Key Takeaways
1. CNIL fined Google €325 million ($381 million) for breaching GDPR and cookie laws.
2. Google displayed ads in Gmail without user consent and improperly used tracking cookies during sign-up.
3. Investigations were prompted by a complaint from privacy group None of Your Business (NOYB) in August 2022.
4. Google must cease showing ads in user inboxes without approval and comply with future regulations to avoid daily fines.
5. This is not Google’s first penalty from CNIL; it faced a €50 million fine in 2019 and additional fines in 2020 and 2021 for similar violations.
France’s data protection agency, known as the Commission Nationale de l’Informatique et des Libertés (CNIL), has imposed a hefty penalty of €325 million ($381 million) on Google for breaching GDPR and cookie laws.
Consent Issues
In a recent press release, CNIL pointed out that Google was showing ads within user emails on Gmail without obtaining their permission first and placed tracking cookies for new accounts during the sign-up phase.
This fine comes after multiple investigations carried out between 2022 and 2023 regarding Gmail, which were initiated due to a complaint from the privacy group None of Your Business (NOYB) in August 2022.
Advertisements in Gmail
These investigations uncovered that Google had been displaying ads that were camouflaged as emails in the “Promotions” and “Social” sections of Gmail. CNIL emphasized that user consent was necessary for such advertisements.
Additionally, another issue raised was how Google prompted users to agree to cookies for Gmail, but it failed to adequately inform them that these cookies would be utilized for displaying personalized ads.
Future Compliance
In addition to the substantial fine, Google is now required to take appropriate actions to ensure this does not occur again and must cease showing ads in users’ inboxes without their approval. If Google fails to comply, it could face daily fines of up to €100,000.
This isn’t the first instance of Google facing scrutiny from CNIL. Back in 2019, the company was fined €50 million for similar GDPR violations related to advertising. Moreover, in 2020 and 2021, Google faced further fines for cookie-related breaches.
Previous Penalties
In 2021, the French competition body, Autorité de la Concurrence, also fined Google $590 million in a dispute regarding compensation for news media.
A spokesperson for Google commented to Reuters that the company is currently reviewing the ruling, claiming that Google has always given users the option to control the advertisements they wish to see.
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