical care to their patients. An IoT device and software manufacturer processes their customers’ health data based on explicit consent of each customer. 
  • When you can’t process sensitive data : One example is when you don’t have explicit consent from a data subject. Another is when there’s no lawful basis for processing it or you are collecting personal data you simply do not need. For example, you don’t need your customer’s ethnic origin to fulfil an online order.

  Other implications of processing sensitive data

  If you process sensitive data, especially on a large scale, GDPR imposes additional requirements, such as having Data Privacy Impact Assessments, appointing Data Protection Officers and EU Representatives, if you are a controller based outside the EU.

  Penalties for GDPR non-compliance

  Mishandling sensitive data (or processing it when you’re not allowed to) can result in huge penalties. There are two tiers of GDPR fines :

  • €10 million or 2% of a company’s annual revenue for less severe infringements
  • €20 million or 4% of a company’s annual revenue for more severe infringements

  In the first half of 2023 alone, fines imposed in the EU due to GDPR violations exceeded €1.6 billion, up from €73 million in 2019.

  Examples of high-profile violations in the last few years include :

  • Amazon : The Luxembourg National Commission fined the retail giant with a massive $887 million fine in 2021 for not processing personal data per the GDPR. 
  • Google : The National Data Protection Commission (CNIL) fined Google €50 million for not getting proper consent to display personalised ads.
  • H&M : The Hamburg Commissioner for Data Protection and Freedom of Information hit the multinational clothing company with a €35.3 million fine in 2020 for unlawfully gathering and storing employees’ data in its service centre.

  One of the criteria that affects the severity of a fine is “data category” — the type of personal data being processed. Companies need to take extra precautions with sensitive data, or they risk receiving more severe penalties.

  What’s more, GDPR violations can negatively affect your brand’s reputation and cause you to lose business opportunities from consumers concerned about your data practices. 76% of consumers indicated they wouldn’t buy from companies they don’t trust with their personal data.

  Organisations should lay out their data practices in simple terms and make this information easily accessible so customers know how their data is being handled.

  Get started with GDPR-compliant web analytics

  The GDPR offers a framework for securing and protecting personal data. But it also distinguishes between sensitive and non-sensitive data. Understanding these differences and applying the lawful basis for processing this data type will help ensure compliance.

  Looking for a GDPR-compliant web analytics solution ?

  At Matomo, we take data privacy seriously. 

  Our platform ensures 100% data ownership, putting you in complete control of your data. Unlike other web analytics solutions, your data remains solely yours and isn’t sold or auctioned off to advertisers. 

  Additionally, with Matomo, you can be confident in the accuracy of the insights you receive, as we provide reliable, unsampled data.

  Matomo also fully complies with GDPR and other data privacy laws like CCPA, LGPD and more.

  Start your 21-day free trial today ; no credit card required. 

  Disclaimer

  We are not lawyers and don’t claim to be. The information provided here is to help give an introduction to GDPR. We encourage every business and website to take data privacy seriously and discuss these issues with your lawyer if you have any concerns.

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