Post by OSWorX » Thu Jan 20, 2022 6:28 pm

The Austrian Data Protection Authority (“Datenschutzbehörde” or “DSB” or “DPA”) has ruled that Austrian website providers using Google Analytics are in violation of the GDPR.
In short: based on a court decision from 2020 (known as "Schrems2") the EC Court decided, that Websites in Austria using Google Analytics are violating the GDPR.
Read more about this in the Matomo News

2 days before, the German Data Protection Board came to the same advice:
Zu beachten ist, dass der reine Abschluss von Standarddatenschutzklauseln wie den von der EU-Kommission beschlossenen Standardvertragsklauseln nicht ausreicht. Es ist darüber hinaus im Einzelfall zu prüfen, ob das Recht oder die Praxis des Drittlandes den durch die Standardvertragsklauseln garantieren Schutz beeinträchtigen und ob ggf. ergänzende Maßnahmen zur Einhaltung dieses Schutzniveaus zu treffen sind. Eine detaillierte Anleitung zum Vorgehen bei der erforderlichen Prüfung hat der Europäische Datenschutzausschuss veröffentlicht. Gerade im Zusammenhang mit der Einbindung von Dritt-Inhalten und der Nutzung von Tracking-Dienstleistungen werden allerdings oft keine ausreichenden ergänzenden Maßnahmen möglich sein. In diesem Fall dürfen die betroffenen Dienste nicht genutzt, also auch nicht in die Webseite eingebunden werden. Personenbezogene Daten, die im Zusammenhang mit der regelmäßigen Nachverfolgung von Nutzerverhalten auf Webseiten oder in Apps verarbeitet werden, können grundsätzlich nicht auf Grundlage einer Einwilligung nach Art. 49 Abs. 1 lit. a DS-GVO in ein Drittland übermittelt werden. Umfang und Regelmäßigkeit solcher Transfers widersprechen regelmäßig dem Charakter des Art. 49 DS-GVO als Ausnahmevorschrift und den Anforderungen aus Art. 44 S. 2 DS-GVO.
Netherlands Autoriteit Persoonsgegevens (AP) published a warning on the 13rd January 2022 to use GA.
Read also: https://www.autoriteitpersoonsgegevens. ... nil_en.pdf

Update 2022.02.12:
The French Data Protection Agency, CNIL (Commission nationale de l’informatique et des libertés), has concluded that the use of Google Analytics is illegal under GDPR. The CNIL has begun issuing formal notices to website managers using Google Analytics.
https://www.cnil.fr/en/use-google-analy ... tor-comply

Can I use GA furthermore?
Under some conditions, the usage is possible.
Read more about how here: https://www.datenschutz.org/google-anal ... tenschutz/ (in German)

Fines
Not following the rules, can lead to fines up to 250.000,- Euro

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Post by paulfeakins » Fri Jan 21, 2022 7:45 pm

OSWorX wrote:
Thu Jan 20, 2022 6:28 pm
the EC Court decided, that Websites in Austria using Google Analytics are violating the GDPR.
Gotta love the EU and its pointless red tape.

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Post by OSWorX » Fri Jan 21, 2022 8:27 pm

paulfeakins wrote:
Fri Jan 21, 2022 7:45 pm
Gotta love the EU and its pointless red tape.
Not again .. we had this already.
But what do you think how we are happy not having such clowns like your current "Primeminister" ..

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Post by mikeinterserv » Thu Feb 03, 2022 7:35 am

OSWorX wrote:
Fri Jan 21, 2022 8:27 pm
Not again .. we had this already.
But what do you think how we are happy not having such clowns like your current "Primeminister" ..
Prefer a clown show to outright dictators FORCING injections into people - You have serious problems where you are.

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Post by Marketing.digital » Mon Feb 07, 2022 7:37 pm

I stumbled upon this post by chance and was very surprised! It is impossible for all sites to remove GG analytics. It's like trying to drive a car without a dashboard... ???


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Post by OSWorX » Mon Feb 07, 2022 8:31 pm

Marketing.digital wrote:
Mon Feb 07, 2022 7:37 pm
I stumbled upon this post by chance and was very surprised! It is impossible for all sites to remove GG analytics. It's like trying to drive a car without a dashboard... ???
What kind of stupid statement is this?
There are already alternatives exisiting (which follow all rules), therefore GA is not required to gather any data (and sharing them with this data leech).

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Post by yooteedee » Tue Feb 15, 2022 9:17 am

mikeinterserv wrote:
Thu Feb 03, 2022 7:35 am
OSWorX wrote:
Fri Jan 21, 2022 8:27 pm
Not again .. we had this already.
But what do you think how we are happy not having such clowns like your current "Primeminister" ..
Prefer a clown show to outright dictators FORCING injections into people - You have serious problems where you are.
Well said (mikes last statement)!
It is good to see this happening to Google, they have been part of a bigger problem for some time now.
I'd like to see less incorporation of Google into a base OpenCart installation.
Leave that to addons/plugins if someone really wants that kind of intrusion on themselves and their users.

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Post by OSWorX » Tue Feb 15, 2022 1:56 pm

mikeinterserv wrote:
Thu Feb 03, 2022 7:35 am
Prefer a clown show to outright dictators FORCING injections into people - You have serious problems where you are.
But compared to your "clown" country, we here have enough "toilet paper" ..
And reg. "forcing": did'nt this clown lying about the "Brexit" (facts) a few years ago?

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Post by tdaubs » Wed Feb 16, 2022 4:54 am

I've moved over some sites to self-hosted Matomo and will probably move more. The system is pretty good for the price of free. In addition, the greatest stat that made Google Analytics so good was the one that displayed the phrase used in the search... which Google no longer provides. So moving to Matomo makes sense for some of us.

