Giving up rights to 23andMe?

If you’re a 23andMe client you have likely received an email informing you of changes to the terms of service. Here’s what I received on Tuesday.

On November 30, 2023, we launched updates to our Terms of Service.

Important updates were made to the Dispute Resolution and Arbitration section to include procedures that will encourage a prompt resolution of any disputes and to streamline arbitration proceedings where multiple similar claims are filed. These updates will go into effect for customers 30 days from the date this email is received.

We encourage you to read the new terms in full. Please notify us within 30 days of receiving this email if you do not agree to the terms, in which case you will remain subject to the current Terms of Service. If you do not notify us within 30 days, you will be deemed to have agreed to the new terms.

If you have any questions, please contact us at customercare@23andme.com.

A 30 November notice from 23andMe reads

THESE TERMS OF SERVICE CONTAIN A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES IN CERTAIN CIRCUMSTANCES, RATHER THAN JURY TRIALS OR CLASS ACTION LAWSUITS. VIEW THESE TERMS HERE.

What’s the motivation behind the move to “encourage a prompt resolution of any disputes and to streamline arbitration proceedings?”

This article from TechCrunch likely reveals what’s behind it.

23andMe confirms hackers stole ancestry data on 6.9 million users

Is 23andMe asking you, by default, to agree to the terms that deprive you of rights you already have without giving anything back of equal value? I’m hoping someone with legal credentials, that’s not me, will give an opinion. Please let me know or leave a comment and I’ll include in a future blog post.