UFC-Que Choisir gets hundreds of terms removed from Twitter's policy
The English version of the Press Release by UFC-Que Choisir
Published on: 08/08/2018
In particular, the General Court considered unfair and/or unlawful the terms that had the effect of:
· considering personal data as "public" data by default;
· freely transferring personal data to another country without further details;
· declaring itself irresponsible in the case of a data security breach leading to leak of personal data;
· copying, adapting, modifying, selling the posted or future contents of the users, including those protected by the right of intellectual property, to any beneficiary on any support, without preliminary authorisation;
· closing a user's account, in particular by keeping his/her name without limitation of time;
· modifying the 25 pages of "general conditions of use", partly referring to English content, without systematically informing users;
· using too heavily hypertext links (38 to access a dozen of other documents!), making it impossible for the consumer to effectively see his rights and duties.
The terms thus pinned are deemed unwritten and therefore unenforceable to Twitter users, who must be able to regain full control over the use and dissemination of their contents.
In addition, by invalidating modified terms in the course of proceedings, the Court gives a clear signal to the social network, and more broadly to all professionals.
Henceforth it is futile to try to rewrite disputed terms during the proceedings in order to escape the radar of Justice.