SaaS Agreements – Data Protection – Google Analytics in Germany

If your website uses Google analytics and you provide SaaS services to customers based in Germany you are now required to provide specific information to users in order to comply with recent changes to German data protection law.

Google Analytics and German Data Protection

Google analytics collects statistics about website users by „tracking” an individual’s use of a website. This information is then made available to website operators free of charge. Following an agreement between Google and the German data protection authorities it is now the responsibility of the operators of websites to implement certain measures when using Google analytics.

Making your Website Compliant

Under German data protection law website users must be able to stop user profiles being created and prevent their complete IP address from being saved, unless they have specifically consented to this. If you are a SaaS website operator you now need to include the following in your privacy policy:

  • inform users that you use Google analytics; and
  • advise users that they can turn off Google analytics tracking in their browser settings

In addition you should use a Google software solution that masks the IP address of the user.

Application to UK Websites

Although this is a German data protection issue, if your website is directed at German customers, or the majority of your customers are located in Germany, it is advisable to make these changes in order to avoid any potential breach of German data protection law.

Help

Irene Bodle is an IT lawyer specialising in SaaS agreements with over 10 years experience in the IT sector. If you require assistance with any SaaS, ASP, software on demand contracts or any other IT legal issues contact me:

irene.bodle@bodlelaw.com
www.bodlelaw.com

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