Investigation into Google, Apple and Dropbox cloud services.
The Italian Competition Authority has started an investigation into Google, Apple and Dropbox in relation to their cloud computing services for potentially unfair commercial practices, as well as in relation to the presence of unfair clauses in contractual terms.
More specifically, the investigation relates to the absence of an adequate indication of the data collection activities carried out for commercial purposes, as well as to the fact that consumers, in order to use the cloud services, are not in a position to be able to give valid consent for the collection and processing of their personal data.
In addition, Dropbox is under investigation for not making information on the conditions, terms, and procedures to opt-out from its contract immediately accessible and clear for consumers.
Insight
Although this investigation involves very large American tech businesses, the fact is that many organisations require customers to agree (consent) to their privacy policy and T&Cs before they can access a service. Whist the latter is understandable, it will often be invalid if the only legal basis for processing personal data collected vis the service is consent- because it will not have been obtained in compliance with e requirements of the GDPR. The former is simply wrong – there is no need or point in asking anyone to ‘consent’ to a privacy policy. It’s not a contract.
If your organisation is looking to comply with the requirements of the GDPR then take a look at how our CSaaS and DPaaS solutions can help.