Italian Watchdog Investigates Google’s Consent Practices for Ad Profiling
In a significant move against tech giant Google, Italy’s competition and consumer watchdog, AGCM, has launched an investigation into the company’s methods of obtaining user consent for ad profiling. The probe, announced recently, focuses on whether Google’s consent practices for linking user activity across its various services adhere to EU regulations. This investigation comes amid growing scrutiny of Google’s practices under the European Union’s Digital Markets Act (DMA) and General Data Protection Regulation (GDPR).
The Focus of the Investigation
At the heart of the investigation is how Google gathers consent from users in the European Union (EU) to link their activities across its myriad platforms such as Google Search, YouTube, Chrome, and Maps. This linking allows Google to profile users for targeted advertising, a primary revenue source for the company.
The AGCM suspects that Google’s consent request process might constitute a “misleading and aggressive commercial practice.” According to the watchdog, the information provided by Google is often “inadequate, incomplete, and misleading,” which could unduly influence users’ decisions on whether to consent to data linking.
Regulatory Background
Since March 2024, Google has been subject to the DMA, which imposes stricter rules on major digital platforms operating in the EU, including Meta, X (formerly Twitter), Amazon, ByteDance, and Microsoft. The DMA mandates that these “gatekeepers” obtain explicit consent before processing personal data for advertising or combining data from various services.
Interestingly, while the European Commission (EC) typically leads enforcement actions against these gatekeepers, Italy’s AGCM is taking a proactive stance by focusing on areas the EC has not yet addressed. The EC’s current investigations into Google are centered on issues like self-preferencing in Google search and anti-steering practices in Google Play, rather than on consent for data linking.
Concerns About Google’s Consent Flow
The AGCM’s press release highlighted several concerns regarding Google’s consent flow. It argued that the consent requests do not equip users with enough information to make an informed choice. Specifically, the watchdog is worried that Google’s information about the effects of consent is vague and potentially deceptive. Users might not fully understand the extent to which their data will be linked across Google’s services.
Furthermore, the AGCM pointed out that Google might not be transparent about the range of services involved in data linking and the options available to users to limit their consent. This lack of clarity could lead to users consenting to data practices they might otherwise reject.
Implications for Digital Regulation
The DMA requires that consent for linking accounts for advertising purposes must comply with GDPR standards, which stipulate that consent must be “freely given, specific, informed, and unambiguous.” The GDPR also mandates that consent requests be presented clearly and intelligibly, using plain language.
By scrutinizing Google’s consent practices, the AGCM is leveraging the DMA’s incorporation of GDPR standards to enhance regulatory oversight. This approach underscores a growing trend in the EU towards more robust regulation of digital platforms, aiming to protect consumers from manipulative consent flows.
Potential Outcomes and Industry Impact
Should the AGCM find Google in violation of these regulations, it could lead to significant fines and mandatory changes in how Google solicits consent. This investigation also sets a precedent for other national regulators within the EU to take similar actions against tech giants, potentially leading to more uniform enforcement of digital privacy laws.
Moreover, this move reflects a broader push against “dark patterns”—design tactics that manipulate users into making decisions that benefit the service provider, often at the user’s expense. The EU’s Digital Services Act (DSA), which bans deceptive design practices, further supports this regulatory wave against user-hostile tactics.
Conclusion
The Italian AGCM’s investigation into Google’s consent practices is a critical development in the ongoing effort to ensure fair and transparent data practices in the digital age. As regulatory bodies worldwide continue to scrutinize tech giants, companies like Google may need to reevaluate their consent flows and data practices to align with evolving legal standards. Users, on the other hand, stand to benefit from more transparent and fairer online experiences, free from manipulative practices.
For the latest updates on this investigation and other tech-related news, stay tuned.