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Post by thekrotek » Thu Mar 03, 2022 5:16 pm

I'm glad I decided to ignore all this GDPR crap and will never add it to my site. Not every stupid law has to be followed. If only more people tried to think before mindlessly adding stupid cookie warnings, we'd never had things like described in this topic.

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Post by OSWorX » Thu Mar 03, 2022 6:14 pm

thekrotek wrote:
Thu Mar 03, 2022 5:16 pm
I'm glad I decided to ignore all this GDPR crap and will never add it to my site. Not every stupid law has to be followed.
This "grap" is only the result of years of stupid "guidelines" created by marketing companies and so called "search engines" follwed by also stupid website owners wicked to earn a few Cents.

The GDPR, CCPA, LGPD, POPI and others would have been not created and exist, if the "Industry" would have been not exceeded would should be "free for everyone".
And if that industry would not been dealing with private and personal datas to make profit and more profit!

You can ignore whatever you want, finally it's your money you have to pay.
But in the case you ever will have clients and create websites for them , then you are the man/company who can pay those penalties for them - if you do not follow the laws.

That's the reality.

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Post by thekrotek » Thu Mar 03, 2022 6:20 pm

OSWorX wrote:
Thu Mar 03, 2022 6:14 pm
That's the reality.
This is YOUR reality and yes, I know you're one of those who will follow any law no matter how stupid it is. Not interested to talking to you, sorry. I like talking to free-minded people, not robots following commands.

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Post by thekrotek » Thu Mar 03, 2022 6:22 pm

Regarding the topic, I can only repeat what I said before: fight for your rights, stop the mad politicians issuing dumb laws which only make life harder. The more will say "No" to this, the more chances this dumb trend which started with cookie warning will end.

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Post by OSWorX » Thu Mar 03, 2022 6:49 pm

thekrotek wrote:
Thu Mar 03, 2022 6:20 pm
OSWorX wrote:
Thu Mar 03, 2022 6:14 pm
That's the reality.
This is YOUR reality ...
No, not mine - I have not made those stupid laws.
I ( and my own company) are only one of those, who have to follow those stupid rules to prevent our clients to get punished (when they do not follow those laws).

thekrotek wrote:
Thu Mar 03, 2022 6:20 pm
.. and yes, I know you're one of those who will follow any law no matter how stupid it is. Not interested to talking to you, sorry. I like talking to free-minded people, not robots following commands.
Sorry mate, but YOU have "highjacked" this thread - nobody told you to add your useless comments!
No reason to say sorry, your decision, your opinion - so better shut off.

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Post by akumar22 » Mon Apr 25, 2022 3:28 pm

So, is there any penalty or fine some sort of if a website is in violation of the GDPR?

Also, if we tell the visitors that we are using cookies and you can select whether to allow them or not, then still we are in violation of the rules?
Last edited by akumar22 on Fri May 13, 2022 1:14 pm, edited 2 times in total.

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Post by OSWorX » Mon Apr 25, 2022 4:45 pm

akumar22 wrote:
Mon Apr 25, 2022 3:28 pm
So, is there any penalty or fine some sort of if a website is in violation of the GDPR?
See yourself: https://gdpr.eu/fines/
And learn what the GDPR is and how to use the rules correct: https://eur-lex.europa.eu/eli/reg/2016/679/oj
akumar22 wrote:
Mon Apr 25, 2022 3:28 pm
Also, if we tell the visitors that we are using cookies and you can select whether to allow them or not, then still we are in violation according to the new rules?
New is good, the GDPR is valid since 2018!

And, WHEN you are using cookies (which is basically not required, even not in a webshops), then you have to inform your visitiors about them.
And, these visitors must have the option to choose if they want to accept cookies or not.
This so called Consent has to be recorded additonally and respected when this visitor comes again.

If all rules are respected, no violation is done.

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Post by straightlight » Tue Apr 26, 2022 1:11 am

OSWorX wrote:
Mon Apr 25, 2022 4:45 pm
akumar22 wrote:
Mon Apr 25, 2022 3:28 pm
So, is there any penalty or fine some sort of if a website is in violation of the GDPR?
See yourself: https://gdpr.eu/fines/
And learn what the GDPR is and how to use the rules correct: https://eur-lex.europa.eu/eli/reg/2016/679/oj
akumar22 wrote:
Mon Apr 25, 2022 3:28 pm
Also, if we tell the visitors that we are using cookies and you can select whether to allow them or not, then still we are in violation according to the new rules?
New is good, the GDPR is valid since 2018!

And, WHEN you are using cookies (which is basically not required, even not in a webshops), then you have to inform your visitiors about them.
And, these visitors must have the option to choose if they want to accept cookies or not.
This so called Consent has to be recorded additonally and respected when this visitor comes again.

If all rules are respected, no violation is done.
Yet to be confirmed if, until when, rules are respected to avoid code violation.

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Post by akumar22 » Fri May 13, 2022 1:16 pm

Google might get what it wants, Google Analytics 4 a.k.a GA4 might have tricks to trick EU GDPR rules.

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Post by aaheem » Sat May 14, 2022 7:48 pm

"It's interesting to see that the different European Data Protection Authorities all come to the same conclusion: the use of Google Analytics is illegal. There is a European task force and we assume that this action is coordinated and other authorities will decide similarily.
Last edited by aaheem on Mon May 16, 2022 2:27 pm, edited 1 time in total.

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Post by straightlight » Sat May 14, 2022 9:44 pm

aaheem wrote:
Sat May 14, 2022 7:48 pm
"It's interesting to see that the different European Data Protection Authorities all come to the same conclusion: the use of Google Analytics is illegal. There is a European task force and we assume that this action is coordinated and other authorities will decide similarily.
Yup. They all follow along.

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