CNIL fines Google for violation of GDPR

25. January 2019

On 21st of January 2019, the French Data Protection Authority CNIL imposed a fine of € 50 Million on Google for lack of transparency, inadequate information and lack of valid consent regarding the ads personalization.

On 25th and 28th of May 2018, CNIL received complaints from the associations None of Your Business (“NOYB”) and La Quadrature du Net (“LQDN”). The associations accused Google of not having a valid legal basis to process the personal data of the users of its services.

CNIL carried out online inspections in September 2018, analysing a user’s browsing pattern and the documents he could access.

The committee first noted that the information provided by Google is not easily accessible to a user. Essential information, such as the data processing purposes, the data storage periods or the categories of personal data used for the ads personalization, are spread across multiple documents. The user receives relevant information only after carrying out several steps, sometimes up to six are required. According to this, the scheme selected by Google is not compatible with the General Data Protection Regulation (GDPR). In addition, the committee noted that some information was unclear and not comprehensive. It does not allow the user to fully understand the extent of the processing done by Google. Moreover, the purposes of the processing are described too generally and vaguely, as are the categories of data processed for these purposes. Finally, the user is not informed about the storage periods of some data.

Google has stated that it always seeks the consent of users, in particular for the processing of data to personalise advertisements. However, CNIL declared that the consent was not valid. On the one hand, the consent was based on insufficient information. On the other hand, the consent obtained was neither specific nor unambiguous, as the user gives his or her consent for all the processing operations purposes at once, although the GDPR provides that the consent has to be given specifically for each purpose.

This is the first time CNIL has imposed a penalty under the GDPR. The authority justified the amount of the fine with the gravity of the violations against the essential principles of the GDPR: transparency, information and consent. Furthermore, the infringement was not a one-off, time-limited incident, but a continuous breach of the Regulation. In this regard, according to CNIL, the application of the new GDPR sanction limits is appropriate.

Update: Meanwhile, Google has appealed, due to this a court must decide on the fine in the near future.