The Competition and Market Authority closed two investigations against Google and Apple, sanctioning both of them for 10 million euros, that is, for the maximum allowed according to current legislation. The Antitrust has ascertained for each company two violations of the Consumer Code, one due to lack of information and another due to aggressive practices related to the acquisition and use of consumer data for commercial purposes. Google - explains the Antitrust - bases its economic activity on the offer of a wide range of products and services connected to the Internet, which include technologies for online advertising, search tools, cloudcomputing, software and hardware, also based on profiling of users 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 to 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 In these contexts, the Authority has held that there is a consumption relationship between users and the two operators, even in the absence of a monetary outlay, the consideration for which is represented by the data they sell using the services of Google and Apple. . The Authority found that both Google and Apple did not provide clear and immediate information on the acquisition and onuse of user data for commercial purposes. In particular, 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 consciously decide to accept that the Company collects and uses your personal information for commercial purposes. Apple, both when creating an Apple ID and when accessing Apple Stores (App Store, iTunes Store and Apple Books), does not provide the user immediately and expresses no indication on the collection and use of your data for commercial purposes, emphasizing only that the collection of data is necessary to improve the consumer experience and the 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 they are generated, without the need for other steps in which the user can from time to time confirm or change the choice pre-set by the agency. In the case of Apple, on the other hand, the promotional activity is based on a method of acquiring consent touse 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.available to Apple for its own promotional purposes carried out in different ways.available to Apple for its own promotional purposes carried out in different ways.
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November 26, 2021 The Competition and Market Authority closed two investigations against Google and Apple, sanctioning both of 10 million euros, i.e. for the maximum permitted according to current legislation.
The Antitrust has ascertained for each company two violations of the Consumer Code, one due to lack of information and another due to aggressive practices related to the acquisition and use of consumer data for commercial purposes.
Google - explains the Antitrust - bases its economic activity on the offer of a wide range of products and services connected to the Internet, which include technologies for online advertising, search tools, cloudcomputing, software and hardware, also based on profiling of users 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 to 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, theThe Authority held that there is a consumption relationship between users and the two operators, even in the absence of a monetary outlay, the consideration for which is represented by the data they sell using the services of Google and Apple. The Authority found that both Google and Apple did not provide clear and immediate information on the acquisition and use of user data for commercial purposes.
In particular, 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 consciously decide to accept that the Company collects and uses your personal information for commercial purposes. Apple, both when creating an Apple ID and when accessing Apple Stores (App Store, iTunes Store and Apple Books), does not provide the user immediately and expresses no indication on the collection and use of your data for commercial purposes, emphasizing only that the collection of data is necessary to improve the consumer experience and the use of services. With the second practice, theAuthorities found 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 they are generated, without the need for other steps in which the user can from time to time confirm or change the choice pre-set by the agency. 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.
