AGCM

According to the Authority, the request for consent that Google submits to its users to the linking of the services offered may constitute a misleading and aggressive commercial practice. Indeed, it appears to be accompanied by inadequate, incomplete and misleading information and it could influence the choice of whether and to what extent consent should be given.

The Italian Competition Authority has opened investigation proceedings against Google and its parent group Alphabet with respect to the submission to users of a request for consent to the “linking” of the services offered. This request would in fact appear to provide no relevant information - or would provide it inadequately and imprecisely - as to the real effect that consent has on Google's use of personal data of users. The same critical issues would arise with respect to the variety and number of Google’s services for which “combination” and “cross-use” of personal data may occur, and with respect to the possibility of modulating (and thus limiting) consent to only some services.

The Authority also alleges that Google may use techniques and methods for requesting consent, and also for setting up the mechanisms for obtaining consent itself, which could condition the freedom of choice of the average consumer. Indeed, the customer would be induced to take a commercial decision that he/she would not have taken otherwise, by consenting to the combination and cross-use of his/her personal data among the plurality of services offered.

Rome, 18 July 2024