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• CJEU rules US cloud servers don’t comply with GDPR and what this means for web analytics

  17 juillet 2020, par Jake Thornton
  Breaking news : On July 16, 2020, the Court of Justice of the European Union (CJEU) has ruled that any cloud services hosted in the US are incapable of complying with the GDPR and EU privacy laws.

  In August 2016, the EU-US Privacy Shield framework came into effect, which “protects the fundamental rights of anyone in the EU whose personal data is transferred to the United States for commercial purposes. It allows the free transfer of data to companies that are certified in the US under the Privacy Shield.” – European Commission website

  However after today’s CJEU ruling, this Privacy Shield framework became invalidated due to significant differences between EU and US privacy laws.

  European privacy law activist Max Schrems summarises with “The Court clarified for a second time now that there is a clash between EU privacy law and US surveillance law. As the EU will not change its fundamental rights to please the NSA, the only way to overcome this clash is for the US to introduce solid privacy rights for all people – including foreigners. Surveillance reform thereby becomes crucial for the business interests of Silicon Valley.” – noyb website

  Today’s ruling also continues to spark concern into the legitimacy of US privacy laws which doesn’t fully protect people’s personal data when hosted on cloud servers based in the US.

  

  How will this affect you ?

  For any business operating a website in the EU or if you have traffic coming to your website from EU visitors, you need to know what data you’re capturing and where this data is being stored.

  Here’s what Maja Smoltczyk (Berlin’s Commissioner for Data Protection and Freedom of Information) says :

  Controllers who transfer personal data to the USA, especially when using cloud-based services, are now required to switch immediately to service providers based in the European Union or a country that can
  ensure an adequate level of data protection. The CJEU has made it refreshingly clear that data exports are not just financial decisions, as people’s fundamental rights must also be considered as a matter of priority. This ruling will put
  an end to the transfer of personal data to the USA for the sake of convenience or to cut costs.

  The controller is you (not Google) and by transferring data to the US you are at risk of being fined up to €20 million or 4% of your annual worldwide turnover for not being GDPR compliant. 

  It’s you who has to take action, not Google or other US companies. The court’s decision has immediate effect. While we assume there will be a grace period, companies should act now as finding and implementing alternatives solution can take a while. 

  Can no data be exported outside the EU anymore ?

  Data can still be exported outside the EU if an adequate level of data protection is guaranteed. This is the case for some trading partners of the EU such as New Zealand, Japan, Switzerland, and Canada. They have been certified by the EU as having a comparable level of privacy protection and therefore demonstrate adequacy at a country level.

  Necessary data can still flow to countries like the US too. This is for example the case when someone books a hotel in the US or when sending an email to someone in the US. Backups for disaster recovery and most other reasons don’t qualify as necessary.

  In all other cases you can still send data to countries like the US if you get explicit and informed consent from a user. Meaning the user has been informed about all possible risks of sending the data to the US and who can access the data (for example the US government).

  How this affects Google Analytics and Google Tag Manager users

  If your website is using Google Analytics, the safest bet is to deactivate it immediately. Otherwise, you must ask for consent from everyone who visits your website and inform them that the data will be processed in the United States under less strict privacy laws and all associated risks. If you don’t, you could be liable to privacy law infringements and face being fined for not complying with the GDPR. This also applies to Google Tag Manager as it transfers the IP address to the US which is considered personal data under the GDPR.

  Consent needs to be :

  • Freely given (the user must have a choice to not give consent and be able to opt out at any time) 
  • Informed (you need to disclose who is processing the data, what data is processed, where the data will be stored and how to opt out) 
  • Specific (consent is only valid for the specific informed purpose) 
  • Unambiguous (for example pre-ticked boxes or similar aren’t allowed)

  

  If users don’t give you consent, you are not allowed to track them using Google Analytics or any other US based cloud solution.

  Update August 19, 2020

  A month after this ruling, over 100 complaints have been filed against websites for continuing to send data to the US via Google Analytics or Facebook, by the European privacy campaign group noyb. It’s clear Google and Facebook fall under US surveillance laws such as FISA 702 and the court clearly ruled these companies cannot rely on SCCs to transfer data to the US. Anyone still using Google Analytics is now at risk of facing fines and compensation damages. 

  How this affects Matomo users

  Our cloud servers are based in Germany.

