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Enforcement · CNIL (France) ·SAN-2023-012 EN LLM context A cited markdown file you can paste into your AI assistant (ChatGPT, Claude, a RAG or project knowledge base) to ground it in this document. Contains: this document’s text, its sections with their topics, and the full text of every law provision it applies. Everything links back to its source on overview.legal — legal information, not advice.

CNIL closes Google cookies enforcement after SAN-2021-023 compliance

Status Not cited by any decision here yet

Original title: CNIL (France) - SAN-2023-012

€90,000,000 Fine
France

Holding

The French DPA held that Google's updated cookie system was compliant, as the implementation of the "reject all" button offered a means of users refusing the storage of and access to their information, pursuant to Article 82 French Data Protection Act. Consequently, the French DPA decided to dismiss the periodic fine of €100,000 per day in the case of non-compliance, as the updated cookie banner was lawful.

From GDPRhub’s case note — a summary of the decision, not its own words. Read it in the text ↓

Full text 10 findings

Machine translation of the decision, via GDPRhub — not the official text. Read the original

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§

Deliberation of the restricted panel no. SAN-2023-12 of July 13, 2023 relating to the injunction pronounced against the companies GOOGLE LLC and GOOGLE IRELAND LIMITED by deliberation no. SAN-2021-023 of December 31, 2021 The National Commission for Information Technology and Freedoms, gathered in its restricted formation composed of Mr. Philippe-Pierre CABOURDIN, vice-president, Mrs. Anne DEBET and Christine MAUGÜÉ, and Messrs. Alain DRU and Bertrand du MARAIS, members; Having regard to Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 relating to the protection of personal data and the free movement of such data; Having regard to law n° 78-17 of January 6, 1978 as amended relating to data processing, files and freedoms, in particular its articles 20 et seq.; Having regard to Decree No. 2019-536 of May 29, 2019 as amended taken for the application of Law No. 78-17 of January 6, 1978 relating to computing, files and freedoms; Having regard to deliberation no. 2013-175 of July 4, 2013 adopting the internal regulations of the National Commission for Information Technology and Liberties; Having regard to deliberation no. SAN-2021-023 of December 31, 2021 adopted by the restricted panel against the companies GOOGLE LLC and GOOGLE IRELAND LIMITED; Having regard to the elements transmitted by the companies GOOGLE LLC and GOOLE IRELAND LIMITED on April 4, April 19, May 25 and June 15, 2022, to demonstrate their compliance with the injunction; Having regard to the letter of August 5, 2022, by which the president of the restricted panel asked the rapporteur to intervene again in the procedure for the purpose of examining these elements; Having regard to the additional request from Ms. Valérie PEUGEOT, commissioner rapporteur, notified to the boards of the companies GOOGLE LLC and GOOGLE IRELAND LIMITED on January 25, 2023; Having regard to the letter dated April 28, 2023, in response to the additional request, sent by the companies GOOGLE LLC and GOOGLE IRELAND LIMITED; Considering the other documents in the file; After deliberating at the meeting of July 13, 2023, adopted the following decision: I. FACTS AND PROCEDURE

¶1

Decision no SAN-2021-023 of December 31, 2021, notified to the company GOOGLE LLC on January 14, 2022 and on January 17, 2022 to the company GOOGLE IRELAND LIMITED, ordered the companies GOOGLE LLC and GOOGLE IRELAND LIMITED (hereinafter after “Google”) of: "to modify, on the websites "google.fr" and "youtube.com", the terms of obtaining the consent of users located in France to the operations of reading and/or writing information in their terminal, by offering a means of refusing these operations presenting a simplicity equivalent to the mechanism provided for their acceptance, in order to guarantee the freedom of their consent".

¶2

This injunction was accompanied by a penalty of one hundred thousand euros (100,000) euros per day of delay at the end of a period of three months following notification of the deliberation of the restricted formation, the supporting documents for the in compliance must be sent to the restricted training within this deadline.

