GOOGLE LLC – Violation Found (France, 2021)
France's data protection authority found that Google LLC had improved its cookie consent practices after a previous ruling. This is important because it shows that companies can be held accountable for their data practices. Website operators should take note of the need for clear cookie information.
What happened
Google updated its cookie banner to provide clearer information and options for users after being found non-compliant.
Who was affected
Visitors to Google.fr who interact with cookies on the site.
What the authority found
The authority accepted Google's changes, determining that the cookie banner now met legal requirements for clarity and consent.
Why this matters
This case illustrates that companies can rectify compliance issues but must remain vigilant about ongoing adherence to data protection regulations.
GDPR Articles Cited
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National Law Articles
Entities Involved
On 7 December 2020, the CNIL fined Google €100,000,000 for not complying with the cookies regulation. The CNIL had also given Google a limited time to adapt their cookies settings to the current regulation, with a daily fine of €100,000 in case they did not carry out the necessary adjustments to start complying within the three following months. On 18 December 2020, Google sent a letter to the CNIL informing of their plan for compliance. After the CNIL's answer, on 30 March 2021 Google delivered to the CNIL the necessary information showing their adjustments for compliance. The CNIL accepted Google's reply on their adjustments, considering that the cookie banner and the cookies mechanisms used by google.fr were now sufficiently clear and provided adequate information about the cookies they use, including the purposes of the processing and information about how to reject them. Therefore, the CNIL decided to close the case. However, the authority stated that this [https://www.cnil.fr/fr/cloture-injonction-prononcee-encontre-google only refers to the precautionary measures took in their original decision], and that they reserve the right to further analysis of Google's compliance with the cookies regulation and their [https://www.cnil.fr/sites/default/files/atoms/files/recommandation-cookies-et-autres-traceurs.pdf recommendation issued on 17 September 2020], and to initiate a new sanctioning proceeding if necessary.
Outcome
Violation Found
The DPA found a violation but did not impose a fine.
Violations (5)
Cookie banner does not provide a clear reject/refuse all button at the same level as the accept button.
Art. 7 GDPR
Refusing cookies requires more clicks or steps than accepting them, or the reject option is less visually prominent.
Art. 7 GDPR
Non-essential cookies (tracking, advertising) are placed on the user's device before obtaining valid consent.
Art. 6(1) GDPR
The cookie banner or cookie policy provides vague, incomplete, or unclear information about what cookies are used and why.
Art. 12, 13 GDPR
The cookie banner uses misleading language to trick or pressure users into accepting cookies (dark patterns).
Art. 7 GDPR
Related Enforcement Actions (1)
Other enforcement actions involving GOOGLE LLC in FR
Similar Cases
Enforcement actions with similar violations
Details
Decision Date
30 April 2021
Authority
Commission Nationale de l'Informatique et des Libertés
GDPRhub ID
gdprhub-3447About this data
Cite as: Cookie Fines. GOOGLE LLC - France (2021). Retrieved from cookiefines.eu
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