Home Privacy Google Loses Its Appeal On 50 Million Euro GDPR Fine

Google Loses Its Appeal On 50 Million Euro GDPR Fine

SHARE:

Remember that 50 million euro fine that Google got slapped with in France for failing to comply with the General Data Protection Regulation last year?

Looks like Google is going to have to pay up.

On Friday, the Conseil d’État (translates to Council of State), a division of the French government that serves as the supreme court of administrative justice, sided with France’s data protection authority, the CNIL (Commission nationale de l’informatique et des libertés), which levied the fine against Google in January 2019.

(Fun fact: Napoleon Bonaparte founded the Conseil d’État in 1799.)

The CNIL’s sanctions focused mainly on two specific GDPR infringements: having a non-transparent consent gathering process that doesn’t give users enough info to make an informed decision and – the bigger issue – the lack of a legal basis for processing personal data for advertising purposes.

At the time, Google’s fine (which translates to just over $56 million) was the largest issued under GDPR. Today, that dubious honor goes to British Airways in the United Kingdom, which was fined more than 204 million euros (roughly $229 million) in July 2019 for a massive 2018 data breach.

Google immediately announced its intention to appeal the CNIL’s decision. In a January statement, Google defended its consent process for serving personalized ads and said it was “concerned about the impact of this ruling on publishers, original content creators and tech companies in Europe and beyond.”

Google appealed on the grounds that the French DPA doesn’t have jurisdiction over Google’s European headquarters. Google claimed that the Irish data protection authority should be leading any cases or investigations into its practices.

But the argument apparently didn’t fly, and the Conseil d’État is expected to issue its final judgement next week.

The CNIL’s original ruling in January followed a series of complaints filed by two nonprofit groups, La Quadrature du Net and None Of Your Business, both of which accused Google of lacking a legal basis for processing the personal data of its users.

None Of Your Business is led by Max Schrems, the Austrian lawyer and privacy campaigner responsible for bringing the 2013 legal challenge against Facebook’s international data-sharing practices that ultimately overturned the Safe Harbor agreement.

Tagged in:

Must Read

Marketers Are Getting Used To AI In The Ad Stack

Marketers and media buyers are gradually getting more comfortable talking about ad campaigns they’re testing on large-language models like OpenAI’s ChatGPT.

For Video Publishers, Performance And AI Go Hand In Hand

In Connected TV Ad Land, proving performance is the priority for video advertisers. To drive more demonstrable reach and results, publishers are trying to expand their reach while wringing more data and AI features into their offerings. 

Independent Ad Tech Is Reframing Itself Around Cloud Hardware

Nowadays, programmatic vendors, and SSPs in particular, are carving new paths of differentiation based on their type of adoption of cloud infrastructure.

Privacy! Commerce! Connected TV! Read all about it. Subscribe to AdExchanger Newsletters

Ad Performance Hinges On Kicking Fragmentation’s Butt

As performance takes center-stage in more advertising discussions, demands to solve fragmentation and cruddy measurement are reaching a fever pitch.

AdExchanger's Big Story podcast with journalistic insights on advertising, marketing and ad tech

AI Off The Rails

A word of caution to digital advertising companies, as they go all in on AI algorithms: They need to build these solutions with ownership, governance and accountability from the start – or AI could sink them with a single mistake.

square Headshot of Mohammad (Moe) Chughtai, global VP of strategy & partnerships at MiQ, against an orange and yellow gradient background

Better Attribution Makes Live Sports A Performance Play

To squeeze the most juice out of their live sports campaigns, many marketers are adopting programmatic buying and marketing mix modeling, both of which are also drawing more advertisers to the digital live sports cornucopia.