La Quadrature du Net – Court Ruling (France, 2019)
La Quadrature du Net challenged how France's data protection authority, CNIL, made its decisions about cookie consent. The court ruled on the process rather than specific violations. This case highlights the importance of transparent decision-making in data protection.
What happened
La Quadrature du Net contested CNIL's decision-making process regarding cookie consent.
Who was affected
Website users affected by CNIL's cookie consent decisions.
What the authority found
The court ruled on the legality of CNIL's decision-making process, but no specific violations were found.
Why this matters
This ruling emphasizes the need for clear and fair processes in data protection decisions. It shows that challenges can arise not just from violations, but from how decisions are made.
In July 2018 the CNIL adopted a decision clarifying the new rules on consent for targeted advertisement under GDPR. It initiated a consultation process for the first quarter of 2020 to define the practical arrangements for obtaining consent. It determined a six-month adaptation period. Two associations requested to annul the decision of CNIL on grounds of excess of power and to instruct it to publish both on its website and on the pages of its press releases of 28 June and 18 July, a reference to the decision of the Conseil d'Etat which should indicate that "continued navigation" does not constitute a valid means of expressing consent for cookies and online tracking devices, while every day of delay would imply a penalty of 500 euros. The Council has to assess whether the CNIL had the power to initiate such a process. The Council found that the CNIL is an independent administrative authority with wide discretion in the exercise of its missions. In this sense, the CNIL can initiate such an action plan in order to achieve more effective compliance with the data protection law. The Council ruled that the six-month period of tolerance which the CNIL provided the stakeholders in order to fully comply with the rules is legal. Finally, the CNIL’s decision does not prevent the Commission from carrying out controls during the mentioned period and imposing sanctions for serious breaches of the new data protection framework.
Outcome
Court Ruling
A ruling by a national court on a data-protection matter.
Violations (1)
The cookie banner uses misleading language to trick or pressure users into accepting cookies (dark patterns).
Art. 7 GDPR
Related Cases (5)
Other cases involving La Quadrature du Net in FR
Court Ruling
Similar Cases
Enforcement actions with similar violations
Details
Ruling Date
16 October 2019
Authority
Commission Nationale de l'Informatique et des Libertés
GDPRhub ID
gdprhub-court-119About this data
Cite as: Cookie Fines. La Quadrature du Net - France (2019). Retrieved from cookiefines.eu
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