Orange România SA – CJEU Judgment (European Union, 2020)
CJEU judgment — not a DPA enforcement action
This is a Court of Justice ruling, not an enforcement action by a data protection authority. It is not included in cookie statistics or the Risk Calculator.
The Court of Justice of the European Union ruled that a contract clause forcing customers to agree to store their ID copies isn't valid consent. This matters because businesses can't trick customers into giving consent by making it seem mandatory. The decision highlights the importance of clear and voluntary consent for data collection.
What happened
Orange România SA included a misleading contract clause about consent for storing customer ID copies.
Who was affected
Customers of Orange România SA who were asked to consent to storing their ID copies.
What the authority found
The Court of Justice ruled that consent obtained through misleading contract clauses is not valid under GDPR.
Why this matters
This ruling emphasizes that consent must be clear and voluntary, not hidden in contracts. Businesses should ensure their consent practices are transparent and not misleading.
GDPR Articles Cited
National Law Articles
The CJEU ruled that consent is not valid if a contract contains a clause stating that the data subject has been informed of, and has consented to, the collection and storage of a copy of his or her ID for identification purposes, when the contract could be misleading as to the possibility of concluding the contract if the customer refuses to consent to the storage of the ID. Consent is also not valid if data subjects must complete an additional form setting out that refusal.
Outcome
CJEU Judgment
A judgment by the Court of Justice of the European Union, typically on a preliminary reference from a national court.
Related Cases (0)
No other cases found for Orange România SA in EU
This is the only recorded case for this entity in this jurisdiction.
Details
Judgment Date
11 November 2020
Authority
Court of Justice of the European Union
GDPRhub ID
gdprhub-cjeu-2169About this data
Cite as: Cookie Fines. Orange România SA - European Union (2020). Retrieved from cookiefines.eu
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