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

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

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PERFORMECLIC was fined for sending commercial emails without proper consent from users. The French data protection authority found that the company did not comply with GDPR rules about user consent and transparency. This case highlights the importance of obtaining clear consent before sending marketing communications.

What happened

PERFORMECLIC was fined for sending commercial emails using a purchased database without obtaining user consent.

Who was affected

People whose email addresses were included in the database used by PERFORMECLIC for marketing.

What the authority found

The French authority ruled that PERFORMECLIC violated GDPR by failing to obtain valid consent for processing personal data.

Why this matters

This ruling emphasizes that companies must ensure they have proper consent before using personal data for marketing. It serves as a warning for businesses that rely on purchased email lists.

Recorded legal citations
Automatically processed
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
View original scraped data
Art. 2(2) GDPR
Art. 3(1) GDPR
Art. 5(1)(e) GDPR
Art. 5(1)(c) GDPR
Art. 12(2) GDPR
Art. 14(GDPR)
Art. 21(2) GDPR
Art. 82 Loi Informatique et Libertés

Original imported citations before automated processing; the processing history does not establish independent verification.

National Law Articles
AI-identified
Code des postes et des communications électroniques
Loi n° 78-17 du 6 janvier 1978 relative à l'informatique, aux fichiers et aux libertés

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Processing notes: articles corrected, national law identified.

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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

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

About this data

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

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

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