PERFORMECLIC – €7,300 Fine (France, 2020)

€7,300Commission Nationale de l'Informatique et des Libertés7 December 2020France
final
Fine

General GDPR enforcement action

This case relates to broader data protection obligations, not specifically to cookie or consent banner compliance. It is not included in cookie statistics or the Risk Calculator.

PERFORMECLIC was fined by the French data authority for sending commercial emails without proper consent and for not complying with GDPR rules. The company also faced penalties for not providing clear information to email recipients. This case shows the importance of obtaining clear consent before sending marketing emails and ensuring transparency with customers.

What happened

PERFORMECLIC sent commercial emails without obtaining valid consent from recipients.

Who was affected

Individuals whose email addresses were used for marketing without their consent.

What the authority found

The French authority fined PERFORMECLIC for failing to obtain consent and not providing adequate information to email recipients, violating GDPR and French law.

Why this matters

The decision highlights the importance of obtaining explicit consent for email marketing and ensuring compliance with GDPR's transparency requirements. Businesses should review their email marketing practices to avoid similar fines.

GDPR Articles Cited

Art. 14 GDPR
Art. 2(2) GDPR
Art. 3(1) GDPR
Art. 5(1)(c) GDPR
Art. 5(1)(e) GDPR
Art. 82 Loi Informatique et Libertés GDPR
Art. 12(2) GDPR
Art. 21(2) GDPR

National Law Articles

Code des postes et des communications électroniques
Loi n° 78-17 du 6 janvier 1978 relative à l'informatique, aux fichiers et aux libertés
Full Legal Summary
Detailed

The PERFORMECLIC Company's activity is the sending of commercial e-mails on behalf of advertisers. As such, the company holds a database of 20 million e-mail addresses that it has purchased from a third party company. Following the report made by the SIGNAL SPAM association, the French DPA carried out an on-site inspection at the company's premises on 18 September 2019. *Insofar as the operational activities of the company were implemented from Morocco, is the GDPR applicable and is the CNIL competent in this case? *How is the notion of "consent" to be understood in the context of email prospecting operations? *Is the processing of the telephone number in the context of prospection operations carried out solely by e-mail contrary to the principle of data minimisation provided for in [https://gdprhub.eu/index.php?title=Article_5_GDPR Article 5(1)(e) GDPR]? *Is the simple opening of a prospecting e-mail sufficient to characterise the prospect's interest in the products and services of the sender of the message, and thus to extend the retention period of this data? *Is the apposition of a standard mention at the bottom of a prospecting e-mail sufficient regarding the information standards provided for in [https://gdprhub.eu/index.php?title=Article_14_GDPR Article 14 GDPR]? The CNIL orders PERFORMECLIC to pay an administrative fine of €7300. It also issued an injunction to bring the processing into compliance with the provisions of the French Post and Electronic Communications Code and the GDPR, accompanied by a penalty payment of 1,000 euros per day of delay at the end of a two-month period following notification of the decision. Finally, the French DPA has made its decision public. The CNIL based its decision on the following grievances : = At the time of the audit, the manager of the company indicated to the CNIL that the operational activities of the company were carried out from Morocco and that, in the near future, he intended to end the company's

Violations (1)

Third-Party Cookies Without Consent
critical

Third-party tracking cookies or scripts are loaded without obtaining prior user consent.

Art. 13, 14 GDPR

Related Enforcement Actions (0)

No other enforcement actions found for PERFORMECLIC in FR

This is the only recorded action for this entity in this jurisdiction.

Details

Fine Date

7 December 2020

Authority

Commission Nationale de l'Informatique et des Libertés

Fine Amount

€7,300

GDPRhub ID

gdprhub-3047

About this data

Data: GDPRhub (noyb.eu)
Licensed under CC BY-NC-SA 4.0
AI-verified and classified

Cite as: Cookie Fines. PERFORMECLIC - France (2020). Retrieved from cookiefines.eu

Report Inaccuracy

Last updated: