The Dutch Foundation for Data Protection (SDBN) is launching a mass claim against the e-commerce giant Amazon, as it has come to light that the company discreetly monitors the online activities of visitors even after they have left its marketplace.
This tracking occurs without explicit consent from the users, even if they did not authorize the placement of cookies. The SDBN has estimated that at least five million Dutch customers have fallen victim to this deceptive practice.
Amazon has faced criticism in Europe on multiple occasions, with investigations conducted by regulatory bodies in the United Kingdom and Germany. These investigations focused on the company’s pricing practices and its use of tools to exert control over marketplace sellers. Additionally, in Italy, Amazon was fined a substantial amount of 1.13 billion euros by the Italian market authority for engaging in abusive practices that exploited its dominant position in the market.
Privacy breaches
In 2021, the online marketplace faced severe consequences as it was fined a staggering amount of 746 million euros by the European Union in Luxembourg for violating privacy regulations. The marketplace was found guilty of unlawfully processing personal data, which directly contravened the General Data Protection Regulation. Subsequent to this significant fine, the Dutch SDBN took immediate action and initiated its own investigation into the marketplace’s activities.
A notable concern revolves around Amazon’s practice of installing “tracking cookies” on visitors’ devices without obtaining proper consent. These tracking cookies are minute files designed to monitor and record visitors’ online behavior. Anouk Ruhaak, the president of SDBN, shed light on this issue, stating, “These cookies are already placed on the visitor’s device even before they have the chance to accept or decline them, and even if rejected, they persistently remain on the device.” This unauthorized installation of tracking cookies raises substantial apprehensions regarding privacy violations.
An observer is being trailed
“Through these cookies, Amazon primarily gathers data when a guest departs the site. ‘Users are surreptitiously tracked and without consent. On at least five hundred sites and applications frequented by numerous Dutch individuals, their online activities are monitored in this manner and relayed to Amazon.’ Transmitted activities encompass those on platforms like Vinted and Tripadvisor.
Amazon possesses precise knowledge regarding the websites visited and the content perused.
‘They possess comprehensive awareness of the websites visited and the content perused. They can even observe which applications are accessed by a visitor through their mobile app. For instance, if one visits Amazon and subsequently navigates to a travel agency website or searches for information related to childbirth, Amazon can present tailored offers and advertisements based on the behavioral profile they construct.’ Allegedly, this profile is also stored in the United States, contravening European regulations
Amazon remains unresponsive at present
The foundation is presently awaiting a reply from Amazon. Based on that response, the foundation will either engage in negotiations with the marketplace or pursue legal action. Whether Amazon will make any alterations concerning the privacy infringement remains uncertain.
It appears more advantageous for Amazon to persist with its current practices.
“Amazon has lodged an appeal against the fine imposed by Luxembourg. In the interim, no modifications have been observed. Even the looming threat of a substantial penalty has failed to exert any influence thus far. It seems more financially beneficial for them to continue operating in the same manner.”
Affected individuals can participate in the claims lawsuit.
Dutch customers who believe they have been deceived by Amazon have the option to join the ongoing claims case. “Assessing the specific damages suffered by individuals is challenging. In similar instances, compensation has varied between 250 and 2,000 euros. However, it is currently impossible to provide a precise estimate.”
In conclusion, individuals who feel aggrieved by Amazon’s actions have the opportunity to seek redress through the claims case. The extent of personal damages incurred remains difficult to ascertain, but potential compensation falls within the range of 250 to 2,000 euros, based on comparable cases.