  Matomo On-Premise users choose the location of their data themselves. If the servers are located in the EU nothing changes. If the servers are located outside the EU and the website targets EU users and tracks personal data, then you need to assess whether you are required to ask for tracking consent.

  If the data is stored inside the EU you can use Matomo without asking for any consent and you can continue tracking users even if they reject a consent screen which greatly increases the quality of your data.

  Want to avoid informing users about transferring their data to the US and all associated risks ?

  Try Matomo now for free ! No credit card required.

  Download Matomo

• Privacy in Business : What Is It and Why Is It Important ?

  13 juillet 2022, par Erin — Privacy

  Privacy concerns loom large among consumers. Yet, businesses remain reluctant to change the old ways of doing things until they become an operational nuisance. 

  More and more businesses are slowly starting to feel the pressure to incorporate privacy best practices. But what exactly does privacy mean in business ? And why is it important for businesses to protect users’ privacy ? 

  In this blog, we’ll answer all of these questions and more. 

  What is Privacy in Business ?

  In the corporate world, privacy stands for the business decision to use collected consumer data in a safe, secure and compliant way. 

  Companies with a privacy-centred culture : 

  • Get explicit user consent to tracking, opt-ins and data sharing 
  • Collect strictly necessary data in compliance with regulations 
  • Ask for permissions to collect, process and store sensitive data 
  • Provide transparent explanations about data operationalisation and usage 
  • Have mechanisms for data collection opt-outs and data removal requests 
  • Implement security controls for storing collected data and limit access permissions to it 

  In other words : They treat consumers’ data with utmost integrity and security – and provide reassurances of ethical data usage. 

  What Are the Ethical Business Issues Related to Privacy ?

  Consumer data analytics has been around for decades. But digital technologies – ubiquitous connectivity, social media networks, data science and machine learning – increased the magnitude and sophistication of customer profiling.

  Big Tech companies like Google and Facebook, among others, capture millions of data points about users. These include general demographics data like “age” or “gender”, as well as more granular insights such as “income”, “past browsing history” or “recently visited geo-locations”. 

  When combined, such personally identifiable information (PII) can be used to approximate the user’s exact address, frequently purchased goods, political beliefs or past medical conditions. Then such information is shared with third parties such as advertisers. 

  That’s when ethical issues arise. 

  The Cambridge Analytica data scandal is a prime example of consumer data that was unethically exploited. 

  Over the years, Google also faced a series of regulatory issues surrounding consumer privacy breaches :

  • In 2021, a Google Chrome browser update put some 2.6 billion users at risk of “surveillance, manipulation and abuse” by providing third parties with data on device usage. 
  • The same year, Google was taken to court for failing to provide full disclosures on tracking performed in Google Chrome incognito mode. A $5 billion lawsuit is still pending.
  • As of 2022, Google Analytics 4 is considered GDPR non-compliant and was branded “illegal” by several European countries. 

  If you are curious, learn more about Google Analytics privacy issues. 

  The bigger issue ? Big Tech companies make the businesses that use their technologies (unknowingly) complicit in consumer data violations.

  In 2022, the Belgian data regulator found the official IAB Europe framework for user consent gathering in breach of GDPR. The framework was used by all major AdTech platforms to issue pop-ups for user consent to tracking. Now ad platforms must delete all data gathered through these. Biggest advertisers such as Procter & Gamble, Unilever, IBM and Mastercard among others, also received a notice about data removal and a regulatory warning on further repercussions if they fail to comply. 

  Big Tech firms have given brands unprecedented access to granular consumer data. Unrestricted access, however, also opened the door to data abuse and unethical use. 

  Examples of Unethical Data Usage by Businesses 

  • Data hoarding means excessively harvesting all available consumer data because a possibility to do so exists, often using murky consent mechanisms. Yet, 85% of collected Big Data is either dark or redundant, obsolete or trivial (ROT).
  • Invasive personalisation based on sensitive user information (or second-guesses), like a recent US marketing campaign, congratulating women on pregnancy (even if they weren’t expecting). Overall, 75% of consumers find most forms of personalisation somewhat creepy. 22% also said they’d leave for another brand due to creepy experiences.
  • Hyper-targeted advertising campaigns based on data consumers would prefer not to share. A recent investigation found that advertising platforms often assign sensitive labels to users (as part of their ad profiles), indicative of their religion, mental issues, history with abuse and so on. This allows advertisers to target such consumers with dubious ads. 

