CNIL - SAN-2020-013
|CNIL - SAN-2020-013|
|Relevant Law:||Article 6 GDPR|
Article 9 GDPR
Article 83 GDPR
Article 94 GDPR
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
|Parties:||Amazon Europe Core|
|National Case Number/Name:||SAN-2020-013|
|European Case Law Identifier:||n/a|
|Original Source:||Legifrance (in FR)|
- 1 English Summary
- 2 Comment
- 3 Further Resources
- 4 English Machine Translation of the Decision
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 operating the shopping site amazon.fr. These investigations aimed at assessing the company's compliance with the French data protection law.
The French DPA reported several infringements of the data protection law by AEC when placing cookies. 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.
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 ?
The CNIL considered itself competent to investigate AEC and ruled that the company infringed on the French data protection law and on the Directive 2002/58/EC while placing cookies. As a consequence, the CNIL imposed a € 35000000 fine on AEC, coupled with an injunction to comply with the Law within three months with a € 100000 penalty per overdue day.
On the competence of the CNIL
On the legality of the investigation procedure
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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.