EU-US Data Transfer Agreement: Is it Okay to use Google Analytics now?

A laptop on a small table. Screen has a global map on it with a lockpad in the foreground. Symbolizes international online privacy

On July 10, 2023, the European Commission announced a groundbreaking decision that redefines the rules for transferring data of EU citizens to the US. This decision has significant implications for businesses using services like Google Analytics, as it opens up new possibilities and resolves legal uncertainties surrounding data privacy.

This does not affect US companies targeting US clientele. It does affect US companies doing business internationally and their ability to collect website data.

Understanding the Implications

For the past few years, the use of Google Analytics and similar tools has been restricted and borderline illegal in the European union. This was due to the lack of a regulatory framework regarding the transfer of personal data from the EU to the US which created legal concerns regarding data privacy. However, with the new adequacy decision on the EU-US Data Privacy Framework (DPF), personal data transfers are now regulated, providing clarity to businesses and users alike.

The Self-Certification Process

To resume data flows, US-based service providers, including Google, must self-certify with the EU-US DPF. This process ensures that the service providers comply with the privacy requirements and regulations outlined in the framework. While we eagerly await completion of this self-certification process, the implications for website owners and users of Google Analytics are promising.

Google Analytics 4 and Privacy-Focused Changes

It is crucial to note that Google Analytics 4 (GA4) is not just an iteration of its predecessor, Universal Analytics; it represents a complete overhaul. GA4 incorporates several privacy-focused changes, including discontinuing the collection of IP addresses, which is a key modification enabling compliance with the General Data Protection Regulation (GDPR). Additionally, GA4 introduces changes in data storage duration, the implementation of Google Consent Mode, and improved personal data deletion mechanisms.

To learn more about the relationship between Google Analytics 4 and GDPR, we recommend visiting the following page: Google Analytics 4 and GDPR.

Importance of Privacy Policies and Compliance

In this evolving landscape of data privacy regulations, having a comprehensive privacy policy is crucial for businesses. Keeping up with changing laws ensures that your organization remains compliant and respects user privacy. If you need help creating and maintaining a privacy policy for your website, we recommend seeking legal advice from a professional. If you don’t have a legal professional, you can try privacy policy services such as Termaggedon (our preferred choice, this is an affiliate link), Iubenda, or Termly.

Emphasis LA and Google Analytics

At Emphasis LA, we predominantly serve US-based small businesses with lean budgets, and thus, the impact of this restriction on European customers has been minimal. However, we are delighted that the new agreement will enable us to use Google Analytics on any future projects involving European clientele. Google Analytics remains our preferred tool for measuring website data due to its reliability, widespread adoption, and cost-effectiveness (free).

The recent agreement on EU-US data transfers brings optimism for website owners, as it paves the way for the resumption of services like Google Analytics. While awaiting the completion of the self-certification process, businesses should update their privacy policies to align with the evolving privacy landscape. There may be some legal challenges in the works which could affect the final outcome. At Emphasis LA, we are excited about the future possibilities and eager to leverage the power of Google Analytics for our clients’ success.

We’d love to have a discussion with you on how your website is protecting your visitors’ privacy.