The Australian Competition and Consumer Commission ('ACCC') launched, on 30 November 2020, a consultation on a proposed court-enforceable undertaking offered in Australia to the ACCC by Google LLC in relation to its proposed acquisition of Fitbit Inc. In particular, the ACCC highlighted that the proposed undertaking would require Google to:

• not use certain user data collected through Fitbit and Google wearables for Google's advertising purposes for ten years, with an option for the ACCC to extend this obligation by up to a further ten years;
• maintain access for third parties, such as health and fitness apps, to certain user data collected through Fitbit and Google wearable devices for ten years; and
• maintain levels of interoperability between third party wearables and Android smartphones for ten years.

Furthermore, the ACCC noted that concerns had been raised with regard to Google's access to unique and substantial health-related data that may improve the targeting capabilities of its advertising services.

Comments can be submitted to [email protected] by 9 December 2020.

You can read the press release here.