Accor – €600,000 Fine (France, 2022)
Accor was fined EUR 600,000 for failing to properly inform users about their data and using pre-ticked boxes for consent. This ruling is significant because it stresses the need for clear communication about data use.
What happened
Accor used pre-ticked consent boxes and did not allow users to easily unsubscribe from marketing emails.
Who was affected
Users who registered accounts with Accor and received promotional emails without proper consent.
What the authority found
The French DPA ruled that Accor violated multiple GDPR requirements, including the need for clear consent and the right to withdraw consent.
Why this matters
This case sets a precedent for how companies must obtain consent and communicate with users. Businesses should ensure their consent processes are transparent and user-friendly.
GDPR Articles Cited
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Original data from scraper before AI verification against source document.
National Law Articles
The controller, Accor, is a large, multinational chain that operates hotels in 110 countries. Between December 2018 and September 2019, the French DPA (CNIL) received several complaints concerning the controller's various potential violations of the GDPR. On 24 Feburary 2020, the CNIL conducted an investigation of the controller's website. Users supplied their contact information, including email address, when they registered an account with the controller. The registration process featured a pre-ticked box indicating consent to receive promotional materials. Data subjects subsequently started receiving these promotional materials in their inboxes. They were unable to unsubscribe from direct marketing emails, as various technical glitches prevented the emails' "unsubscribe" button from working. Several million people received these emails at valid addresses, though the CNIL's published decision redacted the exact amount. Additionally, the website did not provide data subjects with information about the controller's contact details, the purposes of processing for the data collected, the legal basis for processing, the period for which the data would be retained, potential transfers, or the right to lodge a complaint under the GDPR, and there was no link to a privacy policy that might contain this information. The CNIL also received one complaint regarding difficulties encountered exercising the right of access to personal banking data processed by the controller. The controller had failed to respond to an access request after locking a data subject's account for suspected fraudulent activity even after data subject verified their identity. Finally, for the controller to access the "Adobe Campaign" account responsible for managing these email communications, a weak password consisting of seven capital letters and one special character was required, although access was only possible from a terminal connected to the ACCOR network. Ten other supervisory author
Violations (3)
Cookie consent checkboxes are pre-selected by default, violating the requirement for active, affirmative consent.
Art. 4(11) GDPR
The cookie banner or cookie policy provides vague, incomplete, or unclear information about what cookies are used and why.
Art. 12, 13 GDPR
No accessible mechanism exists for users to withdraw previously given cookie consent.
Art. 7(3) GDPR
Related Enforcement Actions (0)
No other enforcement actions found for Accor in FR
This is the only recorded action for this entity in this jurisdiction.
Similar Cases
Enforcement actions with similar violations
Details
Fine Date
3 August 2022
Authority
Commission Nationale de l'Informatique et des Libertés
Fine Amount
€600,000
GDPRhub ID
gdprhub-5193About this data
Cite as: Cookie Fines. Accor - France (2022). Retrieved from cookiefines.eu
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