About a year ago, the Competition and Market Authority (AGCM) had launched a series of investigations against the cloud services of Apple, Dropbox and Google , suspected of violating consumer rights. After several months of verifications, in the latest bulletin the Guarantor confirmed the allegations, claiming that the terms of use of iCloud, Drive and Dropbox contain unfair clauses that infringe the rights of users.
Although the contracts of the three companies with users are obviously different from each other, it is possible to find three points in common that the Antitrust considered oppressive.
Simplifying a little, in fact, in all the terms of use of the three services in question there are clauses that refer to:
- the possibility to unilaterally modify the contract by notifying users and forcing them, if necessary, to interrupt the use of the service;
- the possibility to interrupt or suspend access , in case of particular situations, breaches of the contract or other particular contexts;
- the exemption from liability of companies in the event of data loss , but also of hacker attacks, and other situations that put users' files at risk.
With regard to iCloud, moreover, the three points listed above add the possibility for Apple to delete backups if the user does not access any iCloud service for at least six months.
The bulletin to which we refer contains the resolutions of the AGCM regarding the investigations against the three services, but there is still no information regarding which measures will be taken against the companies.