Google has announced in a surprising move that the company is going to start offering so called “Data Processing Agreements” for website owners in the European Union, Iceland, Norway or Switzerland:

Over the last few years, Google Analytics customers have asked us to offer data processing agreements that clarify how Analytics data is stored, used and secured. In response to this demand, we’re pleased to provide an optional data processing agreement to Google Analytics customers in the E.U., Norway, Switzerland and Iceland (…)

This kind of agreement between Google and website owners had so far only been available in German for Germany based website operators. The agreement can (also “Data Processing Amendment to the Google Analytics Terms of Service“)  be found here in English exclusively so far, but as per Google’s communication other translations may follow suit:

By proceeding, you confirm that you have a business established in the territory of a member state of the European Economic Area or Switzerland, or that, for other reasons, you are subject to the territorial scope of the national implementations of Directive 95/46/EC. You further agree that if the aforementioned is not the case, this Data Processing Amendment between you and Google shall be void.

As a German website operator you were therefore only running Google Analytics in a compliant way when you concluded (in writing) the data processing agreement prepared by Google.

Find the Data Processing Agreement

Updated on the 20/1172013:

Google has added a short paragraph regarding the Data Processing Amendment in their Analytics privacy and security documentation:

The Google Analytics Data Processing Amendment is meant for businesses established in the territory of a member state of the European Economic Area or Switzerland, or that, for other reasons, are subject to the territorial scope of the national implementations of Directive 95/46/EC.

You can find and accept the amendment in your Analytics account settings:

  1. Sign into your account
  2. Browse to “Admin” in the navigation bar
  3. Click on “Account Settings”
  4. Find Data Processing Amendment
  5. Ultimately accept it

This is the text you’ll find:

If you have a business established in the territory of a member state of the European Economic Area or Switzerland, or if you are subject to the territorial scope of the national implementations of Directive 95/46/EC, you are eligible to accept the terms of this Data Processing Amendment to the Google Analytics Terms of Service. Learn more.
The Data Processing Amendment for this account has not been accepted.

More regarding Google Analytics and privacy

Please note that when you are using Google Analytics, you are required by Google’s terms to use a privacy policy. Other Google products have similar rules worth to be taken into account.

Via CSO.


How to Craft Your Privacy Policy for Google Analytics in GermanyGoogle Analytics Remarketing Privacy PolicyHow to find the Google Analytics Data Processing Agreement

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