The Competition and Markets Authority (CMA) has introduced two new conduct requirements for Google’s general search services under the UK’s digital markets competition regime. The first requires that Google improve transparency and fairness in how search results are ranked. The second requires Google to allow users to port their search
Kirstie Pickering
The Competition and Markets Authority (CMA) has introduced two new conduct requirements for Google’s general search services under the UK’s digital markets competition regime.
The first requires that Google improve transparency and fairness in how search results are ranked. The second requires Google to allow users to port their search data to authorised third parties, such as rewards platforms or companies offering personalised offers or discount codes.
UK businesses rely on Google search to reach customers, but have told the CMA that current ranking practices are neither fair nor transparent – and that this uncertainty holds them back from investing in and growing their businesses.
They also told the CMA that when changes are made without sufficient notice, and when these changes impact their businesses, they do not have effective ways to raise concerns. The Fair Ranking conduct requirement aims to address these concerns.
Under this conduct requirement, Google must rank ‘organic’ search results using objective and non-discriminatory criteria, including in AI Overviews but not sponsored results.
Google must also provide greater transparency to businesses about how rankings work and give advance notice of significant changes. It must also introduce clear processes for businesses to raise concerns about how Google ranks results and have them addressed effectively.
The requirements follow the CMA’s actions in early June that gave publishers tools to control whether their content is used to power Google’s AI features. More activity is expected over the summer.
The CMA is also introducing a separate conduct requirement to support greater choice and innovation for consumers.
Third-party firms are keen to offer people new products and services based on their Google search data, but need to be able to access it with confidence. Using this data would allow third parties to offer people more personalised features, like tailored travel suggestions, more relevant shopping deals, and rewards.
New CMA action puts the voluntary process already in place through Google’s UK Data Portability Application Programming Interface on a legal footing.
The rights of UK users will now be on a par with those in the EU under the EU’s Digital Markets Act, and businesses will have the certainty they need to invest in new products and services for consumers.
Google has six months to implement the fair ranking requirement, and three months for the data portability requirement.
“Search is a vital gateway for businesses in the UK to reach customers, and clearer, predictable and more transparent ranking systems could give them greater scope to expand and invest,” says Will Hayter, executive director for digital markets at the CMA.
“These new measures will ensure search results are ranked fairly and objectively, with clearer information about changes and effective routes to raise concerns. At the same time, innovative businesses will have the confidence that they can access search data in practice, unlocking investment and innovation in new products and services for users.”
