German Data Protection Conference reassesses the use of Google Analytics under the GDPR
The German Data Protection Conference (Deutsche Datenschutzkonferenz (DSK)), the Conference of Independent Data Protection Authorities of the Federal Government and the States (Länder) in Germany, has published an updated guidance on the use of Google Analytics in the non-public sector. The tracking tool Google Analytics may be used for data traffic analysis of websites. The tool also examines the origin of website visitors, their length of stay on individual websites and the visitor’s search engine usage. Google Analytics thus allows, among other things, a measurement of the effectiveness of advertising campaigns.
The DSK adapted its guidance to the current legal situation in view of the entry into force of the EU General Data Protection Regulation (GDPR) two years ago. The DSK states that personal data of website users are always processed by using Google Analytics. In addition, Google and the user of Google Analytics would be jointly responsible for data processing. Furthermore, the use of the tool would require the consent of website users. For implementation of its guidance, the DSK proposes concrete measures and discusses, inter alia, how a valid consent may be obtained or what requirements for revocation must be met.