Google has appealed two European Commission decisions requiring changes to how it shares Google Search data and how rival AI services interoperate with Android. The cases are pending before the EU General Court; the available court records show no ruling on their merits. The Search decision concerns a defined, altered data set—not Google’s search algorithm or identifiable search histories—while the Android decision concerns access for third-party AI services.
What Google is challenging
The European Commission opened specification proceedings on 27 January 2026 to clarify two obligations under the Digital Markets Act (DMA). On 16 July 2026, it adopted binding measures for Alphabet under Article 6(11), covering Search data access, and Article 6(7), covering interoperability between Android and third-party AI services. Google has challenged both decisions.
InfoCuria lists the pending cases as Alphabet and Google Ireland v Commission, T-638/26 and T-639/26, introduced on 28 September 2026. The reviewed listing does not identify which case number concerns which decision. A contemporaneous Wall Street Journal report says Google appealed both measures. The reported concerns and the remedies are distinct:
| Measure | Legal basis and system | What the Commission requires | Stated concern |
|---|---|---|---|
| Search data access | DMA Article 6(11); Google Search | Eligible rival search services, including chatbots with search functionality, must be offered access to specified anonymised Search data on fair, reasonable and non-discriminatory terms. | Google’s reported objection is that privacy protections for search data are insufficient. |
| Android interoperability | DMA Article 6(7); Android | Third-party AI services must have more equal access to Android features used by Google’s own AI services. | Google’s reported objection is that access could weaken device security protections. |
The Commission described the January process as a formalised regulatory dialogue to specify effective compliance measures. Its July decisions set the measures; the lawsuits ask the General Court to review them. The available materials do not establish the detailed legal grounds pleaded by Google.
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What Search data would be shared—and what would not
The Commission says eligible services must be offered anonymised ranking, query, click and view data, which can relate to both free and paid search. Its identified categories include end-user queries and relevant metadata, viewed URLs, interactions with results and result positions. The stated aim is to let competing search services improve their own search quality.
This is a specified, altered data set, not a transfer of Google’s entire search index, algorithm or technology. The Commission says the shared data excludes account information and search histories, omits precise timestamps, suppresses some rare or long queries, generalises location, aggregates interaction durations and removes URLs for paid results.
Who may access the data and how they may use it
The measures are aimed at actual online search services, not general-purpose AI training. A search-enabled chatbot may qualify; a general-purpose AI model does not gain access simply because it is an AI product.
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Eligibility conditions
According to the Commission’s description, an applicant must meet the following conditions:
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- It must have operated a search service in the EU for two consecutive years, or be a newer entrant with more than €50 million in capital investment.
- It must have had at least 50,000 monthly average EU users in the previous year.
- It must meet security, sanctions, data-handling and GDPR international-transfer requirements.
Recipients must undergo independent verification before access, within six months after starting processing, and annually thereafter.
Permitted and excluded uses
Permitted uses include developing and optimising search functions such as query understanding, spelling suggestions, related-query suggestions, ranking, retrieval and indexing. The Commission says recipients may not use the data to train general-purpose AI models, improve unrelated services such as consumer profiling or advertising, or systematically reproduce Google’s results instead of building their own search technology.
How the price is set
The Commission has not described a single public flat fee. It says the price is to reflect incremental costs plus a reasonable return on the capital strictly necessary to provide the data, capped by Alphabet’s weighted average cost of capital, subject to specified exceptional circumstances. Any exceptional additional margin may not exceed Google Search’s operating margin and would not apply to micro, small or medium-sized enterprises.
Why Google objects and what safeguards the Commission describes
Google’s reported position
The Wall Street Journal report, reproduced on Reddit, attributes Google’s objections to privacy and security: it says the Search measure could expose private search history without sufficient anonymisation, while Android access could weaken security protections. The report also says Google argued that commercial recipients would lack sufficient protections, user knowledge or consent, and that powerful permissions for downloaded Android apps could create security threats. These are Google’s reported claims, not a court finding.
The Commission’s stated safeguards
The Commission describes a layered approach to anonymisation and access controls. Technical measures include removing direct identifiers and other identifying attributes, suppressing rare or unusually long queries, and grouping records by location, device type and query language. Its FAQ says each user must be in a group of at least 1,000 users, with 95% of users in groups of at least 25,000.
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The Commission also describes contractual and organisational restrictions, a ring-fenced environment, limits on onward disclosure and re-identification, retention limits, integrity and confidentiality measures, and independent audits before access and at least annually. It says the measures will be reviewed every two years and may be reopened if material facts change. A Commission spokeswoman, according to the Wall Street Journal report, said the decisions carefully considered system integrity, security and personal-data protection and that the Commission would defend them. Those descriptions set out the Commission’s assessment; they do not resolve Google’s challenge to whether the safeguards are sufficient.
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.When access could begin
The Commission’s published implementation schedule set milestones for Alphabet. As of 2 October 2026, the November and January dates are still ahead:
| Milestone | Commission schedule |
|---|---|
| Eligibility materials and application information | By the end of August 2026 |
| Template licence agreements, test samples and cost estimates | By September 2026 |
| Final anonymised data set | By November 2026 |
| Final pricing offer | By January 2027 |
The schedule describes implementation steps, not a confirmed date on which recipients will begin using the data. The reviewed sources do not establish whether Google sought interim relief, whether any such request was granted, or whether the litigation changes the schedule. It would therefore be premature to say the deadlines have been stayed or that data will be available by a particular date.
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Why the Commission says the measures matter
The Commission says Google Search had a market share of more than 90% in Europe “for decades.” That is the Commission’s published characterization, not an independently verified measurement here. Its argument is that rivals need access to the kind of data Google uses to optimise Search to improve their own services and offer users alternatives.
For Android, the Commission said 60% of EU users have an Android device. It says users should be able to activate their chosen AI assistant with voice commands and delegate app actions—for example, booking a taxi or drafting relevant chat replies—subject to privacy, integrity and security safeguards. These figures and examples are the Commission’s stated context for the two separate measures, not evidence that a court has accepted its case.
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