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Probably 90% of those who read this admit that they have never read such texts. To be fair, it is difficult to blame them for such endless-end documents do everything possible for the average user never read them, and if you do, give up quickly and click “OK”.

by
DIEGO MALDONADO ROSAS
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When was the last time you read the Terms and Conditions of a web page before clicking on the “Accept” button?

Probably 90% of those who read this admit that they have never read such texts. To be fair, it is difficult to blame them for such endless-end documents do everything possible for the average user never read them, and if you do, give up quickly and click “OK”.

It is precisely this situation that has cost Google a fine of 50 million euros by the National Commission for Information Technology and Freedoms (CNIL), who argued that the company did not respect the obligation to report on the processing of personal data in a transparent, intelligible and easily accessible way.

According to the CNIL, when creating a Google account on an Android phone, Google would be providing Terms and Conditions regarding privacy in a scattered manner and with documents that are difficult to read. The same commission, in addition, maintained that the privacy rules would be contained not in the main document of Terms and Conditions, but in other secondary, which evidently does not help the user to give an informed consent in the terms that appear in the Art. .7 of the General Regulation for the Protection of Personal Data (GDPR), in force in Europe. The regulation GDPR requires in its Art. 12 a level of effective information to the user that goes beyond the acceptance of an extensive text and in small print.

This fine to Google is a relevant precedent, making it clear that the information of terms and conditions difficult to read and understand is not enough to comply with the regulation. In Chile there is already a data protection bill, which includes provisions that require the existence of informed consent. The above invites us to ask ourselves if the Terms and Conditions, which many companies have on their websites, fulfill the role of serving for an informed consent.


Diego Maldonado Rosas

Lawyer, Technology and Industrial Property. Apparcel Uriarte & Vassallo lawyers.

dmaldonado@apparcel.cl

 For more information, read here the text of the sentence and this article of The Guardian where there is even talk of hidden biblical clauses

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