Google and Apple do not provide clear and immediate information on the acquisition and use of user data for commercial purposes
THEREntitrust closed two investigations against Google Ireland and of Apple Distribution International Ltd., sanctioning both of them for 10 million euros that is to say for the maximum edictal according to the current legislation. The authority – explains a note – has ascertained for each company two violations of the Consumer Code, one for lack of information and another due to aggressive practices related to the acquisition and use of consumer data for commercial purposes.
Google – observes the Antitrust in the press release – bases its economic activity onoffering a wide range of Internet-related products and services – which include online advertising technologies, search tools, cloud computing, software and hardware – also based on user profiling and carried out thanks to their data.
Apple collects, profiles and uses user data for commercial purposes through the use of its devices and services. Therefore, even without proceeding with any transfer of data to third parties, Apple directly exploits the economic value through a promotional activity to increase the sale of its products and / or those of third parties through its commercial platforms App Store, iTunes Store and Apple Books.
In such contexts, theauthority felt that there is a consumption ratio between users and the two operators, even in the absence of a monetary outlay, the consideration for which is represented by the data they transfer using the services of Google and Apple. The antitrust has ascertained that both Google and Apple have not provided clear and immediate information on the acquisition and use of user data for commercial purposes.
In particular – continues the note – Google, both in the account creation phase, which is essential for the use of all the services offered, and during the use of the services themselves, omits relevant information that the consumer needs to make an informed decision. to accept that the Company collects and uses their personal information for commercial purposes.
Apple, both in the creation phase of the‘Apple ID, both on the occasion of access to Apple Store (App Store, iTunes Store and Apple Books), does not provide the user with any immediate and explicit information on the collection and use of his data for commercial purposes, emphasizing only that data collection is necessary to improve the consumer experience and use of services.
With the second practice, the Authority ascertained that the two companies have implemented an aggressive practice. In particular, in the account creation phase, Google pre-sets the user’s acceptance of the transfer and / or use of their data for commercial purposes.
This pre-activation allows the transfer and use of data by Google, once these are generated, without the need for other steps in which the user can from time to time confirm or modify the choice pre-set by the company.
In the case of Apple, on the other hand, the promotional activity is based on a method of acquiring consent to the use of user data for commercial purposes without providing the consumer with the possibility of a prior and express choice on sharing their data.
This acquisition architecture, prepared by Apple, does not make it possible to exercise one’s will on the use of one’s data for commercial purposes. Therefore, the consumer is conditioned in the choice of consumption and undergoes the transfer of personal information, which Apple can dispose of for its own promotional purposes carried out in different ways.
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