Apple convicted in France for clauses deemed to be abusive in iTunes and Apple Music

Apple will have to pay 20,000 euros to the UFC-que choisir. The judicial court of Paris sentenced the american society following a complaint by the association

Apple convicted in France for clauses deemed to be abusive in iTunes and Apple Music

Apple will have to pay 20,000 euros to the UFC-que choisir. The judicial court of Paris sentenced the american society following a complaint by the association for the defence of consumers of the French on the terms and conditions of use of its software to listen to iTunes and its streaming service music Apple Music. The association accused the company of taking abuse data of its users, such as their IP address or their location, without specifying the use that he made.

The judgment of 130 pages, published in full by Next INpact, has been delivered on 9 June, nearly four years after the complaint of UFC-que choisir. At the time, it is the opacity of the terms and conditions of use of iTunes and Apple in relation to the personal data of the users who had pushed the association to bring the case to court. But the entry into force of the general regulation on data protection in 2018 has given weight to the arguments of UFC-que choisir.

"Apple believed for example that the IP address, the job, the identifier advertising, the postal (zip) code or the geolocation of the users were not "personal", and were not protected by the rules of the RGPD, explains the association. According to this regulation, and according to the directive, e-privacy, the user must also explicitly grant consent to the access and collection of this information, which is in fact personal data."

Judgment

On the other hand, the justice shall not order Apple to modify its terms of use. The company is only sentenced to pay 20 000 euros in damages and interest, as well as 10 000 euros in legal fees to UFC-que choisir. Apple must also publish the entire judgment on the home page of its website for three months. Apple made the protection of the privacy of its users, as a marketing ploy.

Apple has three months to appeal. "But everything suggests that the american company did journey not," according to the association UFC que choisir, which reminds us that Facebook and Google, sentenced in similar cases, have accepted the judgment.

The market value of Apple has more than 1 500 billions of dollars.

The editorial team conseilleApple: an image tarnished on the privacy and security of donnéesL'UFC-That Choose to attack Google in justiceDonnées personal: UFC-That Choose to actually bend TwitterSujetsAppleUFC-That ChoisirRGPDDonées personnellesAucun comment

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Updated Date: 16 June 2020, 09:47

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