We did not have to wait too long for the first big lawsuit to be introduced after the implementation of the GDPR regulations. It turns out that the first companies that will have to prove before the court that they are complying with the new regulations on the processing of personal data are Facebook and Google. Both companies were sued by the Austrian activist Max Schrems. The sum of all claims amounts to EUR 7.8 billion.

Max Schrems has for many years believed that Google and Facebook abuse their influence and collect too many data about their users. On the other hand, the provisions of the GDPR effective from 25 May impose an obligation on the personal data administrators to prepare a transparent privacy policy, which describes what data is collected and how it is processed. Thanks to this, European Union citizens are to gain full control over what the individual companies know about them. Facebook and Google have updated their regulations before the introduction of GDPR. Both giants have nothing to complain about. However, Max Schrems is of a different opinion.

Google and Facebook have been accused of forcing consent to the processing of personal data

In fact, there are four separate lawsuits. The first one concerns Google, and more specifically the Android operating system. However, further lawsuits are related to the services provided by companies belonging to Mark Zuckerberg, namely Facebook, Instagram and WhatsApp. In all four cases, the point is that the user asked for permission can not refuse it, because it would deny access to the service. The Austrian activist believes that Google and Facebook should construct their own regulations in such a way that the user can choose what data he wants to share. However, failure to consent to the processing of some of them would reduce the functionality of the website. Is Max Schrems right?

GDPR allows companies to process personal user data that is required for the correct operation of the service. However, the privacy policy should clearly inform the user what is collected by the given company. The entrepreneur also has the right to charge for a given service a fee that would compensate for losses related to the customer’s refusal to provide certain data. This applies, for example, to the lack of consent to transfer data to trusted partners for marketing purposes. Facebook and Google are mostly ads, so user profiling is an important issue for both companies. Therefore, it is unlikely that such large companies will be prepared adequately for the entry into force of the GDPR regulations.

Source: Business Insider

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