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Procon-SP Applies FaceApp-Related Apple and Google Million Dollar Penalty

You must remember well the FaceApp, the last passing fever that affected the internet. At the time, we reported that the viralization of the app raised concerns about privacy, and that the Procon-SP even notified Apple and Google of FaceApp's privacy policy. Well, the company behind the app ignored the case, while the tech giants denied any responsibility.

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.

The fine, as discussed earlier, was because companies that have responsibility for essential data on the products and services they offer only made information (in privacy policy and terms of use) available in English, which made it impossible for many consumers to know from the content. This, of course, goes against the law (Article 31 of the CDC). Proper information, clear and in Portuguese language is the basic right of all, according to Procon-SP.

Abusive clauses

Also according to the agency, the giants established abusive clauses in privacy policy and terms and services, in violation of Article 51 of the CDC, items I, VII, XV.

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.