November 30, 2022

Volume XII, Number 334

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Danish DPA Declares Use of Google Analytics Unlawful Without Supplementary Measures

On September 21, 2022, Denmark’s data protection authority Datatilsynet (“Danish DPA”) announced its guidance that Google Analytics, Google’s audience measurement tool, is not compliant with the EU General Data Protection Regulation (“GDPR”), as the tool transfers personal data to the United States which, following Schrems II, does not offer an adequate level of data protection.

EU data protection authorities are cooperating through the European Data Protection Board on the treatment of Google Analytics. The Danish DPA’s decision follows similar decisions by EU data protection authorities in AustriaFrance, and Italy.

Under the Danish DPA’s guidance, organizations must assess whether their current use of Google Analytics complies with EU data protection law. If their use does not comply, then they must either remediate the noncompliance with supplementary measures or cease using the tool. The Danish DPA highlighted pseudonymization by “reverse proxy” as a possible technical supplementary measure, along with recent guidance by the French data protection authority, CNIL.

The Danish DPA has also posted an FAQ with more information on Google Analytics.

Copyright © 2022, Hunton Andrews Kurth LLP. All Rights Reserved.National Law Review, Volume XII, Number 266
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About this Author

In today’s digital economy, companies face unprecedented challenges in managing privacy and cybersecurity risks associated with the collection, use and disclosure of personal information about their customers and employees. The complex framework of global legal requirements impacting the collection, use and disclosure of personal information makes it imperative that modern businesses have a sophisticated understanding of the issues if they want to effectively compete in today’s economy.

Hunton Andrews Kurth LLP’s privacy and cybersecurity practice helps companies manage data and...

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