Google Analytics (GA) utilizes cookies such as _ga and _gid to distinguish individual users on a domain. These cookies are not classified as strictly necessary, thereby triggering the requirements stipulated by the General Data Protection Regulation (GDPR) and the ePrivacy Directive for explicit user consent prior to their deployment. This aligns with the principle that only strictly necessary cookies are exempt from consent obligations (European Parliament and Council, 2016).
Consent requirements vary by jurisdiction within the EU, as demonstrated by differing interpretations and enforcement by Data Protection Authorities (DPAs):
- The UK’s Information Commissioner’s Office (ICO) classifies analytics cookies as non-essential, explicitly requiring user consent before activating GA cookies (ICO, 2020).
- Germany’s DPA requires explicit consent for analytics cookies only if data is transferred to third parties, reflecting a more conditional approach (BfDI, 2021).
- Authorities such as the Austrian DPA, France’s CNIL, and Italy’s Garante have issued rulings that Google Analytics violates GDPR, notably due to data transfer issues and insufficient safeguards (CNIL, 2022; Garante, 2023).
These rulings focus on:
- Data transfers to third countries, particularly the US, which lack adequacy decisions under GDPR.
- Insufficient anonymization or pseudonymization of personal data transmitted to Google servers.
- Absence of valid legal bases for processing personal data via GA without explicit consent.
The implications for website operators are significant:
- They must obtain explicit informed consent before deploying GA cookies.
- They should assess whether their use of GA complies with jurisdiction-specific DPA guidelines.
- Alternatives or additional measures (e.g., server-side tracking, enhanced anonymization) may be necessary to ensure compliance.
In summary, the use of Google Analytics under GDPR is not exempt from consent requirements, with strong regulatory signals from multiple DPAs emphasizing explicit consent due to privacy risks linked to cookie use and cross-border data transfers. Non-compliance may lead to regulatory actions including fines.
