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Orange România SA – CJEU Judgment (European Union, 2020)

CJEU Judgment
Court of Justice of the European Union11 November 2020European Union
final
CJEU Judgment

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 consent for data collection is not valid if it is tied to misleading contract terms. If customers feel they must agree to data storage to complete a contract, their consent cannot be considered genuine.

What happened

The court found that consent is invalid if it is coerced by misleading contract clauses.

Who was affected

Consumers who are asked to consent to data storage under misleading conditions are affected.

What the authority found

The Court held that consent must be freely given and not influenced by misleading information in contracts.

Why this matters

This ruling sets a precedent for how consent must be obtained in data collection practices. Businesses should ensure their contracts are clear and do not pressure users into giving consent.

Recorded legal citations
Automatically processed
Art. 7 GDPR
Art. 6(1)(a) GDPR
Art. 4(11) GDPR
View original scraped data
Art. 4(11) GDPR
Art. 6(1)(a) GDPR
Art. 7(GDPR)

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

National Law Articles
AI-identified
Article 32 Law No 677/2001 on the protection of persons with regard to the processing of personal data and on the free movement of such data (Romanian Data Protection Act)
Decision AuthorityCJEU

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Automated check recorded — 23 March 2026.

Processing notes: national law identified.

Retrieved text may be a secondary summary or an announcement. These automated statuses do not establish that the original decision was read or that the record received an independent legal review. How we check sources

European Union enforcementCourt of Justice of the European Union actionsAll Orange România SA actions
Full Legal Summary
Detailed

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 Case

A judgment or Advocate General opinion in a case before the Court of Justice of the European Union.

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

Sources

About this data

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

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