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Germany takes issue with Google data processing terms: not giving users sufficient choice

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Germany’s antitrust agency, the Federal Cartel Office (FCO), reportedly said today that it has objected to Google’s data processing terms and expects the company to make adjustments accordingly.

The Federal Cartel Office said in a statement that it sent a preliminary legal assessment to Google’s parent company Alphabet, Google Ireland Ltd. and Google Germany Ltd. on Dec. 23.

The Federal Cartel Office said Google does not currently provide users with sufficient options to decide whether and to what extent they consent to Google processing their data.

In response, a Google spokesperson said the company will continue to engage constructively with the German regulator and try to address its concerns.

The spokesperson added: “People expect us to run our business responsibly, both to maintain a user-first product experience and to continually update our services to meet the regulator’s expectations.”

Back in May 2021, the German Federal Cartel Office launched an antitrust investigation into Google. The Federal Cartel Office claimed at the time that Google’s business model relied heavily on the processing of user data. With access to competitively relevant data, Google enjoyed a strategic advantage.

To use Google’s services, users are usually required to set up a Google account and agree to Google’s data processing terms, and compliance of these terms becomes a key concern.

Andreas Mundt, director of the Federal Cartel Office, said at the time: “We will look closely at Google’s data processing terms. A key question is whether Google is giving users enough choice in the use of their data.”

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