Italian Data Probe Eyes Google, Apple and Dropbox for Cloud Computing
September 8, 2020
The proceedings relate to alleged unfair commercial practices and the
possible presence of unfair clauses in the contractual conditions.
Competition and Market Authority has launched six investigations against
some of the main global operators of cloud computing services. The
parties involved are Google (for the Google Drive service), Apple (for
the iCloud service) and Dropbox, each affected by both a proceeding for
alleged unfair commercial practices and / or violations of the Consumer
Rights Directive and one for alleged clauses vexatious included in the
In particular, the investigations for unfair practices against Google
and Apple concern the failure or inadequate indication, when presenting
the service, of the collection and use for commercial purposes of the
data provided by the user and the possible undue influence in towards
consumers, who, in order to use the cloud storage service, would not be
in a position to give the operator their consent to the collection and
use of information concerning them for commercial purposes.
same complaints are also raised against Dropbox, which is also accused -
in addition - of failing to provide in a clear and immediately
accessible way the information on the conditions, terms and procedures
for withdrawing from the contract and for exercising the right to
reconsider. Furthermore, not to allow the user the easy recourse to
extra-judicial mechanisms for the conciliation of disputes, to which the
professional is subject, with the information necessary to access them.
Procedures for unfair clauses, on the other hand, concern some
contractual conditions set out in the relative models of the
aforementioned companies, such as: the operator's ample right to suspend
and interrupt the service; liability exemption even in the event of loss
of documents stored in the user's cloud space; the possibility of
unilateral modification of the contractual conditions; the prevalence of
the English version of the contract text over the Italian version.