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Google implementing stricter AdSense user consent policy to comply with EU data protection authority requests

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Europe Antitrust Google

Google announced today that it is updating its AdSense user consent policy to comply with requests from European Union data protection authorities. The updated user consent policy strengthens the requirement that publishes with audiences in the EU obtain permission from readers before collecting usage data and accessing cookies. Google says the updated user consent policy follows its own approach to comply with privacy laws. The company outlines the updated user consent policy for website and app publishers with EU readers and users:
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Harvard/Columbia study for Yelp may influence level of European antitrust fines for Google

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A study commissioned by Yelp and carried out by two prominent U.S. academics has quantified the impact of Google giving prominence to its own services over organic results, reports the WSJ.

The study’s authors— Michael Luca of Harvard Business School and Tim Wu of Columbia Law School—found that users were 45% more likely to click on results that were ranked purely by relevance, rather than as Google ranks them now, with its own services displayed prominently.

The study of 2,500 Internet users said that the results provided empirical evidence that Google’s promotion of its own services resulted in lower-quality search results for consumers. Google, in contrast, had argued that its own specialist services can provide consumers with more precise answers to their queries.

Yelp was one of a number of companies that filed European antitrust complaints against Google five years ago, leading to a European Commission investigation that has been running ever since – with various attempts by Google to bring proceedings to and end. Some of these were rejected while others were accepted, but the EC finally decided in April to file charges against Google, before being told to expect large fines.

The results of this study may influence the level of these fines.

Photo: AP

EU says few people are appealing ‘right to be forgotten’ rulings, most denials justified

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Google controls most of the search engine market in Europe, and as a result receives most ‘right to be forgotten’ requests, those things where individuals can request the de-listing of links to sensitive information about themselves that are deemed out-dated or irrelevant. But more than half of requests are denied, and of those that are appealed, most of those are too denied – which the European Union says is just fine.


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France gives Google 15 days to expand right-to-be-forgotten worldwide or face sanctions

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Google has so far been meeting the controversial ‘right to be forgotten‘ ruling in Europe by removing links only from the local site for each country – google.com remaining unaffected. A French court ruled last November that removing links from google.fr was insufficient, and ordered Google to remove the links worldwide.

Google ignored the ruling, and Reuters now reports that the French data protection regulator CNIL has given the company 15 days to comply before imposing sanctions … 
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Report: European mobile networks to block Google & other web ads, threatening free sites

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The Financial Times is reporting that European mobile carriers are planning to block Google and other web ads in order to reduce demands on their networks and break Google’s hold on advertising (via TNW).

According to the story, which cites anonymous sources, the carriers have installed software from Israeli ad-blocking firm Shine in their data centers to block advertising in Web pages and apps, but not social networks.

Many websites, 9to5Google among them, depend on ad revenue to deliver free content to their readers. Any move to block ads could have far-reaching consequences … 
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Google reveals easy & difficult ‘Right to be forgotten’ cases, as possible compromise emerges

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The controversy over the ‘right to be forgotten‘ by Google has often seemed destined to run forever, Google arguing that it was being asked to make “difficult and debatable judgements” based on “very vague and subjective tests,” while European courts said that the company wasn’t fully complying with the law.

Google said that it was complying with court orders by removing “outdated or irrelevant” sensitive information about individuals from its European sites, while leaving the .com site untouched. European courts want Google to remove results from google.com also.

A piece in the WSJ suggests that a compromise may be reached, however, as Google revealed examples of what it described as easy and difficult cases … 
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What analysts expect from Google’s earnings call later today, and how to listen in

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A neon Google logo is seen as employees work at the new Google office in Toronto

Re/code has a roundup of what analysts are expecting from Google this afternoon, when the company announces its Q1 earnings and provides at least a little guidance on the future.

Consensus estimates are for net revenue of $14.12 billion, a 16 percent uptick year over year. Currency winds could drag down the numbers.

Google isn’t expected to reveal much information about its future plans, but analysts expect at least some degree of clarity in three areas, says the piece … 
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EU files formal antitrust complaint against Google, begins separate Android investigation. Google responds

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As expected, the EU has formally accused Google of abusing its dominant position in search to favor links to its own products over those offered by competitors. The complaint takes the form of a Statement of Objections: a formal method of announcing that it believes Google has acted illegally and that a full investigation is underway.

The Commission’s preliminary view is that such conduct infringes EU antitrust rules because it stifles competition and harms consumers. EU Commissioner Margrethe Vestager said that “Google now has the opportunity to convince the Commission to the contrary. However, if the investigation confirmed our concerns, Google would have to face the legal consequences and change the way it does business in Europe.”

