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Enforcement reality - experience of consumer associations
Finn Lützow-Holm MyrstadHead of Section, Digital PolicyTwitter: [email protected]
forbrukerrådet.no
Rights in digital services
Challenge
Consumers give away of personal information and rights without knowing or realising the
potential consequences
• Our work: We analyse whether the terms of the most used digital services are fair:
– Ability to unilaterally change terms?
– Respect of copyright?
– Do the services treat your information securely?
– Do they sell user information to third parties?
– Etc.
forbrukerrådet.no
Rights in digital services
• The “soft” approach of the Norwegian Consumer Council:
1. Dialogue with company or business (develop guidelines etc.)
2. Media (sometimes first)
3. File complaint to relevant authority (Consumer Ombudsman, Data Protection Authority, Competition Authority)
4. As a final measure, we go to court
forbrukerrådet.no
The study of popular cloud storage services
• 7 services selected based on market share and unique features
• Purposely kept the study short as we did not want to replicate the length of the Terms and Conditions
forbrukerrådet.no
Content ownership and protection against data loss
“Even if your phone goes for a swim, your stuff is always safe in Dropbox and can be restored in a snap.”
Dropbox: "Safe and secure”
"iCloud helps give you peace of mind."
"Protect your files with SkyDrive”
forbrukerrådet.no
Privacy
• Terms must clarify what their “right to review content” means
• Seen in relation to Google’s and Microsoft’s broad licenses makes this a much more serious issue
forbrukerrådet.no
Amendment of the terms, account termination
• Apple has unfair terms that must be changed
• Difficult to resolve a dispute with services not bound by European law
forbrukerrådet.no
Complaint regarding Apple iCloud’s terms
Full text of the complaint available at http://www.forbrukerradet.no/_attachment/1175090/binary/29927
forbrukerrådet.no
Benefits and disadvantages with the «soft approach»
• Benefits
– Much less time-consuming
– Development of better standards through dialogue possible (net neutrality guidelines in Norway has worked)
– Complaints handled by competent authority frees up resources with us once complaint is filed
• Disadvantages
– Lack of jurisprudence / case law
– Time lost if issue is important if issue is not resolved