CNIL (France) - SAN-2021-013
| CNIL (France) - SAN-2021-013 | |
|---|---|
 | |
| Authority: | CNIL (France) |
| Jurisdiction: | France |
| Relevant Law: | Article 82 Loi n° 78-17 du 6 janvier 1978 relative à l'informatique, aux fichiers et aux libertés |
| Type: | Investigation |
| Outcome: | Violation Found |
| Started: | |
| Decided: | 27.07.2021 |
| Published: | 29.07.2021 |
| Fine: | 50 EUR |
| Parties: | Société du Figaro |
| National Case Number/Name: | SAN-2021-013 |
| European Case Law Identifier: | n/a |
| Appeal: | n/a |
| Original Language(s): | French |
| Original Source: | Légifrance (in FR) |
| Initial Contributor: | rem |
The French DPA imposed an administrative fine of €50,000 on a press company for failing to comply with its obligations to inform and obtain consent from individuals with regard to cookies and other tracers on its website.
English Summary
Facts
This decision follows a complaint received by the French DPA (CNIL) on 16 August 2018 from an user of the company's website, in which was reported the deposit of cookies on her terminal without her consent and prior to any action.
The DPA therefore conducted five online inspections of the website between 14 January 2020 and 1 June 2021.
During the first two operations, the CNIL carried out verifications on: - The nature of the cookies; - The purpose of each of the cookie; - The information provided to users; - The system put in place so that the user can refuse the deposit when browsing on the home page of the website.
Then, the DPA also verified the consequences for the user of navigating to another page of the website after having refused the deposit of cookies on arrival on the website.
Dispute
Holding
First, the DPA stated that the scope of responsibility of the controller regarding cookies on its website exists in the form of an obligation of means to ensure that its partners do not, via its website, deposit cookies in violation of the regulations applicable.
In addition, the DPA found out that cookies could be deposited on a user's terminal as soon as they arrived on the website's home page, before they could express their choice, and even if they had expressed a refusal in the event of navigation to another page of the site.
Consequently, the DPA held that the controller had breached its obligations regarding consent and information about cookies on its website by :
- allowing cookies to be deposited on users' terminals before any action on their part; - making their refusal ineffective; - failing to ensure that its partners do not emit, via its site, cookies that do not comply with the applicable regulations; - failing to take the necessary steps to put an end to the breach observed.
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English Machine Translation of the Decision
The decision below is a machine translation of the French original. Please refer to the French original for more details.
