The most natural thing, when creating a Google account, is that we ignore the Terms of Use, as if they weren’t important or we already knew them by heart. However, it is important to take them into consideration, as they vary from country to country. In Portugal, Google’s new Terms of Use came into force on January 5, 2022. But what do they tell us?
Google begins its Terms of Use by explaining that these are fundamental to establishing the relationship between the company and its users, reflecting the operation of the business, applicable laws and fundamental principles. These terms are divided into three main areas: customer expectations, which establish rules for using services; content on the services, which describes the intellectual property rights associated with the content found on the services; and issues and disagreements, which address customers’ other legal rights and the consequences of violating the terms. Furthermore, Google also has a Privacy Policy to protect users’ privacy.
Let’s start with the mandatory minimum age. According to the company, if the user’s age is below the mandatory minimum age to manage their own Google Account, they must have permission from a parent or legal guardian to use it. This age varies from country to country – in Portugal the minimum age is 13, while in France it is 15 and in Germany 16. Of course, some Google services have additional mandatory minimum age requirements. According to the company itself, Google provides a wide range of services that vary between apps and websites (such as Google Search and Maps), platforms (such as Google Shopping), integrated services (such as Maps embedded in apps and websites from other companies) and devices (like Google Nest).
Google’s Terms of Use highlight the importance of respecting others, and therefore there are several “basic rules of conduct”: comply with applicable laws, including export control laws, sanctions and human trafficking laws ; respect the rights of others, including privacy and intellectual property rights; not abuse or harm others or yourself (or threaten or encourage such abuse or harm), for example, by misleading, defrauding, illegally stealing another person’s identity, defaming, bullying, harassing or stalking and intimidating third party, and not abuse, interfere with or interrupt the services — for example, using them in fraudulent or deceptive ways, introducing malicious software, spamming, pirating or circumventing systems or protection measures. If any user considers that there are third parties who are not following these rules, many of the company’s services allow them to report abuse.
Google allows users to upload and share content, as long as they have the necessary rights and it is legal. The company emphasizes that user content is always its property and that it retains intellectual property rights over it. If a user decides to remove their content from Google services, the company guarantees that it will no longer be made publicly available, unless it has already been shared with third parties or through other companies’ services.
Google services can also be used on behalf of an entity or company, as long as there is an authorized representative to accept the terms and conditions. In this case, the entity administrator may establish additional rules that must be followed. Some services offered by Google include their own content, such as illustrations on Google Maps. Although users can use it, they are not permitted to modify or remove any Google marks. Additionally, access to third-party content requires explicit authorization from the third party or must comply with applicable law.
With regard to the legal guarantee, Google assures consumers in the European Economic Area that they are protected by consumer guarantee laws. This covers digital content, services or goods provided by the company. In case of violation of the terms by the user, Google has the right to warn or remove the content in question. Examples of violations include child pornography, terrorist content, or violations of third party intellectual property rights. Google also has the right to suspend or terminate access to the Services in serious cases of breach.
If you are a business user or organization, if you violate the terms, to the extent permitted by applicable law, you will indemnify Google and its directors, agents, employees and contractors against any third-party claims. “This compensation covers any liabilities or expenses resulting from complaints, losses, damages, lawsuits, fines, court costs and attorneys’ fees,” lists Google. If you benefit from a legal exemption from certain responsibilities, including indemnification, these will not apply to that entity under certain terms.
According to the company, respect for the privacy and security of its users’ data is the basis of its approach to responding to data disclosure requests. However, since July last year, a Google update has allowed the company to collect and analyze public data to train its artificial intelligence (AI) systems. First, as AI technologies become more advanced, technology companies have an increasing appetite for data. However, this data collection must be done legally and ethically, with users’ consent and knowledge of how their information is used. Second, people must decide carefully what they share online and be aware that public posts can be used in ways that are difficult to predict. While AI promises many benefits, it also introduces new challenges that we must overcome if it is to be an ally and not an enemy.
On the other hand, a tip from Google led to the arrest of a man from the US state of Florida, who was accused of possessing child pornography. In July last year, Google informed the National Center for Missing and Exploited Children (NCMEC) that an individual, later identified as 21-year-old Nicholas Vincenzo Elias, had violated Google’s terms of use by uploading explicit images, including a large amount of child pornography. The information provided to NCMEC contained details about the contents of Elias’ account and its location. Authorities obtained a search warrant to access the contents of Elias’ Google Drive, and during the investigation additional personal information was discovered. Google Drive contained 178 unique files, with approximately 60 considered child pornography content under Florida State Statutes. In addition, around 27 files were categorized, among others, as indicative of child sexual exploitation. The man was eventually arrested in October.
i contacted all parties with parliamentary seats but, at the closing time of this edition, had not received any response.
