New huge fines for Google and Facebook by French authority

For violations regarding consent for third party cookies
New huge fines for Google and Facebook by French authority

The French National Committee on Informatics and Liberties (Commission Nationale de l’ Informatique et des Libertés- CNIL) announced a total amount of 210 million euros’ fines against Google and Facebook, for violations regarding the cookies consent regulations.

The French data privacy authority has noted, following investigations, that the websites facebook.com, google.fr and youtube.com offer a button allowing the user to immediately accept cookies. However, they do not provide an equivalent solution (button or other) enabling the Internet user to easily refuse the deposit of these cookies. Several clicks are required to refuse all cookies, against a single one to accept them, which constitutes an infringement of Article 82 of the French Data Protection Act.

The French authority argues that this process affects the freedom of consent and constitutes an infringement of Article 82 of the French Data Protection Act: since, on the Internet, the user expects to be able to quickly consult a website, the fact that they cannot refuse the cookies as easily as they can accept them influences their choice in favor of consent.

As a result of this infringement, the CNIL’s restricted committee issued:

In addition to the fines, the companies are required to provide Internet users located in France with a means of refusing cookies as simple as the existing means of accepting them, in order to guarantee their freedom of consent, within three months. If they fail to do so, the companies will have to pay a penalty of 100,000 euros per day of delay.

Read Also:  Google's history of European fines

These two decisions are part of the global compliance strategy initiated by the CNIL over the past two years with French and foreign actors publishing websites with a lot of visits and having practices contrary to the legislation on cookies.

Since March 31, 2021, when the deadline set for websites and mobile applications to comply with the new rules on cookies expired, the CNIL, which regards itself as “a trusted ally in French citizens’ digital daily lives”. has adopted nearly 100 corrective measures (orders and sanctions) related to non-compliance with the legislation on cookies.

Read Also:  Google's history of European fines

 

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