Through a mechanism called acceptance by silence or inaction, 23andMe stipulated that customers must explicitly tell the company they disagree with the new terms within 30 days of being notified of the changes or they will be locked into the terms automatically.
Kim said updating terms is usually perfectly legal if consumers are given reasonable notice and the option to opt-out. But, she added, 23andMe will likely struggle to prove it provided both to its customers.
The company did not publicly reveal the full extent of the breach until around two months after it occurred.
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