IP and Social Networks: The Paris District Court Invalidates IP Clauses of Google+ Terms of Use
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IP and Social Networks: The Paris District Court Invalidates IP Clauses of Google+ Terms of Use

It’s been rough weather for Google in France. Three weeks after the French ‎Data Protection Authority imposed a record fine against Google for non-compliance with the GDPR , the Paris District Court (“Tribunal de Grande Instance”) invalidated 38 clauses of Google’s Privacy Policy and Terms of Use for Google+, the Internet-based social media network owned and operated by Google. This decision was rendered on February 12, 2019 in an action that was initiated against Google Inc. in 2014 by an old French consumer not-for-profit organization, UFC QueChoisir . It took 4 years for the case to get to trial, and an additional 11 months to issue a 136 page long decision, which is quite unusual according to French standards. The court invalidated 38 of the Privacy Policy and Terms of Use clauses for Google+, which amounts to more than half of the total number of clauses. The clauses were invalidated on various grounds, including non-compliance with the Consumers Code and the Data Protection Law. Google claimed that the Consumers Code did not apply because its Google+ services are provided free of charge. The court disagreed, finding that the criterion is whether the services are being provided in consideration of […]

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