Why does the CNIL impose fines of 100 and 35 million euros on Google and Amazon?
The guardian of the private life of the French, the CNIL, announced Thursday to impose fines of respectively 100 million and 35 million euros on Google and Amazon for non-compliance with the legislation on cookies, advertising tracers. The CNIL criticizes in particular Google.fr and Amazon.fr the practice of depositing advertising tracers on the computer of the Internet user “Without having given his prior consent”. In addition, the information banners displayed when consulting these sites did not contain, at the time of the CNIL checks, “Information clear enough for the user to know what these cookies are used for and how he can refuse them”, according to the Commission.
In addition to the fines, the National Commission for Informatics and Liberties (Cnil) ” ordered the companies to modify their information banner, within 3 months ”, with a fine of 100,000 euros per day of delay after the expiry of this period. The shortcomings noted by the Cnil “Violate the privacy of Internet users in their digital daily life”, since they “Allow a great deal of information to be collected about people, without their consent, in order to subsequently be able to offer them advertisements” targeted, according to the CNIL.
“Severity of the breaches”
She notes that in September 2020, the two companies stopped automatically depositing cookies with Internet users. But in both cases, the information banner still does not make it possible to inform Internet users sufficiently clearly about the purposes of these cookies, and on the possibility that they have to refuse them, she believes. The amount of the fines is linked ” the seriousness of the breaches “, and the impact of these sites on the French population. Google’s search engine has a market share of over 90% in France, while Amazon has over 20% of the French e-commerce market.
The sanctions were imposed on the basis of legislation dating before the European General Data Protection Regulation (GDPR), which entered into force in 2018. This has further tightened the consent regime for advertising trackers. The new legislation obliges websites to display, opposite the “accept all” button, a “refuse all” button or an equivalent solution. The CNIL will begin to sanction companies that do not meet the new rules from April 1, 2021. Despite this delay, linked in particular to consultations with the advertising sector and the health crisis, ” we are among the first in Europe to set a very clear framework ”, welcomed in October the president of the CNIL Marie-Laure Denis.