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The agreement states that Google bears no responsibility for third-party tags deployed through GTM, that Google reserves the right (but not the obligation) to screen third-party tags for policy compliance, and that the user guarantees they hold the rights to upload any third-party tags they use.
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 places full contractual responsibility for third-party tag compliance on the user and establishes a user-side guarantee of rights to uploaded tags. Google's right to screen tags is permissive rather than mandatory, meaning the absence of screening does not transfer liability back to Google.
Under this clause, users who deploy third-party tags through GTM accept sole responsibility for those tags' compliance with the GTM Use Policy and applicable law, and must affirmatively guarantee they hold rights to deploy those tags.
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"If You have 3rd Party Tags delivered through the Service: Google is not responsible for 3rd Party Tags. Google may screen such 3rd Party Tags to ensure compliance with this GTM Use Policy. You guarantee that You have the rights to upload the 3rd Party Tags.Excerpt from Google's Tag Manager Terms of Service
(1) REGULATORY LANDSCAPE: This provision interacts with GDPR Article 28, which requires that data controllers exercise due diligence over processors and sub-processors, and may require that third-party tags deployed through GTM be assessed as processors or sub-processors where they handle personal data. ePrivacy Directive requirements for consent prior to tag firing are relevant for EU/EEA deployments. The FTC Act applies in US contexts where third-party tags collect consumer data. (2) GOVERNANCE EXPOSURE: High. Organizations deploying third-party tags through GTM may be acting as data controllers in respect of data those tags collect, and cannot rely on Google's occasional screening as a compliance substitute. The user guarantee of rights to upload tags creates a contractual representation that, if inaccurate, constitutes a breach. (3) JURISDICTION FLAGS: EU/EEA deployments face heightened exposure where third-party tags involve advertising or analytics vendors that act as independent controllers or processors under GDPR. California deployments engage CCPA where third-party tags facilitate data sharing with advertising or analytics vendors that may qualify as third parties under CCPA. (4) CONTRACT AND VENDOR IMPLICATIONS: Procurement and legal teams should maintain an inventory of all third-party tags deployed through GTM and document the legal basis for each tag's data collection. Vendor agreements with third-party tag providers should include data processing addenda where required under GDPR or CCPA. The user guarantee of rights to upload tags should be supported by license documentation for any proprietary tag scripts. (5) COMPLIANCE CONSIDERATIONS: Compliance teams should implement a tag governance review process that assesses each third-party tag prior to deployment. Consent management platform configurations should ensure third-party tags fire only after valid user consent where required. Periodic audits of the GTM container should confirm that only authorized and documented tags remain active.
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This provision places full contractual responsibility for third-party tag compliance on the user and establishes a user-side guarantee of rights to uploaded tags. Google's right to screen tags is permissive rather than mandatory, meaning the absence of screening does not transfer liability back to Google.
Under this clause, users who deploy third-party tags through GTM accept sole responsibility for those tags' compliance with the GTM Use Policy and applicable law, and must affirmatively guarantee they hold rights to deploy those tags.
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