Google Fined for French Privacy Law Violation

21 January 2014 Internet, IT & e-Discovery Blog Blog
Authors: Peter Vogel

In 2012 Google consolidated more than 60 privacy policies into 1 which led to complaints that the new privacy policy breached French laws and has now resulted in a fine of $205,000 (€150 000).  French National Commission on Computing and Liberty (CNIL) issued the fine on January 8, 2014 which included the following complaints about the single privacy policy which CNIL asserts was contrary to “several legal requirements”:

  • The company does not sufficiently inform its users of the conditions in which their personal data are processed, nor of the purposes of this processing. They may therefore neither understand the purposes for which their data are collected, which are not specific as the law requires, nor the ambit of the data collected through the different services concerned. Consequently, they are not able to exercise their rights, in particular their right of access, objection or deletion.
  • The company does not comply with its obligation to obtain user consent prior to the storage of cookies on their terminals.
  • It fails to define retention periods applicable to the data which it processes.
  • Finally, it permits itself to combine all the data it collects about its users across all of its services without any legal basis.

Computerworld reported that by filing the appeal of the fine Google did not have to explain the fine on the French homepage, and regarding the fine:

…in the face of Google’s continued refusal to change the policy, CNIL imposed the maximum fine within its powers, just over 0.01% of Google’s annual revenue in France, according to a study by VRDCI, a French search optimization agency. If Google continues to offend, CNIL could impose a second fine.

Google seems committed to the single privacy policy in France, but the fine and bad press does not portend well for Google.

This blog is made available by Foley & Lardner LLP (“Foley” or “the Firm”) for informational purposes only. It is not meant to convey the Firm’s legal position on behalf of any client, nor is it intended to convey specific legal advice. Any opinions expressed in this article do not necessarily reflect the views of Foley & Lardner LLP, its partners, or its clients. Accordingly, do not act upon this information without seeking counsel from a licensed attorney. This blog is not intended to create, and receipt of it does not constitute, an attorney-client relationship. Communicating with Foley through this website by email, blog post, or otherwise, does not create an attorney-client relationship for any legal matter. Therefore, any communication or material you transmit to Foley through this blog, whether by email, blog post or any other manner, will not be treated as confidential or proprietary. The information on this blog is published “AS IS” and is not guaranteed to be complete, accurate, and or up-to-date. Foley makes no representations or warranties of any kind, express or implied, as to the operation or content of the site. Foley expressly disclaims all other guarantees, warranties, conditions and representations of any kind, either express or implied, whether arising under any statute, law, commercial use or otherwise, including implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall Foley or any of its partners, officers, employees, agents or affiliates be liable, directly or indirectly, under any theory of law (contract, tort, negligence or otherwise), to you or anyone else, for any claims, losses or damages, direct, indirect special, incidental, punitive or consequential, resulting from or occasioned by the creation, use of or reliance on this site (including information and other content) or any third party websites or the information, resources or material accessed through any such websites. In some jurisdictions, the contents of this blog may be considered Attorney Advertising. If applicable, please note that prior results do not guarantee a similar outcome. Photographs are for dramatization purposes only and may include models. Likenesses do not necessarily imply current client, partnership or employee status.

Authors

Related Services