Excerpt
The Italian DPA fined Douglas for providing a single button to accept the general terms and conditions, privacy policy and cookie policy. Additionally, there was no information about data processing in its privacy policy.
Our analysis
The DPA launched an investigation into the controller's data collection practices, specifically focused on its app and privacy policy. During the investigation, the DPA conducted tests on the controller's app and found several deceptive patterns used during the registration process. The user was presented with a single button to accept multiple policies. The bundling of choices was seen as a single button was used to accept the general terms and conditions, privacy policy, and cookie policy.
Furthermore, when creating an account on the app, the user was asked to provide an email address and date of birth. However, the information provided to customers regarding the purposes of processing and the legal basis was incomplete and inadequate. The deceptive pattern of hidden information is seen here as the privacy policy informed interested parties that their data would be processed for a variety of purposes based on consent, but failed to provide any information on how data collected separately by the three companies was processed after the merger.
The DPA found that the controller violated Article 13(2)(a) GDPR by failing to provide complete information about the processing of personal data acquired through the merger. Additionally, the controller violated Article 5(2), Article 24, and Article 13 GDPR by not providing evidence of the purposes and criteria for the storage of personal data processed through the blog and for the blog's lack of privacy notice. Article 5(2) GDPR requires that personal data be collected for specified, explicit, and legitimate purposes and not further processed in a manner that is incompatible with those purposes. Article 24 GDPR mandates that controllers implement appropriate technical and organizational measures to ensure and demonstrate that processing is performed in accordance with the GDPR. Finally, Article 13 GDPR requires that controllers provide clear and concise information to data subjects about the processing of their personal data.
Outcome
The controller faced corrective measures from the DPA under Article 58(2) GDPR to align its processing activities with GDPR regulations. The measures included revising the privacy and cookie policy, disposing of personal data older than 10 years (excluding ongoing disputes), and deleting or making anonymous recently collected personal data. The controller was also required to implement organizational and technical measures to ensure the proper handling of customer data in line with principles of purpose, storage limitation, and data minimization. In addition to these measures, the DPA imposed a fine of €1,400,000 on the controller for breaching multiple GDPR provisions.
Parties
Ms XX (Complainant) and Douglas Italia S.p.a.
Case number
9825667
Decision
Related deceptive patterns
Sneaking involves intentionally withholding or obscuring information that is relevant to the user (e.g. additional costs or unwanted consequences), often in order to manipulate them into taking an action they would not otherwise choose.
Forced action involves a provider offering users something they want - but requiring them to do something in return. It may be combined with other deceptive patterns like sneaking (so users don't notice it happening) or trick wording (to make the action seem more desirable than it is). Sometimes an optional action is presented as a forced action, through the use of visual interference or trick wording. In cookie consent interfaces, forced action is sometimes carried out through "bundled consent". This involves combining multiple agreements into a single action, and making it hard or impossible for a user to selectively grant consent.
Related laws
Requires personal data to be processed lawfully, fairly, and transparently.
Legal basis for processing personal data are performance of contract, legal obligations compliance, protection of vital interests, controller's legitimate interests, and data subject's consent.
Valid consent conditions include being freely given, specific, informed, and unambiguous, and the data subject should be able to withdraw it anytime.
Ensures transparent information and easy access for individuals to their personal data processing, with the right to obtain a copy in a clear and common format.
Controllers must provide identity, contact details, processing purposes and legal basis, recipient information, retention period, and data subject rights when collecting personal data.
Requires data controllers to implement appropriate measures to ensure data protection and to demonstrate compliance with GDPR.
Mandates that data protection must be incorporated into the design of systems, and that privacy must be a default setting for all data processing activities.