Observed Signal · Apr 17, 2019 · Regulation · Source: OnlineMarketing.de · Impact: 3/5 · Sentiment: Neutral
Court confirms: Google's 2012 privacy policy violates GDPR
The Berlin Kammergericht, upholding a prior ruling by Landgericht Berlin, found Google's 2012 privacy policy to be GDPR-noncompliant and deemed many clauses in Google's current terms unlawful. The court concluded that the described data processing could involve extensive collection and use of personal data, with potential sharing to third parties, without adequate informed consent. It noted that some of these clauses remain present in similar form in current policies. The decision emphasized that processing personal data requires informed and voluntary consent, and that merely confirming that a user has read the policy is insufficient. In total, 13 clauses in the privacy policy and 12 in the terms of use were deemed unlawful. However, the ruling is not yet final, as Google has filed a Nichtzulassungsbeschwerde to the Bundesgerichtshof.
GDPR enforcement affecting a major platform's privacy policy; significant for privacy/compliance in AdTech
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Key Takeaways & Evidence Grounding
- The Kammergericht Berlin upheld the Landgericht Berlin's ruling in favor of vzbv.
- The court ruled 25 clauses were unlawful: 13 in Google's privacy policy and 12 in the Terms of Use.
- It found Google's data processing under the 2012 privacy policy violated the GDPR.
- The court stated that informed, voluntary consent is required for processing personal data; mere acknowledgment of reading the policy is insufficient.
- The judgment is not yet final; Google has filed a non-admission appeal (Nichtzulassungsbeschwerde) to the Bundesgerichtshof.
Connected Companies & Entities
1 Entity mappedRelated Market Signals & Shifts
Recent verified developments and strategic activity across this market segment.
US Government Excludes Microsoft from Visa Program
The US government has barred Microsoft from participating in the permanent residency process for foreign workers with H-1B visas, accusing the company of abusing the program. Vice President JD Vance stated that Microsoft laid off 6,000 American employees last year while benefiting from 6,300 H-1B visa holders. The Department of Labor, led by Keith Sonderling, will not accept new permanent residency applications from Microsoft, as well as several consulting firms and Adobe. This action comes weeks before the midterm elections and reflects the Trump administration's broader criticism of the H-1B program, which it claims disadvantages American workers. Microsoft has not yet responded. The move could impact the tech industry's ability to retain skilled foreign talent.
US suspends Microsoft, Adobe from green card labor program
The U.S. Department of Labor announced the suspension of Microsoft and Adobe from its Permanent Labor Certification program, along with Cognizant, Infosys, Capgemini, Tata, Wipro, and HCL. Secretary Keith Sonderling cited active federal investigations for Microsoft and Adobe, and criticized the companies for allegedly taking jobs from American workers. Vice President JD Vance specifically accused Microsoft of replacing laid-off workers with H-1B visa holders. Microsoft responded by defending its hiring practices, stating that the majority of its U.S. employees are Americans and that most H-1B petitions are for existing employees. The announcement was made during a White House summit on H-1B fraud, coinciding with President Trump honoring several tech CEOs with the National Medal of Science.
Amazon unveils new Alexa tablets with AI and Google Play
Amazon has announced a new generation of tablets under the Alexa brand, including the Alexa Tablet 12 Pro, Alexa Tablet 11, and Alexa Tablet 8. All devices run on Android, integrate the AI assistant Alexa+, and for the first time offer direct access to the full Google Play Store, allowing users to install apps like YouTube, Netflix, and Gmail alongside Amazon services. The tablets feature various screen sizes, processors, and battery lives, with prices starting at $229.99. A special Kindle reading mode and new kids' models with parental controls have also been introduced. Sales begin in North America on October 8, with shipping from October 14, and European availability, including Germany, starts October 19.
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