Google Modifies User Data Consent After Italian Settlement

The Italian Competition Authority announced on March 15, 2024, that it has reached a settlement with Google to revise the design of its user consent terms regarding data sharing. This agreement highlights the ongoing role of national regulators in enforcing the European Union’s Big Tech regulations, even as the European Commission takes the lead on broader enforcement.

The investigation into Google began after accusations that the company employed “misleading and aggressive” commercial practices to encourage users to link services like Maps and Search. This conduct was found to violate Italian consumer protection laws and overlaps with the provisions outlined in the EU Digital Markets Act (DMA). The settlement illustrates how national authorities can still shape compliance with EU regulations, even in a centralized enforcement framework.

EU-Wide Implications of the Settlement

In a statement, a spokesperson for the European Commission welcomed the settlement, emphasizing that the planned changes would apply across the EU. “Google’s commitments are a good example of how the work of national authorities on consumer protection law complements the Commission’s enforcement of the DMA,” the spokesperson said. The changes are expected to enhance the clarity and accuracy of the information provided to users regarding how their personal data is combined and utilized.

This settlement comes amid broader discussions concerning the DMA, which has raised concerns within the Trump administration. During a recent visit to Brussels, U.S. Commerce Secretary Howard Lutnick urged EU regulators to reconsider the framework, arguing it disproportionately targets American technology companies. The U.S. has expressed unease over the DMA’s focus on major tech platforms, which are primarily based in the United States.

National Regulators Assert Influence

The Italian Competition Authority opened its investigation shortly after the DMA’s implementation in 2024. Google now faces the task of redesigning its consent screens, requiring Italian users to reaffirm their data preferences. Although these changes are initiated in Italy, they will affect users throughout Europe.

Following coordinated discussions with both the Italian authority and the European Commission, Google has agreed to implement these adjustments. A Google spokesperson noted, “We are making simple updates to our existing information screens to help users decide if they want to link our services.”

Despite the settlement, some consumer advocacy groups, including the European Consumer Organisation (BEUC), have criticized Google’s proposed solution, suggesting it may still mislead users. This scrutiny underlines the complex landscape of digital regulations where national authorities continue to play a crucial role.

The Italian regulator’s actions are not isolated. Prior to the DMA’s enforcement, the German competition authority intervened in Google’s data policies, prompting EU-wide remedies that extended similar rules beyond designated services like Search.

While the EU’s digital regulations aim to create a unified framework for tech companies, the Italian settlement serves as a reminder of the significant influence that national regulators maintain in shaping these policies. As Google navigates this evolving landscape, its commitment to clearer user consent screens may set a precedent for how digital companies engage with consumers across Europe.