Businesses should see these data privacy fines as a warning. They should take steps to ensure that their data practices comply with GDPR requirements.
Marco Blocher, a data protection lawyer at noyb, welcomed the Swedish DPA's decision:
"Finally, a DPA has imposed a significant fine for the continued use of a tool that transfers personal data to the United States in violation of the GDPR – and banned the further use of that tool. This is a pleasant change compared to other DPAs simply holding that there has been a violation but creating no incentive to comply in the future. We hope that other DPAs follow the Swedish DPAs example and put an end to unlawful data transfers."
Last year, several European DPAs - notably in Austria, France and Italy - cautioned against the use of Google Analytics. This followed findings that many of their users were non-compliant with the EU’s rules on international data transfer.
The landscape for data privacy fines continues to change. The EU and US are currently finalizing a third data transfer agreement, the EU-U.S. Data Privacy Framework. This policy is expected to be finalized later this month (July 2023).
However, legal challenges are possible. Various European institutions have expressed concerns that the new arrangement may not fully address the issues raised by the judges.