noyb files complaints against Google with CNIL in the context of direct marketing emails

On August 24th, 2022, the Austrian NGO noyb announced that it had filed a complaint against Google with CNIL, the French Supervisory Authority in the context of direct marketing emails.

According to noyb, several google users on whose behalf noyb filed the complaint, have received advertising emails for which these users have not given their consent. This would however contravene Art. 13 (1) ePrivacy Directive which reads the following: “the use […] of electronic mail for the purposes of direct marketing may only be allowed in respect of subscribers who have given their prior consent.”

The issue of “inbox advertising” has also received the attention of the Court of Justice of the European Union (CJEU). In its judgment from 2021, the CJEU pronounced itself on the lawfulness of this advertising practice holding the view that emails sent to user’s inbox for the purpose of direct marketing require consent.

Noyb highlights in its announcement that “[s]pam is a commercial email sent without consent. And it is illegal. Spam does not become legal just because it is generated by the email provider.”

It remains to be seen whether this complaint will lead to the imposition of a fine by the CNIL.