France's CNIL Rules Google Analytics Violates GDPR

Update: In June 2022, CNIL published an FAQ on Google Analytics stating that websites have only one month to comply and remove Google Analytics. CNIL confirmed that no configuration of Google Analytics can satisfy Schrems II requirements, and no supplementary measures can make it compliant.

Following a similar ruling by the Austrian DPA in January 2022, France's data protection authority, CNIL, determined that Google Analytics is non-compliant with GDPR. The ruling found that Google Analytics fails to adequately protect EU visitor data from US surveillance.

The core finding: transferring data from the EU to the US through Google Analytics is unsafe, insufficiently regulated, and does not offer adequate protection for EU citizens and their personal data.

"The US fails this critical equivalence test on account of having sweeping surveillance laws which do not provide non-U.S. citizens with any way to know whether their data is being acquired, how it's being used or to seek redress for any misuse." (Source: TechCrunch)

Google declined to comment on the decision and has not updated its software to achieve GDPR compliance.

CNIL recommends that website operators switch to alternative analytics tools that do not involve data transfers outside the EU.

What This Means for Website Owners

Privacy-focused analytics tools that process all EU visitor data exclusively on EU-based servers qualify as GDPR-compliant alternatives. Companies based in countries with GDPR adequacy rulings (such as Canada) can work with EU businesses without transferring personal data to US-controlled infrastructure.

With 101 complaints filed across the EU following the Schrems II decision, additional DPA rulings against Google Analytics appear inevitable. This trend also suggests that any software processing data on US-controlled servers could face similar scrutiny.

The True Cost of "Free" Analytics

Google Analytics is used on approximately 85% of the internet because it appeared to be free software. The actual cost of paying for analytics with data rather than money is now becoming clear. Risking regulatory fines and compliance complaints may not be worth the zero dollar price tag.

Website operators should evaluate whether their current analytics tools expose them to legal liability and consider migrating to solutions that prioritize GDPR compliance by design.