Apple Lossless Audio CODEC (ALAC), is a company that analyzes all kinds of data sent from its customers' iDevices and although in the US it respects the legislation on the protection of personal data, it seems that the same thing does not happen in Germany. A local court decided that Apple does not have the right to take confidential data from consumers (locations, etc.) without telling them for what purpose they will be used and to which advertisers they will be offered.
Apple Inc. (AAPL), already facing a US privacy lawsuit over its information-sharing practices, was told by a German court to change its rules for handling customer data. A Berlin court struck down eight of 15 provisions in Apple's general data-use terms because they deviate too much from German laws, a consumer group said in a statement on its website today. The court said Apple can't ask for "global consent" to use customer data or use information on the locations of customers.
"The ruling shows the high importance of data protection for consumers in a digital world," said Gerd Billen, head of the group, Verbraucherzentrale Bundesverband.
Although in the iOS TOS Apple asks users to accept the fact that their data could reach anyone and be used for any purpose, the German court says that Apple cannot impose global rules in iOS. More specifically, Apple must make a warning message specifically for Germany that tells German citizens how the company intends to use their location information, etc., otherwise it risks not being able to sell iDevices in Germany.
Apple had already signed a binding declaration that it would not use seven of the 15 clauses VZBV had objected to before the German suit was filed, the consumer group said. The remaining eight provisions were invalidated by today's ruling, VZBV said. German law allows recognized consumer groups to sue companies over illegal terms and conditions. Apple asked customers in the terms for "global consent" to use their data, while German law requires that clients know in detail what data is used for what purpose, VZBV said. Apple also may not ask for permission to use names, addresses and phone numbers of users' contacts.
The German installation opposes a number of 15 clauses in the TOS of iOS, Apple has already obliged not to comply with 7 of them, but in the case of the other 8, they are going to appeal against the decision.
