This is the third time for Google. The French online privacy protection authority, the CNIL, attacked the Shein American and Asian groups on Wednesday of two colossal fines, including a record, for breach of cookie legislation.
These tracers, essential in the online advertising sector and integrated into the economic model of many platforms, have been subject to reinforced control carried out by the French authority for several years.
The two groups, whose services are used by several dozens of millions of French, have received the two most important sanctions ever pronounced by the CNIL, with the exception of a fine of 150 million directed to Google in 2022, already on cookies.
Google, also sanctioned by advertising infractions, a fine of 325 million euros was inflicted. The Shein group will have to pay a payment of 150 million euros.
The Asian discount giant ready to use announced to the AFP that it would appeal to the State Council and the Court of Justice of the European Union, considering the fine “completely disproportionate given the nature of the alleged complaints” and its “current conformity” to the legislation, a severity that adapts to “political considerations”.
“We are studying the content of the decision,” said a Google spokesman, arguing that “users have always had the possibility of controlling the ads they see in our products” and that the updates have been carried out “to respond to Cnil’s concerns.”
The two companies did not achieve their obligations to collect the free and informed consent of Internet users before collecting advertising cookies. Because these devices, which follow the online activity of Internet users to carry out advertising orientation, are strictly framed by law.
In the case of Shein, the authority indicates the “massive character” of the data in question, with 12 million monthly users of the site in France.
The CNIL criticizes the company the lack of consent of users regarding certain cookies, but also the lack of information from Internet users, as well as a mechanism to withdraw defective consent.
However, Shein has met the Cnil requirements of the controls.
“Neglect”
Google is directed for the third time by a sanction of the CNIL in terms of cookies. In one of its press releases published on Wednesday, the authority underlines the “negligence” of the group, beaten in 2020 for a fine of 100 million euros, then in 2021 for a new ticket of 150 million euros.
But the amount of the new sanction determined against the American mastod, however, less than the fine of 525 million euros required, is also justified by the number of users in question and the plurality of deficiencies.
The authority thus analyzed the implementation of the company of a “wall of tracers” (“cookies wall) when creating a Google account.
This practice, which conditions the access of Internet users to the acceptance of cookies, is not illegal in the case of the company, the Cnil judged, but is subject to the informed consent of the users. A condition not fulfilled due to the lack of information from Internet users.
At the same time, Google is also aimed at inserting advertising banners between the letters of its Gmail mail for certain users who have opted for “intelligent characteristics.” The practice played 53 million French, specifies the Cnil.
These ads, which “constitute a direct prospecting” according to European jurisprudence, should have been subject to prior consent of users, which was not the case.
The fine imposed was associated with a court order to end the deficiencies in six months. Beyond that, Google and its Irish subsidiary will have to pay fines of 100,000 euros per day.
Shein and Google have a four -month period to appeal the decision to sanction administrative justice.
Source: BFM TV
