Wednesday, November 20, 2013

Decision of the Landgericht Berlin: Google clauses ... - ABC Online

consumer advocates and Google have made by U.S. companies such as Apple and Amazon. Before the Berlin district court they were declared illegal clauses 25 to Terms of Use and Privacy Policy. It is distinguished from a long war.


consumer advocates have prevailed in the first instance with a lawsuit against various points of the Terms of Use and the Privacy Policy of Google. The Berlin Regional Court declared unlawful for a total of 25 clauses, such as the Consumer Federation (vzbv) announced. They were formulated too vaguely or have the rights of consumers, inadmissible. The judgment (case number 15 O 402/12) is not yet final, Google wants to appeal.

13 of the clauses it comes to data protection. Google had reserved in the Privacy Statement, among other things, the law, “may” capture device-specific information and location data or “may” to combine personal data from various Google services together, explained vzbv boss Gerd Billen. For consumers remained unclear what exactly they should give their consent, he criticized.

use of personal data

from the perspective of vzbv also is not legally compliant consent to the use of personal data possible if consumers simply tick a declaration with the following text in the registry: ‘I agree to the Google Terms of Service to and have read the Privacy Statement. “

Google believes that consumer advocates are not entitled to sue the Privacy Policy, because it was not part of the terms and conditions. Billen demanded an advanced standing “consumer associations must be allowed to proceed without barriers against data protection law violations.”, The new federal government should create a corresponding regulation


Google plans to appeal

the twelve affected of use, it is loud vzbv among other things, the right of Google to remove applications from one device to abolish functions of services and to check all services in the data set, modify, and delete.

“We will appeal against the verdict. We are convinced that our Terms of Service and our Privacy Policy in accordance with the relevant laws are, “said a Google spokesman.

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