Google’s European obstacle course
Google’s European obstacle course
New and existing laws could expose the company to more claims.
Google’s woes in Europe extend far beyond the two antitrust probes by the European Commission. In its year-end filing with U.S. regulators it warned investors: “We are subject to increased regulatory scrutiny that may negatively impact our business. A variety of new and existing laws could subject us to claims or otherwise harm our business.” Here is a sample:
1. Plaintiffs at the door
At least three complainants in the EU antitrust case have already filed lawsuits in their own countries. Foundem and Streetmap are demanding compensation in the U.K. courts, while 1PlusV has filed a lawsuit in France.
2. Google tax
In April, the U.K. introduced a new tax on companies transferring profits out of the country. The tax, designed to clamp down on aggressive strategies, has been dubbed the “Google tax” and is being watched across Europe.
3. Critical infrastructure
European legislators are debating new pan-European cybersecurity rules. Among other things, these would impose reporting requirements on operators of critical infrastructure and, if Germany, France and Europe’s large telcos get their way, big Internet companies like Google.
4. User says no
New privacy rules being debated by European lawmakers could require Internet firms to obtain explicit consent from any consumer whose data is stored or used. Under one proposal breaches could lead to companies being fined 2 percent of revenues, or $1.32 billion in the case of Google.
5. Privacy czars flex muscles
Google’s terms and conditions from 2012 landed it in hot water with half a dozen data protection agencies. They hit it with total fines running into the low millions. They claim Google appears to have paid the fine without making any changes. The company said it has made changes and is still trying to improve.
6. More plaintiffs
A group of privacy activists in the U.K. are suing Google for allegedly tampering with the privacy settings of Apple’s browser Safari to track users online. The U.K.’s Court of Appeal recently upheld the victims’ right to appeal, boosting their chances of success.
7. Battle with telcos
European lawmakers are locked in debate over new rules for Europe’s telecoms industry. Among the issues, telcos want to be able to manage users’ Internet traffic. They say that this would allow them to offer better services. But critics argue telcos will use such powers to hinder websites such as Google’s YouTube, which increasingly compete with telcos’ own content.
8. Right to be forgotten globally
Last week, France’s data protection supervisor said individuals should be able to remove references to themselves in Google’s global search results and threatened to fine the company if it did not comply. Following an EU court ruling last year, Google allows European citizens to contest references in European search results.
9; Rules fit for internet giants
French and German governments sent a letter to the Commission last year saying the Internet platforms had so much economic power in Europe that they need special regulations. While the Commission’s reaction has been lukewarm, it announced a probe into the matter. MEPs are keener: In November, a majority called on the Commission to consider unbundling Google’s search business from its other activities.
10. Paying the publishers
Austria, Germany, France, Poland and Spain have all introduced laws requiring Google to pay publishers for the snippets it uses in its Google News service. While Germany allowed publishers to forego the payment, which many did (including Germany’s largest newspaper publisher Axel Springer, the joint-owner of POLITICO Europe), Spain did not, and Google promptly pulled Google News. EU lawmakers are divided on the issue.