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BayLDA takes action against websites with Google Analytics

This post is also available in: Deutsch

Those who operate a website usually want to know how often it is visited, whether there are regular users, from which countries they come and what the usage behavior is on the site.

There are also some entries on this topic on my blog.

However, if the user behavior is not only used for its own purposes, but is transferred to other places in order to be used to create a comprehensive “internet profile” of the website visitor, one speaks of tracking; and according to the Bavarian State Office for Data Protection, website operators require the consent of website visitors.

Consent is only available and is only effective if the users are fully informed about the planned processing of their user data (e.g. who receives which data for what purpose) and then have clearly consented. In other words, effective consent requires an active action by the user. This is in line with the current development on cookies(see my articles on this here).

Many website operators refer to old, long outdated and withdrawn publications when integrating Google Analytics or comparable analysis tools. However, the product Google Analytics has been developed in recent years in such a way that Google grants itself the right to use the data of website visitors for its own purposes.

Therefore, those who use functions that require consent may no longer use these functions with website visitors until they have declared effective consent.

Website operators who track users without consent commit a data breach, which can be punished with a hefty fine. From the current advance of the BayLDA it can be seen that this will soon also take action against Google Analytics violations itself. Competitors are already doing this by means of warnings.

Marian Härtel

Marian Härtel

Marian Härtel is a lawyer and entrepreneur specializing in copyright law, competition law and IT/IP law, with a focus on games, esports, media and blockchain.


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