The German Federal Cartel Office has issued a warning to Google for processing user data. According to the Cartel Office, there is insufficient choice to reject overlapping data processing. It is unclear whether the Cartel Office has jurisdiction at all in this case.
No sufficient choice
In a press release, the German Federal Cartel Office announced that it had issued a warning to Google, saying that the company did not provide sufficient choices to refuse overlapping data processing. Andreas Mundt, President of the Bundeskartellamt, also pointed out in this context that it is precisely this overarching data processing that forms the core of Google’s business model. In addition, there is the strategic advantage of being able to obtain a particularly large amount of comprehensive user data via a large number of very popular services. However, this does not justify the lack of or incomplete possibility to object to such data processing: “Google must be measured against the requirements of the new competition regulations for digital groups. The company must provide users with sufficient choices regarding the processing of their data.”
Responsibilities unclear
Among the multitude of similar cases – most recently there was a penalty for data protection misconduct in November – this one stands out because the Bundeskartellamt’s formal jurisdiction is unclear. In the press release, the Bundeskartellamt itself points out that certain Google services would in the future fall under the Digital Markets Act, for which the EU Commission is exclusively responsible. However, it will not come into force until May 2, 2023 – until then, responsibility formally lies with the Cartel Office. A debate about jurisdiction has now arisen nonetheless.
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