Cdiscount – Court Ruling (France, 2020)

Court Ruling
Commission Nationale de l'Informatique et des Libertés10 December 2020France
final
Court Ruling

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.

The French Supreme Administrative Court upheld CNIL's guidelines on storing credit card data. Cdiscount argued that frequent customers should not need to give explicit consent for storing their card details, but the court disagreed. This decision reinforces the need for businesses to follow strict consent rules when handling payment information.

What happened

Cdiscount challenged CNIL's rules requiring explicit consent to store credit card data for online purchases.

Who was affected

Customers of Cdiscount who make online purchases and have their credit card data stored.

What the authority found

The court ruled that CNIL acted within its authority by requiring explicit consent for storing credit card data, in line with GDPR.

Why this matters

This ruling emphasizes the importance of obtaining explicit consent for storing sensitive payment information, reminding businesses to prioritize customer consent in their data practices.

GDPR Articles Cited

Art. 6(1)(a) GDPR
Art. 6(1)(b) GDPR
Art. 6(1)(f) GDPR
Decision AuthorityCE
Reviewed AuthorityCNIL (France)
Full Legal Summary
Detailed

On 6 September 2018, the CNIL issued a Recommendation on the processing of credit card data in the context of online purchase of goods and services. The recommendation provides that: (1) Credit card data can only be processed in order to complete a transaction in connection with the performance of a contract; (2) The storage of such data in order to facilitate subsequent payments is only possible if: *(a) The data subject has expressed prior and explicit consent; or *(b) Has taken a subscription offering access to additional services, thus intending to enter in a regular commercial relationship. Cdiscount, a marketplace website, requested the CNIL to modify those rules. It argued that websites should also be able to store credit card data of customers who can reasonably foresee their data will be stored, on the basis of their purchasing frequency. The CNIL did not meet the demand. Cdiscount is thus seeking the annulment of the decision before the French Administrative Supreme Court. Did the CNIL exceed its remit when interpreting Article 6 GDPR in its Recommendation? Did the CNIL, by requiring prior and explicit consent, wrongly considered credit card data as a special category of personal data (Article 9 GDPR)? Does the data controller have a legitimate interest to process credit card data of recurring purchasers under Article 6(1)(f)? Can the recommendation be annulled on the ground that it creates a distortion of competition with foreign economic operators that are not subject to similar legislation? The Supreme Administrative Court dismisses the appeal, on the following grounds. = The Court holds that the CNIL acted within its power when interpreting Article 6 GDPR. This power is derived from (Loi n° 78-17 du 6 janvier 1978 relative à l'informatique, aux fichiers et aux libertés). These provisions designate the CNIL as Supervisory authority for France under Article 51 GDPR. They also expressly grant the CNIL power to issue guidelines and recommendations

Outcome

Court Ruling

A ruling by a national court on a data-protection matter.

Related Cases (0)

No other cases found for Cdiscount in FR

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

Details

Ruling Date

10 December 2020

Authority

Commission Nationale de l'Informatique et des Libertés

About this data

Data: GDPRhub (noyb.eu)
Licensed under CC BY-NC-SA 4.0
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Cite as: Cookie Fines. Cdiscount - France (2020). Retrieved from cookiefines.eu

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