Google and itunes sued for app stores

25 clauses in the general terms and conditions of business (GTC) are objected to in each case, as announced by the consumer users in berlin on monday. Complaints included a lack of an imprint on the website, excessively long contractual terms and conditions and clauses to the detriment of consumers.

After reviewing the terms and conditions, the consumer advice center sent warnings to five app store operators demanding that they issue a cease-and-desist declaration with a penalty clause. Microsoft and nokia had already followed this demand and changed their terms and conditions accordingly, vzbv representative bianca skutnik told the dpa news agency.

Samsung had partially agreed to a change of the objected clauses. Google and itunes, however, had refused to issue a cease-and-desist declaration and had now been sued before the berlin district court. There is no date for the negotiations yet, said skutnik.

At both google play and itunes, consumer users objected to 25 general terms and conditions clauses in each case. With both providers, personal data was collected, evaluated and processed without the users’ active consent. "The terms of the contract do not allow control over this sensitive data," criticized the consumer center.

The vzbv complained about wording on google which, in its view, restricted consumers’ rights of revocation, notice and warranty, for example by using vague terms such as "possibly" or "under certain circumstances". Itunes has been criticized for the length of its terms and conditions, which run to 21 A4 pages and are "almost completely unnumbered and written in type coarse 9".

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