The agreement requires account holders to post a privacy policy on their properties that discloses the use of Google Analytics, cookie-based data collection, and the sharing of that data with Google and third parties, and requires commercially reasonable efforts to obtain user consent where required by applicable law.
This analysis describes what Google's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology
This provision establishes a direct contractual obligation on account holders as data controllers to maintain adequate privacy disclosures, creating compliance dependencies with GDPR consent requirements, CCPA notice obligations, and FTC guidance on deceptive practices. Failure to post an adequate privacy policy constitutes a breach of the agreement and may independently trigger regulatory scrutiny.
Interpretive note: The 'commercially reasonable efforts' standard for consent may be applied differently across jurisdictions, particularly in the EU/EEA where GDPR supervisory authorities have applied stricter consent standards than a reasonableness test.
This provision requires that website and app visitors (Users) receive disclosure about Google Analytics data collection and cookie usage through the account holder's privacy policy, and that consent be obtained where required by law. The agreement places the obligation to provide this disclosure on the account holder rather than on Google.
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enableGpcSdk: true, gpcSetting: { privacyPolicyLink: '/Privacy-Security-Policy-a-282.html' }
We process Global Privacy Control signals as opt-out requests for the sale or sharing of personal information.
In the event of a merger, acquisition, reorganization, bankruptcy, or other similar event, your personal data may be transferred to a successor entity or third party as part of that transaction.
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"You must post a Privacy Policy and that Privacy Policy must provide notice of Your use of cookies that collect data, Your use of the Service, the data You collect, and how You use and share such data with Google and third parties. You will use commercially reasonable efforts to ensure that a User is provided with clear and comprehensive information about, and consents to, the storing and accessing of cookies or other information on the User's device where such activity occurs in connection with the Service and where providing such information and obtaining such consent is required by law.— Excerpt from Google's Google Analytics Terms of Service
1. REGULATORY LANDSCAPE: This provision directly implicates GDPR (Articles 13 and 14 transparency obligations, Article 7 consent requirements), the EU ePrivacy Directive (cookie consent), CCPA (notice at collection requirements), and FTC Act Section 5 (deceptive practices). Relevant enforcement authorities include national data protection authorities under GDPR, the UK ICO, the FTC, and State Attorneys General. The provision's standard of 'commercially reasonable efforts' for consent may be assessed differently by EU supervisory authorities, which have applied stricter standards for valid GDPR consent than a reasonableness test. 2. GOVERNANCE EXPOSURE: High. The account holder assumes full contractual responsibility for the adequacy of their privacy disclosures and consent mechanisms. Any gap between what the privacy policy states and what Google Analytics actually collects or shares could constitute both a breach of this agreement and an independent regulatory violation. EU supervisory authority enforcement actions have specifically targeted inadequate Google Analytics consent mechanisms in several member states. 3. JURISDICTION FLAGS: EU/EEA and UK account holders face heightened exposure because GDPR consent requirements for analytics cookies are stricter than the 'commercially reasonable efforts' standard stated in this provision. Several EU national DPAs have issued guidance or enforcement actions specifically regarding Google Analytics deployments without adequate consent. California-based entities or those collecting data from California residents must also satisfy CCPA notice at collection requirements independently of this contractual obligation. 4. CONTRACT AND VENDOR IMPLICATIONS: This provision places privacy disclosure and consent obligations entirely on the account holder, with no corresponding obligation on Google to assist in ensuring compliance beyond providing the service. Procurement and vendor management teams should assess whether their standard vendor due diligence processes adequately account for this liability allocation. The provision does not assert audit rights or compliance verification mechanisms on either side. 5. COMPLIANCE CONSIDERATIONS: Compliance teams should audit their privacy policies to confirm disclosure of Google Analytics, cookie-based data collection, and data sharing with Google. Cookie consent management platforms should be reviewed to confirm consent is captured prior to Google Analytics cookie placement where required by applicable law. EU/EEA entities should assess compliance with their national ePrivacy Directive implementation and confirm consent mode or equivalent mechanisms are implemented in their Google Analytics deployment.
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This provision establishes a direct contractual obligation on account holders as data controllers to maintain adequate privacy disclosures, creating compliance dependencies with GDPR consent requirements, CCPA notice obligations, and FTC guidance on deceptive practices. Failure to post an adequate privacy policy constitutes a breach of the agreement and may independently trigger regulatory scrutiny.
This provision requires that website and app visitors (Users) receive disclosure about Google Analytics data collection and cookie usage through the account holder's privacy policy, and that consent be obtained where required by law. The agreement places the obligation to provide this disclosure on the account holder rather than on Google.
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