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• CJEU rules US cloud servers don’t comply with GDPR and what this means for web analytics

  17 juillet 2020, par Jake Thornton
  Breaking news : On July 16, 2020, the Court of Justice of the European Union (CJEU) has ruled that any cloud services hosted in the US are incapable of complying with the GDPR and EU privacy laws.

  In August 2016, the EU-US Privacy Shield framework came into effect, which “protects the fundamental rights of anyone in the EU whose personal data is transferred to the United States for commercial purposes. It allows the free transfer of data to companies that are certified in the US under the Privacy Shield.” – European Commission website

  However after today’s CJEU ruling, this Privacy Shield framework became invalidated due to significant differences between EU and US privacy laws.

  European privacy law activist Max Schrems summarises with “The Court clarified for a second time now that there is a clash between EU privacy law and US surveillance law. As the EU will not change its fundamental rights to please the NSA, the only way to overcome this clash is for the US to introduce solid privacy rights for all people – including foreigners. Surveillance reform thereby becomes crucial for the business interests of Silicon Valley.” – noyb website

  Today’s ruling also continues to spark concern into the legitimacy of US privacy laws which doesn’t fully protect people’s personal data when hosted on cloud servers based in the US.

  

  How will this affect you ?

  For any business operating a website in the EU or if you have traffic coming to your website from EU visitors, you need to know what data you’re capturing and where this data is being stored.

  Here’s what Maja Smoltczyk (Berlin’s Commissioner for Data Protection and Freedom of Information) says :

  Controllers who transfer personal data to the USA, especially when using cloud-based services, are now required to switch immediately to service providers based in the European Union or a country that can
  ensure an adequate level of data protection. The CJEU has made it refreshingly clear that data exports are not just financial decisions, as people’s fundamental rights must also be considered as a matter of priority. This ruling will put
  an end to the transfer of personal data to the USA for the sake of convenience or to cut costs.

  The controller is you (not Google) and by transferring data to the US you are at risk of being fined up to €20 million or 4% of your annual worldwide turnover for not being GDPR compliant. 

  It’s you who has to take action, not Google or other US companies. The court’s decision has immediate effect. While we assume there will be a grace period, companies should act now as finding and implementing alternatives solution can take a while. 

  Can no data be exported outside the EU anymore ?

  Data can still be exported outside the EU if an adequate level of data protection is guaranteed. This is the case for some trading partners of the EU such as New Zealand, Japan, Switzerland, and Canada. They have been certified by the EU as having a comparable level of privacy protection and therefore demonstrate adequacy at a country level.

  Necessary data can still flow to countries like the US too. This is for example the case when someone books a hotel in the US or when sending an email to someone in the US. Backups for disaster recovery and most other reasons don’t qualify as necessary.

  In all other cases you can still send data to countries like the US if you get explicit and informed consent from a user. Meaning the user has been informed about all possible risks of sending the data to the US and who can access the data (for example the US government).

  How this affects Google Analytics and Google Tag Manager users

  If your website is using Google Analytics, the safest bet is to deactivate it immediately. Otherwise, you must ask for consent from everyone who visits your website and inform them that the data will be processed in the United States under less strict privacy laws and all associated risks. If you don’t, you could be liable to privacy law infringements and face being fined for not complying with the GDPR. This also applies to Google Tag Manager as it transfers the IP address to the US which is considered personal data under the GDPR.

  Consent needs to be :

  • Freely given (the user must have a choice to not give consent and be able to opt out at any time) 
  • Informed (you need to disclose who is processing the data, what data is processed, where the data will be stored and how to opt out) 
  • Specific (consent is only valid for the specific informed purpose) 
  • Unambiguous (for example pre-ticked boxes or similar aren’t allowed)

  

  If users don’t give you consent, you are not allowed to track them using Google Analytics or any other US based cloud solution.

  Update August 19, 2020

  A month after this ruling, over 100 complaints have been filed against websites for continuing to send data to the US via Google Analytics or Facebook, by the European privacy campaign group noyb. It’s clear Google and Facebook fall under US surveillance laws such as FISA 702 and the court clearly ruled these companies cannot rely on SCCs to transfer data to the US. Anyone still using Google Analytics is now at risk of facing fines and compensation damages. 

  How this affects Matomo users

  Our cloud servers are based in Germany.

  Matomo On-Premise users choose the location of their data themselves. If the servers are located in the EU nothing changes. If the servers are located outside the EU and the website targets EU users and tracks personal data, then you need to assess whether you are required to ask for tracking consent.

  If the data is stored inside the EU you can use Matomo without asking for any consent and you can continue tracking users even if they reject a consent screen which greatly increases the quality of your data.

  Want to avoid informing users about transferring their data to the US and all associated risks ?

  Try Matomo now for free ! No credit card required.

  Download Matomo

• 12 ways Matomo Analytics helps you to protect your visitor’s privacy

  5 mai 2020, par InnoCraft — Analytics Tips, Privacy, Security

  This post was originally published on January 11, 2017, and updated on May, 2020.

  At Matomo we think privacy matters. From the beginning, Matomo has had a strong focus on privacy and ensuring the privacy of your visitors and analytics data. 

  Here are some ways how you can ensure your users and visitors privacy by using Matomo (Piwik).

  1. Owning the data gives you power to protect user privacy

  Whether you host Matomo on-premises yourself, or whether you use Matomo’s cloud, YOU keep control of your data and nobody else. By knowing exactly where your data is stored and having full control over what happens to it, you have the power to protect your user’s privacy. No-one else can claim ownership. 

