Initiating measures against unfair app-terms

Terms and conditions that are too complex or unfair are in conflict with the law. The Consumer Ombudsman has the mandate to stop this kind of practice.

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Gry Nergård. Foto
TAKING INITIATIVE: – It is important that we do something about this now, so that we can avoid bigger problems in the future, says Norwegian Consumer Ombudsman Gry Nergård.

The Norwegian Consumer Council has, through its #appfail-campaign shown how long and unclear many of the terms and conditions for everyday apps are. Reading the terms and conditions for the apps used by the average Norwegian took more than 30 hours. The stunt shows that these complex, long and unclear terms are becoming a big problem.

– We have started proceedings, and we will also pursue this discussion internationally, says Consumer Ombudsman Gry Nergård.

It is impossible for the average consumers to familiarize themselves with the terms and conditions of many apps. That is why most people accept the terms, without knowing what the company behind the app then gives itself the right to do.

– We are currently processing a complaint against Tinders terms and conditions, and we hope this case can help us form some principles for how these terms should be. We will then use these principles in our future proceedings with apps, both in Norway and internationally, says Nergård.

A problem that crosses borders

Today, there is a large amount of app-users, and the terms and conditions are accepted by many consumers every single day. Many of the companies behind the apps are global corporations, so in addition to carrying out proceedings in Norway, it is necessary to bring the discussion up in international forums.

– We will take initiative for this issue to be part of the discussion at an international conference in September, says Nergård.

The conference will house consumer authorities from more than 50 countries, and is arranged by ICPEN – an international and worldwide network for authorities governing laws and regulations concerning illegal marketing and consumer protection.

Cooperation with Norwegian authorities

The Consumer Ombudsman is also cooperating with The Norwegian Data Protection Agency to handle app-related issues concerning the collection and use of personal data.

– It is important that we do something about this now, so that we can avoid bigger problems in the future. That is why we will, in addition to initiate proceedings, discuss the app terms and conditions with other authorities, both here in Norway and internationally.