  Ultimately, excessive data collection, paired with poor data protection in business settings, results in major data breaches and costly damage control. Given that cyber attacks are on the rise, every business is vulnerable. 

  Why Should a Business Be Concerned About Protecting the Privacy of Its Customers ?

  Businesses must prioritise customer privacy because that’s what is expected of them. Globally, 89% of consumers say they care about their privacy. 

  As frequent stories about unethical data usage, excessive tracking and data breaches surface online, even more grow more concerned about protecting their data. Many publicly urge companies to take action. Others curtail their relationships with brands privately. 

  

  On average, 45% of consumers feel uncomfortable about sharing personal data. According to KPMG, 78% of American consumers have fears about the amount of data being collected. 40% of them also don’t trust companies to use their data ethically. Among Europeans, 41% are unwilling to share any personal data with businesses. 

  Because the demand for online privacy is rising, progressive companies now treat privacy as a competitive advantage. 

  For example, the encrypted messaging app Signal gained over 42 million active users in a year because it offers better data security and privacy protection. 

  ProtonMail, a privacy-centred email client, also amassed a 50 million user base in several years thanks to a “fundamentally stronger definition of privacy”.

  The growth of privacy-mindful businesses speaks volumes. And even more good things happen to privacy-mindful businesses : 

  • Higher consumer trust and loyalty 
  • Improved attractiveness to investors
  • Less complex compliance
  • Minimum cybersecurity exposure 
  • Better agility and innovation

  It’s time to start pursuing them ! Learn how to embed privacy and security into your operations.

• Why Matomo is a serious alternative to Google Analytics 360

  12 décembre 2018, par Jake Thornton — Marketing
  There’s no doubt about it, the free version of Google Analytics offers great value when it comes to making data-driven decisions for your business. But as your business starts to grow, so does the need for a more powerful web analytics tool.

  Why would I need to use a different web analytics tool ? It’s because Google Analytics (free version) is very limited when it comes to meeting the needs of a fast growing business whose website plays a pivotal role in converting its customers.

  This is where the Google Analytics 360 suite comes in, which is designed to meet the needs of businesses looking to get more accurate and insightful metrics.

  So what’s holding a growing business back from using Google Analytics 360 ?

  While GA360 sounds like a great option when upgrading your web analytics platform, we have found there are three core reasons holding businesses back from taking the leap :

  • Businesses can’t bear to swallow the US$150,000+ price tag (per year !) that comes with upgrading
  • Businesses can’t rely on GA360 to give them all the insights they need
  • Businesses want more control and ownership of their data

  Thankfully there are (only a few) alternatives and as the leading open-source alternative to Google Analytics, we hope to share insights on why Matomo Analytics can be the perfect solution for anyone at this crossroads in their web analytics journey.

  First, what does Google Analytics 360 offer that Google Analytics (free) doesn’t ?

  There’s no doubt about it, the GA360 suite is designed for larger sized businesses with demanding data limits, big budgets to use across the Google Marketing Platform (Google Adwords, DoubleClick etc.) and to get more advanced reporting visualisations and options.
  

  Data Sampling

  Data sampling is the elephant in the room when it comes to comparing GA360 with the freemium version. This is an entire article in its own right but at a basic level, Google Analytics samples your data (makes assumptions based on patterns) once the number of traffic visiting your website reaches a certain limit.

  Google Analytics provides the following information :

  Ad-hoc queries of your data are subject to the following general thresholds for sampling :

  Analytics Standard : 500k sessions at the property level for the date range you are using

  Analytics 360 : 100M sessions at the view level for the date range you are using

  In short, sampled data means inaccurate data. This is why as businesses grow, GA360 becomes a more attractive prospect because there’s no point making data-driven business decisions based on inaccurate data. This is a key weapon Google uses when selling to large businesses, however, this may not seem as concerning if you’re a small business within the sampled data range. For small businesses though, make sure you know the full extent of how this can affect your metrics, for example, your ecommerce data could be sampled, hence your GA reporting not matching your CRM/Ecommerce store data.

  Benefit of using Matomo : There is no data sampling anywhere in Matomo Analytics, that’s why we say 100% Accurate Data reporting across all plans.

  

  Integration with the Google Marketing Platform

  Yes ok, we’ll admit it, GA does a great job at integrating seamlessly with its own products like Google Ads, Google Optimize etc. with a touch of Salesforce integration ; while GA360 takes this to another level compared to it’s freemium version (integration with Google Search 360, Google Display & Video 360 etc.)