Google has not wasted any time in attempting to convince the Commission otherwise, arguing in a blog post that the evidence shows that Google has not harmed traffic to competitor websites … 
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Google expected to face formal European antitrust charges tomorrow

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Update: the EU Commission has now filed its complaint

It doesn’t sound good for Google in Europe where the company has faced continued criticism, some comical and some less so, for using its dominant 90+% search share to give advantages to its other properties and squash competitors. FT:

Google will on Wednesday be accused by Brussels of illegally abusing its dominance of the internet search market in Europe, a step that ultimately could force it to change its business model fundamentally and pay hefty fines. Margrethe Vestager, the EU’s competition commissioner, is to say that the US group will soon be served with a formal charge sheet alleging that it breached antitrust rules by diverting traffic from rivals to favour its own services, according to two people familiar with the case.

The NYTimes:

Europe’s competition chief, Margrethe Vestager, is expected to make an announcement that Google has abused its dominant position on Wednesday in Brussels, according to two people who spoke on Tuesday on the condition of anonymity…

“The E.U. competition commissioner, Margrethe Vestager, will decide what steps they want to go,” Günther Oettinger, a German politician who is charge of Europe’s digital economy, told Die Welt am Sonntag, a German newspaper, on Sunday. “I think that they will be far-reaching.”

Google has yet to comment on the matter but if Google fails to rebut any formal charges, Ms. Vestager could “levy a huge fine that could go above 6 billion euros, or $6.4 billion, amounting to about 10 percent of Google’s most recent annual revenue”.

Google stock is off 2 points today.

Image via TNW


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Report: EU preparing to file antitrust charges against Google

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File photo shows people walking by a YouTube sign at the new Google office in Toronto

According to a report from The Wall Street Journal, the European Commission is preparing to file antitrust charges against Google. The charges come after a five-year long investigation that’s stalled three times and caused strong political divides in Europe.

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EU court says ebooks aren’t books, must be subject to higher tax rates

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Europe’s top court has declared that ebooks are ‘services’ rather than books, and that European countries are not allowed to give them the same favorable tax treatment as paper books. The reasoning, such as it is, is that ebooks cannot be used without a physical device, and ebooks are a service provided to those devices.

Both France and Luxembourg have applied to ebooks the same reduced rate of VAT (sales tax) enjoyed by books made from crushed trees. The WSJ reports that the EU has ruled that this is illegal.

Since 2012, France has applied a 5.5% VAT rate and Luxembourg a 3% VAT rate on e-books, the same rate as for paper books. The European Court of Justice said both countries must apply their normal VAT rate, which for France is 20% and for Luxembourg is 17%.

Europe already closed one ebook-related tax loophole: Amazon used to use its Luxembourg base as a reason to charge just 3% on ebook sales throughout Europe, but a change in the law forced it to apply the VAT rate applicable to the customer’s own country.

There is some small hope that sanity may prevail in future. The European Commission has said that there may be legal mechanisms through which countries can in future define their own policies, with an “extensive overhaul” of VAT rules to be completed next year. However, don’t be surprised if ‘harmonization’ of tax rates for paper and digital books results in higher taxes on the former to pay for lower taxes on the latter …

Via Engadget

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Google settles dispute with UK, agrees to change privacy policy by June

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Google has had its fair share of privacy-related run-ins with the authorities in Europe, but will now be able to put one of those disputes behind it. TechCrunch reports that the company has reached an agreement with the UK’s privacy watchdog to change its privacy policy in order to comply with UK law.

The UK’s Information Commissioner didn’t object to the personal data collected by Google, but found that it was not properly explaining to consumers what data was collected and how it would be used. Google has agreed to include illustrative examples to help consumers to understand its policies.

In particular the Commissioner recommended that the data controller should do more to bring users’ attention to processing which would not be within their reasonable expectations. When considering this point it was noted that some users will not have sufficient technical knowledge to fully appreciate the ways in which the data controller can obtain their data from their use of the data controller’s products and services, how the data is combined, and how behavioural advertising on the internet operates. It was suggested that further examples of the processing would assist in this regard.

Google also came under fire in the UK last year for continuing to drop cookies in Safari even when users had switched off this option.

Its far bigger fight against Europe’s ‘right to be forgotten‘ legislation is likely to continue to run for some considerable time.

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Google Play services ceasing in Crimea on 1st February, AdSense & AdWord blocks underway

Google's Moscow offices

Google’s Moscow offices

Google has started to block AdSense and Adwords accounts in Crimea, and Google Play services will cease on 1st February, reports TechCrunch. The moves are being made in order to comply with sanctions on the Crimea region of the Ukraine imposed by the US Government.

Free services, like search, maps and gmail are all expected to remain unaffected, but all services involving payment to or from Google will cease, said Russian site Lenta.ru.

 “Google’s prohibited from providing paid services in the Crimea,” a source at Google told Lenta.ru. “In addition, Google cannot make payments to anyone in the Crimea. It is now technically impossible, as almost all international banks have ceased to make payments.”

The US joined the EU in imposing economic sanctions in protest at Russia’s annexation of the Crimean peninsula, which legally remains part of the Ukraine. TechCrunch notes that the political conflict could escalate, with the possibility that Russian government may retaliate by blocking the sale of US imports into Russia–an important market for many US companies, including Google.

