Italy's competition watchdog investigates Google over misleading consent requests

Google (and its parent Alphabet) is facing a new investigation from the Italian Competition Authority "AGCM" over how the search giant requests consent from users to link their activity across various apps and services for ad targeting. The Authority alleges that the methods used by the company fall under "unfair commercial practices."

According to AGCM, the consent request "could influence the choice of whether and to what extent consent should be given" as it appears to include "inadequate, incomplete and misleading information." The Authority said in a press release:

This request would in fact appear to provide no relevant information - or would provide it inadequately and imprecisely - as to the real effect that consent has on Google"s use of personal data of users.

AGCM"s investigation will also focus on the potential drawbacks of the consent process, where users are left with limited choices regarding what services can access their data. It also suspects that Google may use various tactics to affect the users" decision-making and "condition the choice of freedom" when their consent is requested.

The Authority also alleges that Google may use techniques and methods for requesting consent, and also for setting up the mechanisms for obtaining consent itself, which could condition the freedom of choice of the average consumer.

Indeed, the customer would be induced to take a commercial decision that he/she would not have taken otherwise, by consenting to the combination and cross-use of his/her personal data among the plurality of services offered.

Google acknowledged the investigation from the Italian Competition Authority. "We will analyze the details of this case and will work cooperatively with the Authority,” a company spokesperson told TechCrunch.

This comes after the European Commission started a probe against Google in March under the Digital Markets Act (DMA) over potential compliance violations around self-preferencing on Google Search and steering in Google Play Store.

The DMA designates large online platforms such as Google, Apple, Meta, and others as "gatekeepers" based on various factors. These gatekeepers are required to obtain user consent before processing data for targeted advertising. The Italian watchdog"s investigation focuses on how the consent is being taken and data is linked across services.

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