Italian antitrust regulators have found that iCloud Apple terms and conditions are unreasonable and unfair for consumers, and can violate consumer protection laws.
Clearly this is wrong timing since the iPhone 13 was recently released. This is the latest in a long line of antitrust investigations and lawsuits faced by the company.
Public investigations and consultations are carried out after complaints, and a number of Apple terms are considered to violate the law.
The announcement was made in a report by Autiitha Garante Della Concorrenza E del Mercato (guarantee authorities for competition and market).
It is said that every consumer association participating in consultation agreed that the provisions were not balanced and unfair. In particular, he quoted three elements.
Right of Apple to modify the provisions
ICloud terms and conditions say that Apple can unilaterally modify it at any time, without imposing a concrete limit about the impact of this change. Contracts depend on unclear terms that say that every change must “make sense,” without giving an example.
Lack of data protection and guarantee
Apple encourages consumers to use iCloud to secure and back up their data, but the company does not offer details of the protection used, also does not offer guarantees. Indeed, the terms specifically exclude any responsibility for data loss.
Authority found that marketing material for iCloud described it as a form of safe storage and reserves, while terms and conditions contrary to this. One example given is that Apple states that it has the right to remove iCloud reserves if they are not updated in a period of six months, while most consumers completely not realize it, assuming their data is safe without limits.
Exceptions of other liabilities
The regulator found that the contract utilizes the exclusion of extensive obligations, so that companies can free themselves from all failures without compensation to consumers. He also said that the term made him very uncertain like jurisdiction.
Apple defends iCloud Terms and Conditions
Apple stated that it only changed the term twice in five years, once pure to change the company’s name, and other changes would be liked by consumers.
The iPhone maker said that he offered a free iCloud Tier [which was famous and almost all useless 5GB one] and could not be expected to maintain free data without time limit. It is said that the accountability limit explicitly states that they only apply to the maximum permitted by law, and therefore cannot violate the law.
More broadly, Apple said that conditions like it are common for all cloud services, and are designed only to attract consumer attention in the fact that there is no fully risk free cloud service.
Not immediately clear what the next step in resolving the dispute.