The Union Fédéral de Consommateurs (UFC) Que Choisir has won a major victory against social networking giant Twitter Inc. The Paris Court of Appeals on Monday upheld an earlier court ruling that found 24 clauses in Twitter’s terms of use unlawful, as well as 29 clauses in its privacy policy and seven clauses in its rules.
This victory for consumer protection in France has important implications for the rights of Internet users. Indeed, this decision is the first to recognize fundamental legal principles regarding social networks and to guarantee consumers better protection of their rights and privacy. In addition, the case also highlighted the importance of balancing freedom of expression for the general public with the responsibility of companies to protect users’ rights.
Consumer rights versus Twitter: the Court makes the right choice
The Court of Justice of the European Union (CJEU) ruled on March 10, 2021, that consumer law rules apply to Twitter’s terms of use, despite the service’s apparent free nature. According to the judiciary, “the provision of user data is the consideration for the service rendered and, therefore, the contract has an onerous character.” Moreover, it rejected two important clauses relating to user consent, which it said were not sufficiently clear at the time of subscription.
This decision of the Court of Justice of the European Union is a very important step towards the protection of consumers’ rights and interests. Indeed, this decision confirms the famous phrase “when you don’t see the service, you are the product!” and reminds the principle according to which the clauses which are not included in the written document that the consumer accepts or which are included in another document to which no express reference is made are inapplicable.
The user protected by the Court’s decision
The European Court of Justice has issued an important decision for the protection of Twitter users. In particular, the judges annulled the clauses that allow Twitter to unilaterally change the services and terms and conditions, which means that the user’s explicit consent is required for any changes to the contract.
In addition, the clauses of the contract that provided that the use of the service and the published contents were under the responsibility of the user were considered unlawful. This decision amplifies Twitter’s responsibility as a simple host and offers better protection for users. From now on, users can be more confident about the security of their data and the responsibility of their digital content.
The European Court’s decision: a great step forward for consumers and Internet users
The European Court’s decision of June 1, 2021 brings fundamental changes to the way social networks are allowed to treat users and their content. As a result of this decision, any user who is suspended must now be informed of the reasons for the suspension and be given the opportunity to contest the measure.
In addition to protecting Internet users and consumers, this decision reminds large companies like Twitter that they must manage their business practices in a transparent and fair manner. Access to information on the Internet must be preserved and the code of conduct must not be applied arbitrarily.
This decision is the result of a long struggle to increase the rights of consumers and Internet users. It underscores the fundamental importance of maintaining a healthy, fair and rights-based business practice and digital environment.