  But… what about non-Google advertising platforms ? Well with Google being a dominant leader as a search engine, web browser, email provider, social media channel ; sometimes Google needs to keep its best interests at heart.

  Google is an online advertising giant and a bonus of Google Search 360 is that you can integrate your Bing Ads, Baidu and Yahoo Japan Search campaigns but that’s about it when it comes to integrations from its direct competitors. 

  Benefit of using Matomo : No biased treatment. You can integrate your Google, Yahoo and Bing search consoles for accurate search engine reporting, and in early 2019, Matomo will be releasing a Google Ads, Bing Ads and Facebook Ads Manager integration feature.

  Roll-Up Reporting
  

  Roll-up reporting lets you combine multiple accounts and properties into one view. This is a great benefit when upgrading from GA freemium to GA360. For example, if you’re a digital agency with multiple clients or you manage multiple websites under the one account, the roll-up reporting feature is wonderful when you need to combine data and reporting, instantly.

  Benefit of using Matomo : Matomo’s got this covered ! Roll-up reporting is available in the Matomo Business package (starting at $29 per month) for cloud hosting or you can purchase as a Premium Feature for On-Premise starting at $99 per year.

  Staying in full control of your data

  Who would have thought that one of biggest reasons people choose Matomo isn’t because of anything that leads to a higher ROI, but for the fact that users want more control of their data.
  

  Matomo’s philosophy around data ownership is simple, you own your data, no one else. If you choose to host Matomo Analytics On-Premise then you are in complete control because your data is stored on your own servers where no one can gain access to it in whichever country you choose.

  So what about when you cloud host Matomo ? For users who don’t have the technical knowledge to host Matomo On-Premise, you can still have 100% data ownership and fully respect your user’s privacy when choosing to host Matomo Analytics through our cloud service.

  The difference between cloud hosting Matomo Analytics vs Google Analytics is that when you choose Matomo, we acknowledge you own the data and we have no right to access it. This means we can’t on-sell it to third-parties, we can’t claim ownership of it, you can export your data at anytime (how awesome is that !) and you can migrate between cloud hosting and hosting on-premise for ultimate flexibility whenever you want.

  Matomo also prides itself in allowing its users to be GDPR compliant with ease with a powerful GDPR Manager.

  Businesses can’t rely on Google Analytics 360 to give them all the insights they need

  Unlike Google Analytics 360, Matomo blends its Premium Web Analytics platform with Conversion Optimization features to allow its users to fully evaluate the user-experience on your website.

  Matomo is designed to be a complete analytics platform, meaning you have everything you need all in the one place which gives you greater insights and better business outcomes.

  
  These features include :

  Premium Web Analytics – You can still (accurately) measure all the basic metrics you love and are familiar with in Google Analytics like Location, Referrer traffic, Multi Attribution, Campaign Tracking and Ecommerce etc.

  Conversion Optimization – Eliminate the need for multiple analytics tools to get what Google Analytics doesn’t offer. These features include Heatmaps, Session Recordings, Form Analytics and more – giving you the best chance possible to convert more traffic by evaluating the user-experience.

  By having one tool for all your features you can integrate metrics, have one single view for all your data and it’s easy to use.

  Enhanced SEO – Get more insights into the performance of your search campaigns with unbiased search engine reporting, keyword ranking positions, integration with multiple search consoles and crawling stats. Google Analytics offers limited features to help with your SEO campaigns and only integrates with Google products.

  Visitor Profiles – Get a detailed life-time evaluation of every user who visits your website.

  Tag Manager – A powerful open-source Tag Manager tool to embed your third-party marketing tags. By being open-source and with our commitment to giving you 100% data ownership, you can always ensure you are in full control.

  Full Matomo vs Google Analytics 360 Comparison Table

  Just putting it out there ...

  Google leads the market with its freemium tool which offers great insights for businesses (fyi – Matomo has a forever free analytics tool too !), but when it comes to upgrading to get accurate reporting (kind of a big deal), owning your own data (a huge deal !) and having a complete range of features to excel ROI for your business, Matomo Analytics is often a preferred option to the Google Analytics 360 suite.

  Matomo is designed to be easy to use, is fully flexible and gives users full peace of mind by respecting user privacy. Want to learn more about the benefits of Matomo ?