French courts have sanctioned Apple Music following a complaint from UFC-Que Choisir.
For more than ten years, the legal battle between Apple and UFC-Que Choisir has continued in the French courts. Indeed, the consumer protection association accused the company of imposing abusive terms of service on Apple Music.
In a ruling issued on February 27, 2026, the Paris Court of Appeal largely upheld the criticisms leveled against Apple Music, particularly concerning the transparency of personal data…
Clauses deemed contrary to the GDPR
The case dates back to 2016, when UFC-Que Choisir examined the terms of service of iTunes, which has since become Apple Music. The association had identified numerous irregularities, believing that certain practices violated the GDPR. Among the points of contention was the lack of transparency regarding the information collected, and according to the association, Apple did not sufficiently specify the purposes of data processing or the recipients likely to have access to it. Thus, elements such as IP address, cookies, and geolocation were presented in a way that minimized their personal nature, even though they can allow a user to be identified. For its part, the Court of Appeal confirmed that several clauses did not comply with the principles of the GDPR. The judges notably found that certain wordings remained too vague, for example, referring to "strategic partners" without specifying the entities involved.
The way in which user consent was obtained was another point raised by the court. The judges considered that the terms and conditions did not guarantee truly free and informed consent, particularly regarding the use of cookies or the processing of certain data.
A stronger penalty, but without immediate removal of the clauses
This case had already resulted in an initial ruling in 2020, when the Paris Judicial Court identified 45 abusive or illegal clauses in the service's terms of use and ordered Apple to pay €30,000 in damages to UFC-Que Choisir.
Apple, however, decided to appeal, unlike other technology companies targeted in similar cases. The Court of Appeal upheld a large part of the identified breaches, while modifying certain elements of the initial judgment. As can be seen in the UFC-Que Choisir press release, the financial penalty has even been increased. Apple will therefore have to pay €50,000 in damages to the consumer association, compared to €30,000 previously. The costs of the proceedings have also increased, rising from €10,000 to €50,000. UFC-Que Choisir, for its part, sees this decision as a message to the major digital platforms. On this occasion, the association took the opportunity to remind everyone that the major players in the sector remain subject to European rules regarding data protection and consumer rights.
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