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Google surrenders before German monopoly blitz

by on06 October 2023


Will allow users to choose how it uses data to get Park Lane

Google has agreed to make changes that will give German 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.

The FCO said that the Commitments cover all services operated by Google and directed to end users in Germany.

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.

The implementation date for Google's commitments is 30 September 2024 — with an earlier date of March 6,  2024 for commitments covering Google Assistant and Contacts.

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.

If the European Commission designates one of the Google services covered by this commitment 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 webmail 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).

Last modified on 06 October 2023
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