¶3

On April 4, 2022, within the deadline set by the deliberation, Google sent the president of the restricted training elements with a view to justifying its compliance, presenting the measures that it intended to implement from mid -April 2022 on YouTube and at the end of April or in the first weeks of May 2022 for Google Search. The modifications consisted of adapting the user journey so that the pop-up windows relating to cookies, which appear when the user goes to the companies' websites, now include a refusal button entitled "Refuse all".

¶4

On April 19, May 25 and June 15, 2022, Google sent to the president of the restricted training the supporting documents attesting to the deployment on the websites "google.fr" and "youtube.com" of these new pop-up windows relating to cookies .

¶5

By letter dated August 5, 2022, the president of the restricted panel asked the rapporteur to intervene again for the purposes of examining these elements, on the basis of article 44 of decree no. 2019-536 of May 29, 2019, to ensure the effectiveness of the refusal mechanism implemented by the company.

applies Art. 44
¶6

For this purpose, after an analysis notified to Google on January 25, 2023, the rapporteur asked Google to provide her, within 2 months, with additional information.

¶7

By letter dated April 28, 2023, Google provided the requested details. II. REASONS FOR DECISION

¶8

The restricted training notes that it appears from the elements provided by the company in its various letters that people visiting the websites "google.fr" and "youtube.com" are now offered a means of refusing operations reading and/or writing information in their terminal presenting a simplicity equivalent to the mechanism provided for their acceptance.

¶9

The proposed terms make it possible to guarantee the freedom of user consent, the restricted panel considers that the companies GOOGLE LLC and GOOGLE IRELAND LIMITED have complied with the injunction within the allotted time limit. FOR THESE REASONS The restricted formation of the CNIL, after having deliberated, decides: - to say that there is no need to liquidate the penalty; - to make public, on the CNIL website and on the Légifrance website, this deliberation which will no longer identify the companies by name at the end of a period of two years, the starting point being the publication of the deliberation no. SAN-2021-023 of December 31, 2021. The vice president Philippe-Pierre CABOURDIN

How it connects

6 of 10 paragraphs apply legislation or carry a topic — see them in the full text ↓
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C-129/21 Proximus NV v Gegevensbeschermingsautoriteit In a preliminary ruling requested by the Brussels Court of Appeal, the Court of Justice of the European Union addressed the interpretation of Article 12 of Directive 2002/58/EC… CJEU ·Fourth Chamber Oct 27, 2022 Right to be Forgotten Telecommunications Personal Data
451423 French Supreme Court reviews CNIL €35M cookie consent fine against Amazon The French DPA had received a complaint on 28 May 2018 regarding the lawfulness of processing by Amazon Europe Core ('Provider' or 'The company'). The French DPA had forwarded… Supreme Administrative Court Jun 27, 2022 Consent Supervision Cookies
449209 CE asks CJEU if GDPR one-stop-shop applies to ePrivacy cookie consent cases On 7 December 2020, the French DPA (CNIL) imposed two fines totaling € 100 million on Google LLC and Google Ireland Ltd for violating Article 82 of the French Data Protection Act… Jan 28, 2022 Supervision Consent Supervisory Authorities
449212 CE upholds CNIL competence to fine Google €100M for cookies despite no lead authority role On December, 7 2020, the French DPA imposed a financial penalty of 60 Million euros fine against Google LLC and a 40 million euros against Google Ireland Limited in accordance… Mar 4, 2021 Supervision Supervisory Authorities Public Authority
W 108 2284491-1 The data subject visited a website operated by a media company (the controller) Upon opening the website a cookie banner showed up. This cookie banner was designed in such a way that a reject button was “hidden” in a second layer. The cookie banner’s first… BVwG - W 108 2284491-1 ·Federal Administrative Court Jul 31, 2024 Direct Marketing Integrity and Confidentiality Principle Fairness & Transparency