  2. GDPR compliance

  GDPR is one of the most important privacy laws to have come out in the last few years. As such, Matomo takes GDPR compliance very seriously. There’s even a 12-step checklist for you to follow to ensure your Matomo is GDPR compliant. Not only that Matomo is HIPAA, CCPA, LGPD, and PECR compliant.

  3. Data anonymization

  For better privacy by default, Matomo implements a range of data anonymization techniques. One of the main techniques is not recording the full IP address of your visitors. Some countries even require you to anonymize additional info considered Personally Identifiable Information (PII).

  To change the IP anonymization settings go to “Administration > Privacy”. 

  

  4. Configuring Matomo to not process personal data or personally identifiable information (PII)

  To further protect the privacy of your visitors, you can learn how to not process any personal information or PII. 

  5. Deleting old visitor logs

  The is important because visitor logs contain information all the collected raw data about every visitor and every action. You can configure Matomo to automatically delete logs from the database. When you delete old logs, only the real time and visitor log reports will no longer work for this old time period, all other aggregated reports will still work.

  For privacy reasons, we highly recommend that you keep the detailed Matomo logs for only 3 to 6 months and delete older log data. This has one other nice side effect : it will free significant database space, which will, in turn, slightly increase performance !

  

  6. Supporting the Do Not Track preference

  Do Not Track enables users to opt out of any tracking by websites they do not visit, including analytics services, advertising networks, and social platforms. By default, Matomo respects users preference and will not track visitors which have specified “I do not want to be tracked” in their web browsers. Get more information about DoNotTrack.

  To make sure Do Not Track is respected, go to “Administration => Privacy”.

  7. Including an Opt-Out Feature on your website or app

  By embedding the Opt-Out feature in your website, you give your visitors the possibility to opt-out of the tracking. When you go to “Administration > Privacy”, you will be able to copy and paste an HTML Iframe code to embed the opt-out feature for example into your privacy policy page or in your ‘Legal’ page. Your users can then click on a link to opt-out.

  On the Matomo Marketplace there are also some plugins available to customize the Opt-Out experience. For example AjaxOptOut and CustomOptOut.

  

  8. Disabling Live features

  The Real-Time, Visitor Log and Visitor Profile features give you insights into the tracked raw data by showing you details about every visitor and every action they performed. To protect the privacy of your visitors you may decide to prevent access to such features by disabling the “Live” plugin in “Administration => Plugins”. This way only aggregated reports will be shown in your Matomo.

  9. Disabling fingerprinting across websites

  By default, when one of your visitors visits several of your websites, Matomo will create a fingerprint for this user that will be different across the websites to increase the visitors’ privacy. You can make sure that this feature is disabled by going to “Administration => Config file” and verifying that the value of “enable_fingerprinting_across_websites” is set to zero.

  10. Disabling tracking cookies

  Matomo uses first-party cookies to store some information about visitors between visits. In some countries, the legislation requires websites to provide a way for users to opt-out of all tracking, in particular tracking cookies. You can disable cookies by adding one line in the Matomo Javascript code.

  11. Creating the tool of your dreams by developing your own plugins and getting access to the API

  Matomo is an open platform that lets you extend and customise the tracking ; reporting ; and user interface to your needs and to protect your visitors’ privacy the way you want or need it. Learn more in the Matomo Developer Zone. You may also have a look at our Matomo Marketplace where you can find several free and premium features to extend your Matomo.

  12. Transparency

  By default, all information and all collected data in your Matomo server are protected and nobody can access it. However, Matomo allows you to optionally make your collected data public and you can export any Matomo report including the whole dashboard to embed it into your website. This way you can show your users exactly which information you track. When you decide to make reports public, we do our best to protect privacy and automatically hide any Personally Identifiable Information such as the Visitor Profile and we make sure to not show any Visitor IP address and the Visitor ID.

  Bonus tip – A privacy policy template for you

  When you use Matomo to track your visitors, we recommend you update your Privacy Policy to explain how Matomo is used and what data it gathers. Here’s a Privacy Policy template for you to copy on your site.

  Continuous privacy improvements

  We are always interested in improving the privacy. If you miss any feature or have an idea on how to improve the privacy, please let us know.

  More information about all the Matomo features

  If you want to learn more about all the features in Matomo, have a look at our User Guides and FAQ entries.

• About image opacity

  23 octobre 2013, par Mikko Koppanen — Imagick

  There is a common misconception that Imagick::setImageOpacity() would work to reduce the opacity of the image. However, as the name says the method actually sets the opacity throughout the image and thus affects also transparent areas.

  To demonstrate let’s first look at this image of a red circle on a transparent background :

  

  Now, let’s apply setImageOpacity on the image :

  php

  < view plain text >

  1. < ?php
  2. $im = new Imagick (’red-circle.png’) ;
  3. $im->setImageOpacity (0.5) ;
  4. $im->writeImage (’red-circle-setopacity.png’) ;
  5.  ?>

  

  As we can see from the resulting image the transparent background is affected as well.

  In order to actually reduce the opacity of the opaque parts Imagick::evaluateImage can be used instead :

  php

  < view plain text >

  1. < ?php
  2. $im = new Imagick (’red-circle.png’) ;
  3.  
  4. /* Divide the alpha channel value by 2 */
  5. $im->evaluateImage(Imagick: :EVALUATE_DIVIDE, 2, Imagick: :CHANNEL_ALPHA) ;
  6. $im->writeImage (’red-circle-divide.png’) ;
  7.  ?>

  And here are the results :

  

  As the background is already fully transparent so the divide operation causes no changes to it.

  Similar example is available in the PHP manual http://php.net/imagick.evaluateimage and I added a note to setImageOpacity page as well (at the time of writing it has not synced to documentation mirrors yet).