The House of Data Imperiali bulletins are extracts from the articles of the Legal Information Service (SIG) edited by Mr. Rosario Imperiali d’Afflitto.

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CNIL vs. Google

The disputes between the French supervisory authority and the Californian company are still going on for alleged violations of European regulations on the protection of personal data and privacy in electronic communications.

On December 31, 2021, the CNIL fined for a total of 150 million euros two of the group’s companies on the assumption that users of the google.fr and youtube.com sites may not refuse cookies as easily as accept them.

CNIL_vs_Google
Main disputes between the CNIL and Google.

Overall considerations

It is impossible not to consider the three cases in which the American giant succumbed against the French supervisory authority, with the imposition of fines for violations of European regulations on personal data and privacy in electronic communications, the overall total of which now amounts to the considerable sum of 300 million euros.

The path now seems to be traced and consolidated, as evidenced by the two decisions of the Council of State that have rejected the appeals filed by Google against the first two sanctioning decisions. The ingredients of the French regulator’s attack strategy are:

  • ePrivacy scope of application
  • Google LLC accountable for online activity
  • Relevance of EU establishments
  • French authority’s competence
  • exclusion of the cooperation mechanism for cross-border processing.