Article written by Haim Ravia and Dotan Hammer
The French data protection authority, CNIL, imposed a 60 million Euro fine on Facebook and a 150 million Euro fine on Google, for violations of provisions of the French Data Protection Act relating to cookies. This is the second fine for Google by CNIL, following a fine in December 2020 also on the issue of compliance with cookie regulations.
CNIL found that Google violated the regulations on cookies because it does not include a “reject all cookies” button on YouTube and Google Search, but did include an “accept all cookies” button. CNIL concluded that users are not allowed to refuse cookies as easily as they are allowed to consent.
Facebook was fined for similar reasons, and for its misleading consent mechanism which oddly allows users to refuse to cookies through the button for accepting cookies. CNIL clarified that complex refusal mechanisms discourage users from refusing cookies and adversely impact the freedom of their consent.
CLICK HERE to read CNIL’s decision concerning Google.
CLICK HERE to read CNIL’s decision concerning Facebook.
