Dutch Web stores fear a ban on the use of Google Analytics. They worry about the economic consequences of a ban because there is no comparable and workable alternative. The e-commerce sector wants the EU and U.S. to reach agreements on data transfer as soon as possible.
So writes Thuiswinkel.org, the advocate of web shops, in a letter to the Ministry of Justice and Security (1).
The use of Google Analytics is coming under increasing pressure. In recent months, the Austrian, Norwegian and French regulators concluded that the use of Google's statistics and analysis program does not comply with the General Data Protection Regulation (AVG).. The program continuously collects IP addresses and cookie data from Internet users and forwards this data to U.S. servers.
Because the US does not offer the same level of protection as Europe, the European Court of Justice ruled in the summer of 2020 that the Privacy Shield - the treaty under which European and American companies exchanged data - is no longer legally valid. This means that personal data of European users can no longer be forwarded and stored to and by the U.S. unless there are agreements about this with model contracts. In practice, however, this hardly ever happens.
Because Google Analytics stores personal data on U.S. servers by default, the tech company is violating European privacy laws. That prompted Italian regulator GPDP to ban the use of Google Analytics. Companies and organizations were given 90 days last week to bring analyzing website visitors' behavior into compliance with the AVG.
In our country, too, the use of Google Analytics is keeping tempers high. Dutch online stores fear that a ban on the analytics and statistics program will have a major impact on online retailers. According to advocacy group Thuiswinkel.org, a ban would have "major economic consequences because companies would have no comparable and workable alternative to remain competitive online."
"As an advocate for the e-commerce sector in the Netherlands, we encourage the ministry to make secure data transfer between the U.S. and EU, with the right privacy settings, factually possible very soon," writes Thuiswinkel.org in a letter to the Ministry of Justice and Security. Dutch webshops say they are looking for a way to have their data processed responsibly by U.S. companies.
The French regulator CNIL's solution is considered "complex" by the advocacy group. The latter came up with the proposal earlier this month to exchange data via a proxy server. This acts as a sort of intermediate station between users and the Internet. A proxy server hides your IP address, your location and thus your identity.
This method is not a sustainable solution, according to Thuiswinkel.org. The advocate wants the EU and U.S. to reach agreements as soon as possible to regulate international data exchange between the two continents. "The agreement reached between the US and the EU on April 4, 2022 is a first good step, but it takes far too long for this agreement to become effective," the letter to the Ministry of Justice and Security reads.
Thuiswinkel.org refers to the agreement in principle between the European Commission and negotiators from the U.S. government. According to Euro Justice Commissioner Didier Reynders, the agreement is "a balanced and effective solution" to resume data sharing between Europe and the US. The agreements are not yet final, but the Eurocommissioner is confident that a balance between security and the right to privacy and data protection".
"On behalf of e-commerce companies in the Netherlands, we would like to see that transfer of personal data to the US and thus the use of Google Analytics remains possible with the right privacy settings. We therefore ask the Ministry to make secure data transfer between the US and EU factually possible very soon," Thuiswinkel.org ends its letter to the Ministry.
At the end of May, the Autoriteit Persoonsgegevens completed its investigation into Google Analytics completed. The findings are currently with the Enforcement Department, which will determine whether Google will actually be fined. In the course of the year, the regulator will present its conclusions.
