Google challenges $ 100 million fine before State Council – EURACTIV.com

L'instruction a été repoussée jusqu'au 24 février

The National Commission for Informatics and Freedom (CNL) yesterday (February 11) reviewed a request for interim action filed by Google LLC and Google Ireland following a $ 1 million fine last December. Collection of cookies. EURACTIV France was at the hearing.

In him Counseling On December 7, 2020, CNL particularly criticized the multinational – European headquarters in Dublin – Law relating to data processing, files, and freedoms.

Article 82 provides that “ [t]If the subscriber or user of an electronic communication service is not notified in advance, the controller or his representative (…) [d]Purpose of any activity aimed at the electronic transmission and the information already stored on its terminal electronic communication equipment or to provide information on this device ” as well as « [d]The way to counter it.

However, a survey by CNL indicates that ” When they get to the google.fr website, they place seven cookies on their terminal devices before taking any action on their part. “Concerned Companies Conclude” Users have not complied with the requirement of prior, clear and complete information or the mandatory collection of their consent, and the anti-cookie system has been partially compromised..

Disagree on substance and form

Google wants to express its deepest dissent through the voice of Patrick Spinozi, the lawyer he faces. ” In extraordinary amounts Changes CNL maintains a fine of 100,000 euros per day for delay in allowing a search engine to incorporate required changes. One assessment that the judge seemed to be subscribing to: “Anyway, 100,000 euros is 100,000 euros! “

After the search engine has already made some changes to its interface, both parties seem to agree that these changes are now in the realm of words and reading for the user.

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Google’s deadline for April 4 – although very short, is being considered by a representative of CNL at the hearing. ” Too much »: One and a half months left“She said.” If we change the word ‘hello’ to ‘hi’, it will take us 3 months, ”Replied one of the representatives of the institution.

« As soon as Google changes its banner, it should [dans tous les autres pays], ”We added from Google. An argument that has no place in the debate in the opposing bench after that. ” This is not part of the ban.

And the legal status of this Google-qualified order ” Not clear enough “On several occasions, multinationals have argued that CNL is competent on this issue.

The second argues that the regulation of the cookie policy is included in its attributions under the Rules ePrivacy – Needless to say, Google considered it in its deliberations. France has an adequate province subject to French law«

At the same time, it requires a one-stop-shop system provided by Google Public data protection control (GDPR), which would force him to be held accountable only for the subsidiary authority of the country mentioned by the Company, in this case Ireland. ” We keep our reading correct, ”Patrick Spinozi insisted.

The proposal has been postponed until February 24 so that CNL can formally respond to a letter sent by Google in February – sorry, no response has been received so far – and the changes are being proposed. Regulatory Authority.

The judge ruled that without this new transfer between the two interested parties, the urgency of the request could not be further assessed.

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Google has already gone to the cash register in 2020 after the Council of State confirmed the first fine of 50 50 million imposed by CNL for the lack of information about the use of personal data collected by the company through the Android system.

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