EU-DPA-Ruling-On-Google-Analytics
Google Analytics

Hungarian DPA Ordered a Halt Against Google Analytics Use

Feb 16, 2023
2 mins read

Hungarian Data Protection Authority ordered a weather forecast website to stop using Google Analytics. The prohibition resulted from the lack of safeguards for U.S. data transfers as required by Article 46 GDPR.

According to a recentGDPRtoday release (a newsletter by noyb), the Hungarian DPA might soon go against the use of Google Analytics. Furthermore, the DPA of other countries, such as Austria, France, Italy, and Denmark, have already ruled against Google Analytics use. The information is reliably coming from noyb (European Center for Digital Rights), which is directly involved in the case and represents the data subject.

The Facts

A data subject complained about a website controller with the  Hungarian DPA NAIH. The website controller used Google Analytics cookies on its weather forecast site. The data subject alleged the controller to have transferred personal data such as I.P. address to Google Ireland and subsequently to the U.S. Google LLC. According to the data subject, the controller was responsible for preventing personal data transfer to the U.S. based on  Schrems-II judgment.

The DPA has been requested by the data subject to:

In response, the website controller claimed that it had removed HTML codes or Google Analytics cookies from its website. The controller of the weather forecast website also declined any personal data transfers outside Europe. Nonetheless, during a test, the DPA found the controller's website used three cookies. The cookies were linked to Google's ad service resulting in data transmission to the U.S.

Implications

The DPA assessed the controller's GDPR compliance as it was based in Hungary. According to the E.U. interpretations, I.P. addresses are considered personal data. The DPA asked the controllers to stop the data transfers to a third country or international organization as it was not based on the provisions of Chapter V GDPR. However, the fine could not be imposed based on Hungarian national law.

The rulings are rooted in the Schrems II case, which led to the filing of 101 complaints against Google Analytics. All the complaints strictly call for establishing Schrems II's judgment.

Final Thoughts

The case under discussion is one of the many complaints lodged in 2020 by noyb (a privacy NGO), collectively known as 101 complaints on EU-US transfers. The nature of the complaint is similar to those filed by the Austrian, French, and Italian DPAs. This decision might resemble that of the other three DPAs because of a coordinated approach of DPAs toward 101 complaints. It means the use of Google Analytics will soon become unlawful in Hungary.

What can you do about it? Contrary to Google Analytics, Usermaven respects user privacy while website browsing and is fully GDPR compliant. If you aim to make your website visitor-friendly, try Usermaven for free.

You might be interested in...

Google Analytics
privacy friendly analytics

GA4 Limitations & the Call for an Alternative Analytics Tool

Introducing Google Analytics 4 (GA4), Google's latest web analytics service - designed to replace the older Universal Analytics (UA) platform.  Now, you must be wondering why. Well, the shift from UA to GA4 was fueled by the need for a more advanced and comprehensive analytics tool. One that could adapt to the changing demands within the business industry.  This transition has been gradual and is still ongoing, with a clear timeline, As stated by Google. “Starting on July 1, 2023, standa

Nov 15, 2023
Google Analytics
google analytics alternatives

Exploring the 13 Key Google Analytics Limitations

Starting July 1st, 2023, Universal Analytics (UA) stopped processing hits, including standard properties in accounts containing 360 properties. Businesses that use UA are left with no option other than migrating to an alternate analytics solution. While Google came up with a more advanced version of UA, called Google Analytics 4 (GA4), to replace it, the question is, is it really worth the trouble to go through such a rigorous transition only to find out that Google is again changing its ana

Jul 27, 2023
Google Analytics

GA4 vs. Universal Analytics + An even better Alternative

Google Analytics has been the analytics giant since 2005 and has gone through many versions, with Universal Analytics being the latest. Now Google Analytics is moving from Universal Analytics to GA4, but is it worth the shift or should you look for a better alternative altogether? Let's find out

May 2, 2023

Ready to start with a simple yet powerful analytics platform?

Suitable for all kinds of websites and SaaS businesses. Setting up your first dashboard takes only a few minutes.

No credit card required.