CNIL - SAN-2020-013

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CNIL - SAN-2020-013
LogoFR.png
Authority: CNIL (France)
Jurisdiction: France
Relevant Law: Article 6 GDPR
Article 9 GDPR
Article 83 GDPR
Article 94 GDPR
Directive 2002/58/EC
Ordonnance n° 2014-1329 du 6 novembre 2014 relative aux délibérations à distance des instances administratives à caractère collégial
loi no 78-17 du 6 janvier 1978 relative à l'informatique, aux fichiers et aux libertés
Type: Investigation
Outcome: Violation Found
Decided: 07.12.2020
Published: 10.12.2020
Fine: 35000000 EUR
Parties: Amazon Europe Core
National Case Number/Name: SAN-2020-013
European Case Law Identifier: n/a
Appeal: Unknown
Original Language(s): French
Original Source: Legifrance (in FR)
Initial Contributor: Roka

In progress

English Summary

Facts

Between December 2019 and May 2020, the CNIL conducted three online and one on-site investigations on Amazon Europe Core (AEC), a subsidiary company of the Amazon group. These investigations aimed at assessing the company's compliance with the French data protection laws.

The French DPA reported several infringements of the data protection laws by AEC. The company responded by contesting the competence of the CNIL on this matter due to the fact that its main establishment is not located in France and by challenging the legality of the investigation procedure.

Dispute

Is the French DPA competent to sanction AEC when its main establishment is located in Luxembourg ?

Does the investigation procedure of the CNIL infringes with the right to a fair trial as guaranteed by Article 6 of the European Convention for the Protection of Human Rights and Fundamental Freedoms ?

Did AEC infringe on the French data protection law by placing cookies on the user's computer prior to any action on its part ?

Did AEC failed to properly inform the user of its use of cookies ?

Holding

In progress

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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.