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

TV Manufacturer Telly Touts Programmatic Home Screen Ads

Telly, the startup that gives away free smart TVs in exchange for data and ad exposure, is making its home screen ads available for brands to buy programmatically – and pushing for industry standards to help attract more spend. 

AI Is Helping L’Oréal Brainstorm Unique Ways To Reach Male Audiences

L’Oréal adopted creative AI platform Springboards to generate creative ideas that led to a collaborative, ongoing ideation process.

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

Google Had Its Day In Court. Now, It’s Amazon’s Turn

Google won’t have to break up its ads business after being declared an online monopolist. Meanwhile, Amazon faces a lawsuit from the FTC alleging that it charged advertisers more than necessary for ecommerce ads.

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

The FTC’s Amazon Lawsuit Is Ad Tech’s History Of Opacity Repeating Itself

Buy-side experts said it’s another example of a Big Tech platform taking advantage of the lack of transparency built into programmatic ad auctions. And they’re not optimistic change is coming.

How The Fin Tech Clearco Finances Ecommerce Startups (Without Losing Its Shirt)

This week, the Commerce Media Newsletter catches up with a startup from outside the world of data-driven advertising, but with an interesting position when it comes to ecommerce advertising. That’s Clearco, a Canadian fin tech company founded in 2015.

LOS ANGELES, CALIFORNIA - APRIL 26: Halo Collar CMO Seth Solomons attends a Celebration to Shine a Light On Dog Safety With Halo Collar on April 26, 2022 in Los Angeles, California. (Photo by Stefanie Keenan/Getty Images for Halo Collar)

How Halo Collar Uses Data And Incrementality To Raise Both Awareness And Sales

Halo Collar, a dog collar brand with direct-to-consumer origins, is preparing for its retail expansion by honing its first-party data strategy and incrementality measurement.