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DATA-DRIVEN MARKETING

Google Analytics verboden in Nederland?

Will the use of Google Analytics be banned in the Netherlands? And what about other US marketing tools, such as Mailchimp, Hubspot or Marketo? And what is a good alternative to Google Analytics? Read on quickly to find out all about this.

After the EU annulled the Privacy Shield in mid-2020, several European regulators ruled that several (settings in) marketing tools such as Google Analytics are forbidden to use. This is because they are in violation of the AVG (in English: GDPR), i.e. illegal.

The Dutch regulator Autoriteit Persoonsgegevens has now completed its investigation and passed it on to the enforcement department, but has not yet announced its decision on a Google Analytics ban in the Netherlands. Nevertheless, the direction of the decision already seems clear.

Maartje B.

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Why might Google Analytics be banned?

In mid-2020, European courts ruled that the agreements on the transfer of personal data from the EU to the US (titled the Privacy Shield) are against the law. This is because within these agreements, US authorities can access personal data of European Union citizens.

Because Google is a US company and provides its own encryption of personal data, Google may have to hand over unencrypted data to the US authorities if they ask for it. The use of Google Analytics by website owners therefore violates the AVG under certain circumstances, according to these regulators.

Why a possible Google Analytics ban is important for marketers

Chances are that your organisation also uses Google Analytics, as it is most commonly used method to measure website traffic. Chances are your marketing team uses the input to assess which information or products are most in demand, measure which advertising channels work best and improve the website. So if Google Analytics is banned, that will no longer be possible.

Moreover, there are probably many other US marketing tools that have access to your prospects' personal data, such as Mailchimp, Hubspot, Marketo or Facebook Ads. If Google Analytics is banned in the Netherlands, the legality of using these tools might also be called into question.

Google Analytics banned or not?

As recently as January 2022, the legal advisers at DDMA (Data-driven Marketing Association) concluded that there is a chance that Google will modify the service and be able to demonstrate that it adequately protects personal data. Yet they were also shocked by the warning the Personal Data Authority put in their Handbook 'Setting up Google Analytics privacy-friendly' (PDF). That seems to indicate the direction of their decision, which is to ban Google Analytics and other US marketing tools. Therefore adviseert the DDMA has been advising for some time now not to wait for the Enforcement Department, but to already check which marketing tools your company uses and look for a Google Analytics alternative.

Why look for a Google Analytics alternative?

While many marketers do not yet seem to care about the possible consequences of third-party cookies disappearing, more and more people are looking for a Google Analytics alternative. We see the search volume for "Google Analytics alternative" increasing. This is a logical reaction, because in order to attract more customers and/or sell more, marketers are using Google Analytics in various ways:

  1. Improve the website - e.g. by allowing them to see which content is favoured by prospects or customers or the results of a/b tests
  2. Marketing attribution and campaign optimisation- e.g. insight into how many sales advertising campaigns generate, which channels to put your advertising budget into and which landing page your ads should best point to.
  3. Distinginguish between visitor groups and individual visitors on your own website and in ad campaigns:
  • Introduce new visitors to your brand and your products or services. Branding is key. *Encourage returning visitors to the next stage in the customer journey. Resources and incentives are central.
  • Showing customers information and products or services that match what they bought. Customer service and upselling are central.

What is a good Google Analytics alternative?

Fortunately, there is a Google Analytics alternative for measuring website data and legitimately tracking customer behaviour, without you as the first party handing the data over to a third-party. Indeed, as a proponent of data-driven marketing, Centagon uses the customer data platform OpptyLab. Opptylab allows us to store, process and use first-party data. All website behaviour is stored per anonymous visitor. This data is automatically combined with information that web visitors and customers give us themselves (zero-party data, e.g. an e-mail address) or are under the control of the customer (such as customer data). This customer data platform (CDP) pulls in - fully GDPR-compliant - data on website visits via Matomo, which is used by, among others, the European Union itself and recommended by the French regulator.

But doesn't that make Centagon, as an agency, a third party?

As an agency, we are bound by the strict rules of a processing agreement with our clients, which does not allow us to simply access the information and certainly not to transfer it to another party. The client is the party that determines what should happen to the personal data and how it should be done and therefore the processor. The processor is the external party that carries out the processing for the controller.

Such a client's first-party data resides on cloud servers (AWS), but is fully owned by our clients. Other agencies can also use Opptylab's customer data platform and built-in marketing automation system for their own clients as processors.

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Do you have a question or a challenge? Contact us:

Walter van Houten

Account consultant
(Founder)

Leon Hendrix

Senior digital marketing
strategist (Founder)

Ralph Kuijper

Account consultant

René de Korte

Digital marketing strategist

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