Dispute over data processing
Google and the cartel office agree on a compromise
October 5, 2023, 11:27 p.m
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For a long time, Google has offered users little choice about how their data is processed. The Federal Cartel Office is demanding more options here – and is sending out a warning. Now the authorities and the company can come to an agreement. However, experts wonder whether the cartel office is even responsible for data issues.
Following an agreement with the Federal Cartel Office, the Google Group Alphabet must give its users more choice in the processing of their data for certain services such as Gmail. The office announced this. The antitrust authorities had previously sent the US group a “detailed warning,” which has now been resolved with the agreement.
The President of the Federal Cartel Office, Andreas Mundt, explained that in the future, users of Google services will have much better choices about what happens to their data, how Google can use it and whether the data can be used across services. “On the one hand, this protects the users’ right to self-determination with regard to their data. On the other hand, Google’s data-driven market power can be limited.”
Google was able to prevail in the negotiations with its position that the services regulated by the Digital Markets Act (DMA) of the European Union are not subject to additional requirements from the Federal Cartel Office. These are Google Shopping, Google Play, Google Maps, Google Search, YouTube, Android, Google Chrome and Google’s online advertising service. Some of these DMA-regulated services were still the subject of warnings from the Federal Cartel Office.
Constructive exchange
The authority emphasized that Google’s additional commitments to the Federal Cartel Office affect “more than 25 other services”, including Gmail, Google News, Assistant, Contacts and Google TV. However, company circles said that the number of services affected was probably significantly smaller than 25. There is debate among experts as to whether the Cartel Office is even responsible for reviewing the methods of data collection and data collection. The authority already admitted in January that the European DMA would apply to certain Google services, the enforcement of which falls under the exclusive competence of the EU Commission.
In the meantime, it had been clarified at EU level which services actually fell under the DMA. A Google spokesman said it was “pleased to have a constructive exchange with the Federal Cartel Office as we worked to address its concerns.” Google has long been an industry leader in giving people choice, transparency and simple controls to help them manage their data. “The commitments published today follow this approach to further develop our products to meet the expectations of users and authorities.”