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Google and Apple receive fine for violating the Consumer Protection Code due to the distribution of FaceApp

On August 28, 2019, Procon-SP fined Google and Apple for making FaceApp available on “Google Play” and “Apple Store”. According to Procon, the privacy policy of the image editing app would violate the Consumer Protection Code (CDC) due to the existence of abusive terms, written only in English.

The abusive nature of FaceApp’s terms of use was justified by the existence of a clause that allowed the sharing of users’ personal data with countries whose legislation was less protective of consumers. Such conduct would also be prohibited under the Brazilian General Data Protection Law(Law No. 13,709/18), which will come into effect next year.

Google’s press statement questioned the fine of approximately USD 4.5 million because Google would not be the owner of FaceApp, and Google Play would be an “open online store”. Consequently, Google and Apple should not be held liable for the content and policies adopted by third parties’ apps made available at the platforms, as provided by the Brazilian Civil Rights Framework for the Internet and the CDC.

More information, in Portuguese, is available at,sexta%2Dfeira%20(30) and,MI310137,91041-Google+esclarece+que+nao+e+desenvolvedora+do+aplicativo+Faceapp+apos