Google Agrees To Reform Its Data Terms After German Antitrust Intervention

An anonymous reader quotes a report from TechCrunch: Following preliminary objections over Google's data terms, set out back in January by Germany's antitrust watchdog, the tech giant has agreed to make changes that will give users a better choice over its use of their information, the country's Federal Cartel Office (FCO) said today. The commitments cover situations where Google would like to combine personal data from one Google service with personal data from other Google or non-Google sources or cross-use these data in Google services that are provided separately, per the authority. Per the FCO decision document (PDF): "The Commitments cover in principle all services operated by Google and directed to end users in Germany with more than one million monthly active users (MAU) in Germany [and Android Automotive whether it meets that threshold or not]." But, as we report below, Google's core platform services designated under the EU's DMA are not covered -- nor is Fitbit, which the document notes is already subject to "far-reaching obligations regarding the cross-service processing of health and wellness data" as a result of EU merger control. [...] Per the FCO decision document, the implementation date (in principle) for Google's commitments is September 30, 2024 - with an earlier date of March 6, 2024 for commitments covering Google Assistant and Contacts. But the FCO notes that it may provide Google with an extension upon "substantiated request". Once implemented, the commitments will have a five year duration from their start date. The document also notes that if, in the future, a Google service falls out of the DMA designation as a core platform service and meets the FCO usage threshold then these local commitments will be applied to it. The converse will also apply; meaning if the European Commission designates one of the Google services covered by this commitments to the DMA list of core platform services it would no longer fall under this arrangement. Gmail is an interesting example here as the EU recently accepted Google's arguments to exclude the web mail service from the DMA list of core platform services -- but the tech giant is facing future restrictions on how it can use Gmail users' data under the FCO commitments (even if these will only apply in Germany). Commenting in a statement, Andreas Mundt, president of the Bundeskartellamt, said: "Data are key for many business models used by large digital companies. The market power of large digital companies is based on the collection, processing and combination of data. Google's competitors do not have these data and are thus faced with serious competitive disadvantages. In the future users of Google services will have a much better choice as to what happens to their data, how Google can use them and whether their data may be used across services. This not only protects the users' right to determine the use of their data but also curbs Google's data-driven market power. Large digital companies offer a wide range of different digital services. Without the users' free and informed consent the data from Google's services and third-party services can no longer be cross-used in separate services offered by Google or even be combined. We have made sure that Google will provide a separate choice option in the future."

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