EU: Facebook and Twitter fail to comply with consumer protection rules

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The changes that Facebook and Twitter have made to their terms and conditions at the request of Europe are not yet sufficient to comply with European consumer law. The European Commission threatens sanctions.

Facebook, Twitter and Google+ announced on Thursday what changes they want to make to the terms and conditions to comply with EU consumer law. The changes to Twitter and Facebook are still insufficient, the European Commission has concluded. They fall short in terms of liability and how they inform users of the removal of content they have posted or the termination of their contract. The adaptations of Facebook and Twitter are also not sufficient with regard to reporting illegal messages: they do not promise the period within which they will process reports.

Google seems to be doing better with its terms for Google+. That company will use time limits for processing requests. Věra Jourová, European Commissioner for Justice, Consumers and Gender Equality, is pleased that some companies are making their platforms ‘safer for consumers’: “But it is unacceptable that not all the necessary changes have been made yet and that this is taking so long .” She is proposing sanctions if the situation does not improve. Enforcement, moreover, lies with the authorities in the Member States.

A change that brings the conditions in line with European consumer law includes that consumers in the EU are no longer forced to waive their consumer rights, such as the right to withdraw from an online purchase. In addition, users can now file complaints with a judge in Europe instead of California. The companies also promise to abide by the obligation to make it clear when commercial content and sponsored communications are involved. Previously, they invoked an exemption for this with their conditions. Facebook amended its terms at the end of January, Twitter and Google promise to do so in March.

The European Commission makes clear in an overview which requests Twitter, Facebook and Google already comply with with their changes and which do not yet. The EU has been trying to get companies to adapt their conditions to EU law since 2016.

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