Apple terminated its own agreements with app developers in the region earlier this week, and has announced that all sales of Apple products and services will cease as of 1st February. Other companies are similarly ceasing business in the region, including both Steam and PayPal.

Spanish newspapers drive Google News out of Spain, then ask Government to force it to return

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Google's Madrid offices

Google’s Madrid offices

Most newspapers were slow to get the hang of the Internet, and Spanish ones more than most, it appears. After successfully lobbying for a law which would force Google to pay them every time it quoted even the smallest excerpt of a story in its Google News search results, Google responded by closing the service in Spain.

Belatedly realising they will now be missing out on all the traffic Google used to drive to their websites, the Spanish newspaper publishers’ association AEDE is asking the government to force Google to re-open the service, reports The Spain Report … 
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European Court of Justice publishes ‘Right to be forgotten’ guidelines – and they are vague

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More than six months after handing down its controversial ‘right to be forgotten‘ ruling, in which individuals in Europe have the right to have ‘inaccurate, outdated or irrelevant’ links deleted from search engine results, the European Court of Justice has finally published guidelines on how the ruling should be applied.

While the guidelines acknowledge the need to balance the rights of the individual against the public interest, the specifics are best described as vague … 
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European Parliament approves proposal to break up Google – but it doesn’t mean much

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A European Parliament motion calling for the breakup of Google, separating out the search business from the company’s other activities, has been overwhelmingly approved, reports the WSJ.

In a vote in Strasbourg, 384 legislators voted in favor of the controversial initiative, with 174 against and 56 abstentions […]

“Clear adoption by the EP of Digital Single Market motion, including unbundling for search engine if needed,” tweeted Ramon Tremosa I Balcells, a lawmaker from Spain who backed the proposal.

The vote comes just a day after a separate European call for the controversial ‘right to be forgotten‘ ruling to be extended to google.com as well as the European versions of its sites … 
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The EU reportedly wants Google to separate search from the rest of its business

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Google’s ongoing battle with the European Union may have just taken a nasty turn. A new draft motion from the European Parliament is looking to separate the outfit’s search business from the rest of its operations. This comes after years of accusations against the company claiming that it exercises adverse practices, showcasing its own products while burying its competition.


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‘Right to be forgotten’ by Google may extend beyond Europe following court ruling

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Europe’s controversial ‘right to be forgotten‘ ruling, giving individuals the right to have sensitive information about them removed from search engines if it is deemed to be ‘out-dated or irrelevant,’ could extend beyond Europe following a recent court ruling.

Google has so far been removing links only from its European sites, for example google.fr in France and google.co.uk in the UK. However, a French court has now ruled that Google is required to remove links globally, and that local subsidiaries can be fined if the company fails to do so, reports the Guardian … 
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Yelp, TripAdvisor, others team up against Google in new “Focus on the User” campaign

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Google has long been the subject of antitrust complains and investigations in Europe, but now, some of the company’s competitors are starting to take note of its actions and step forward with their own issues. Yelp, TripAdvisor, and several other companies on Monday teamed up to launch a new website, Focus on the User, on which they express concerns regarding Google’s tendency to promote its own services at the expensive of its rivals. Which in turn, the companies argue, make it harder for customers to find Google’s competitors in results.


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European Union tells Google combining user data across services without opt-out is illegal

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Google has come under fire from European Union officials on a number of fronts already. It’s been accused of unfair search results, been criticized for the way it has implemented the controversial ‘right to be forgotten‘ ruling and asked to stop describing apps which offer in-app purchases as ‘free.’

Reuters now reports that the EU believes Google is breaking the law in combining user data across unrelated services like Gmail, YouTube and Google Maps without offering users an opt-out, and the way in which it has consolidated 60 separate privacy policies into one … 
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Google opens registration for ‘Right to be Forgotten’ public meetings in Madrid and Rome

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Just under a month ago Google shared a list of cities where it would host public meetings for the Advisory Council to Google on the Right to be Forgotten following the European Union Court of Justice decision in May that individuals have the right to request Google remove information from its search results. With the first of those public meetings scheduled for September 9th in Madrid, Google is today starting free online registration to attend the meeting.

A limited number of seats will be available for members of the public at each Council meeting. We’re opening up the online registration process today — and you can sign up for the Madrid meeting and the Rome meeting. Registration will remain open until five days before the event. There is no charge to attend.


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Google hosting Advisory Council on Right to be Forgotten across Europe including Rome, Paris, & London

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Europe Antitrust Google

Much discussion on Internet policy has been prompted since the European Union Court of Justice ruled in May of this year that it is an individual’s right to request Google remove sensitive information from search results. Since the ruling on the Right to be Forgotten, as it is often called, Google has established a web page dedicated to taking such requests and begun removing data from its search results as requested although that hasn’t been without further complaints from EU regulators.

For its part, Google has shared its criteria for information removal and announced an the establishment of an advisory panel of experts for fielding concerns throughout this fall over the policy and its implementation. Today the search giant has shared the dates and cities of when that advisory panel will host in-person public discussion on the right to be forgotten. Check below for the specifics:
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