C054 Google LLC

DSB rejected Google's artificial separation of controllership. For all Google services in the EEA, Google Ireland Ltd and Google LLC are joint controllers. Google LLC partially violated data subject's right of access.

The DPC has no doubts on Google Ireland's controllership. It has not conducted any investigation into the actual decision-making powers with Google.

DSB is in exchange with other DPAs on the question of controllership of Google LLC.

Several, mostly repetitive statements that create the impression of Google wanting to bloat up the case file

"Die Beschwerdegegnerin wurde im Verfahren zur GZ: D130.1013 erneut ersucht, einige Fragen zu beantworten. Die Frist hierfür läuft bald aus, im Anschluss werden Sie dann Parteiengehör erhalten. Bei der "Konzernvereinbarung" handelt es sich laut Stellungnahme der Beschwerdegegnerin um eine Auftragsverarbeitervereinbarung, die vorgelegt wurde."

DSB notes that they have also requested GLLC to bring the inter company agreement between GLLC and GIlL. As soon as the DSB has received it, they will hear us again

I) DSB sent new protocol. DSB followed our remarks.
II) Access to the new documents cannot be granted yet, as Google LLC hasn't provided them yet and the DSB is also contemplating asking for additional documents. After receiving all documents, the DSB will assess exemptions under § 17(3) AVG.

We also commented on the additional written submission be GLLC, which we only received in the oral hearing, provided the DSB with the documents we mentioned in the hearing ans requested access to any further documents provided by GLLC (the DSB ordered them to provide some).

DSB sent us the minutes of the oral hearing that took place on 21.06.2022, giving us a 2 week deadline to raise objections against the minutes.

noyb spoke to the DSB today, asking about who else will be present at the hearing. There will be a representative of Google (of Google's choosing, so it is unclear who exactly) and a legal representative.
noyb is also supposed to provide info on the devices used for Google services (mainly Android phone).

On 21.06.2022, there will be an oral hearing at the DSB with the data subject and the respondent on the subject of controllership of Google LLC / Google Ireland Ltd.