Italy’s antitrust regulator reaches agreement with Google on data portability case

Italy’s antitrust regulator (AGCM) has reached an agreement with Google to conclude a data portability investigation. AGCM initiated the investigation against Google in July 2022 alleging that Google had abused their market position by limiting interoperability and reducing user’s data portability. Data portability is protected under GDPR Article 20 which outlines users’ rights to receive their own data and have this data transferred between controllers. Google would have been liable for a fine of up to 10% of yearly global sales revenue if it had been found to have abused its market position to breach users’ data rights. On Monday, AGCM accepted Google’s commitment to modify backup data services improving user access to personal data and introducing test software to facilitate data transfer to other controllers.

Read more below for a round-up of the other major tech policy stories currently shaping the industry.

The US SEC has filed a complaint against the founder of cryptocurrency Hex alleging raising over $1bn in unregistered crypto assets and defrauding investors of over $12mn. The unregistered securities charges were made against Richard Heart, Hex, PulseChain and PulseX and allege that the defendants violated the Securities Act of 1933. The fraud charges relate to Heart and PulseChain and include allegations that Heart spent investors’ money on luxury items including a 555-carat black diamond purchased at a Sotheby’s auction for more than $4mn. The case forms part of a wider SEC crackdown on cryptocurrency companies with the SEC filing lawsuits against against exchanges Binance and Coinbase in June this year.

The Bavarian data protection regulator has been investigating Worldcoin since November last year. Worldcoin, launched last week, is a cryptocurrency project using biometric iris data to provide users with a ‘digital passport’. User signup to Worldcoin requires an iris scan at one of the company's sites. The investigation by the Bavarian State Office for Data Protection Supervision (BayLDA) related to concerns about the ways in which Worldcoin will be processing and storing a large volume of sensitive biometric data. With more than 2mn users enrolled since Worldcoin began trialling the project in 2021, several regulatory agencies throughout Europe including the UK ICO have raised concerns about data privacy compliance.

California’s privacy regulator is exploring the legality of data protection practices within the automotive industry. The Executive Director of the California Privacy Protection Agency Ashkan Soltani stated that the inquiries were motivated by the fact that modern vehicles “collect a wealth of information via built-in apps, sensors, and cameras, which can monitor people both inside and near the vehicle”. The agency’s inquiries reflect wider regulatory concerns over data collection in the automotive industry following a rapid increase in smart technology in cars.

The UK CMA has called for public comments on the Microsoft-Activision deal by August 4th. Since the CMA blocked the $69bn acquisition earlier this year due to antitrust concerns Microsoft has made a series of commitments centred around long-term licencing deals with competitors. A spokesperson for the CMA said that it was possible that alterations to a deal could alter the regulator’s decision although they stated it was rare that decisions would be reversed. The CMA’s decision deadline is August 29th and the deadline for the acquisition to be completed has been extended to October 18th.

Reporting by Nick Scott. For further reads try:

What does the future hold for generative AI services?by Deloitte

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