This week, as reported by the Tecnoblog (more precisely on August 28), Procon-SP acted again and fined both Apple and Google, authorized providers of the FaceApp application, for having breached the Consumer Protection Code (CDC). And the values were not small, in: R $ 7,744,320.00 for Ma and R $ 9,964,615.77 to Google (maximum amount set by the CDC, say) the fines will be applied by administrative procedure.
One of the clauses provides for the possibility of sharing consumer data the user content and information with the companies that are part of the same group, service providers and third party organizations, violating the right not to provide third parties with their personal data and also infringing the Internet Civil Framework (article 7, VII, Law 12.965 / 14).
In addition, there is a clause stating that consumer data may be transferred to other countries that do not have the same data protection laws as those of the country of origin, which implies waiver of consumer rights.
Another clause stipulates that conflicts between users and companies are resolved not by a court of law, but by a service performed in Santa Clara County, California, mandating the compulsory use of arbitration. The companies also establish a clause that limits and exempts their liability for addiction (problem) of any nature of the product or service available.
Neither Apple nor Google have yet to comment on the matter any news, of course, we will inform.
It is worth noting that companies can appeal, in two administrative instances, to Procon-SP itself, as informed by the G1. In addition to the right of defense within the state agency, they may appeal these fines or pay them, with a 30% discount if such payment is made available.