Do not give permission to place cookies when visiting the internet, but are still tracked over the internet unnoticed. To then be presented with all kinds of advertisements. According to Stichting Data Bescherming Nederland (SDBN), web giant Amazon is guilty of this. The foundation is now launching a mass claim.
According to SDBN At least 5 million Dutch Amazon customers have been duped because the company would deliberately violate European privacy laws.
The claim is based on a record fine of 746 million euros from the Luxembourg privacy regulator – Amazon is formally based in Luxembourg. According to that watchdog, the company violates privacy rules by installing ‘tracking cookies’ (small files that follow the internet behavior of visitors) regardless of whether the user gives permission for this.
“Those cookies are already placed before the internet user makes a choice whether or not to accept them,” says chairman Anouk Ruhaak of the foundation. “And if they are rejected, they just stay there.”
The foundation claims from its own research that the installed cookies mainly collect data when the visitor leaves the Amazon site. “Users are pursued unnoticed and without consent. In this way, internet behavior is tracked on at least five hundred sites and apps visited by many Dutch people and passed on to Amazon.” These include Vinted, Tripadvisor, Autotrack, Geenstijl and Beleggen.nl.
Targeted advertisements
“They know exactly which websites have been visited and what has been viewed there. They can see what other apps someone is opening through their mobile app. For example, after visiting Amazon, you go to a travel agency website or look up information about childbirth. Then Amazon can then show you targeted offers and advertisements based on the profile they make of you.” That profile would also be kept in the US, against European rules.
Amazon sells advertising space to third parties based on personal profiles. That is part of their revenue model.” Amazon is the most important online advertising seller with Google and Meta (Facebook).
“At Facebook and Google, the user can still pretty much expect that his personal data will be traded, even if that is not allowed. Those services are free. But with Amazon you also pay with your privacy on top of your purchases or membership.
‘At Facebook and Google, the user can still pretty much expect that his personal data will be traded, even though that is not allowed’
“We have sent our findings to Amazon. We are still waiting for a response. Depending on that, we sit down with them or go to court. We want Amazon to stop placing such tracking cookies and to comply with European privacy rules.”
victims
Ruhaak does not have much faith in a mea culpa. Amazon has appealed the Luxembourg fine. In the meantime nothing has changed. Even the threat of that mega fine has not had any influence yet. It is more lucrative for them to continue as before.”
Amazon users who feel duped can join the claim case. “It is difficult to determine what people have personally suffered for damage. In similar cases, the compensation ranges from 250 to 2000 euros. But nothing can be said about that now.”
If a payment is made, 20 percent will be withheld to cover the costs. The foundation does not make a profit with this, but the parties involved can make a profit. For example, the legal proceedings are conducted by the Amsterdam law firm AKD and the American claims financier Longford advances the costs.
According to Ruhaak, this is the world’s first mass privacy claim against Amazon. The foundation launched a similar case against Twitter last year, which is said to have resold privacy information through a subsidiary for years. Several thousand Dutch people have registered for this. The summons in that case will go out after the summer.
Previously, such claims were initiated in the Netherlands against TikTok – by concerned parents – and three years ago by the Consumer Association against Facebook due to privacy violations.
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