By decision of 28 July 2020, the CNIL imposed a fine of €250,000 and an obligation to comply with the GDPR within 3 months of the decision, on SPARTOO, an online shoe retailer operating in 13 European countries. This is
Germany-Antitrust Law: Facebook’s Wrongful GDPR Practice Hinders Competition
By a decision of 23 June 2020, the German Federal Supreme Court provisionally confirms the allegation of abuse of a dominant position by Facebook because its users were not given the choice over the level of personalisation of their Facebook experience, which entails the collection of data from sources outside the Facebook network (e.g. Instragram, internet browsing etc.).
The Court considered that Facebook practice may hinder the competition in the social network and online advertising market due to its dominant position and provisionally upheld the decision of the German Federal Cartel Office (“Bundeskartellamt”) prohibiting Facebook from processing personal data collected outside the Facebook environment without the users’ additional consent.
This decision is interesting as it shows that in certain cases a breach of GDPR provisions may also have consequences on competition law matters.
France: The Prohibition of “Cookie Walls” in the CNIL Guidelines was Unlawful
In a decision of 19 June 2020, the Conseil d’État (i.e. the French Supreme Administrative Court) ruled, as part of a judicial review, that the CNIL could not legally prohibit the use of “cookie walls” in its recommendation on cookies
Google : The CNIL €50 million Fine Is Upheld
The Conseil d’État (i.e. The French Supreme Administrative Court) upholds, by a decision of 19 June 2020, the €50 million sanction imposed on Google by a decision of the CNIL of 21 January 2019. The Supreme Court confirms that: the
Cookies : The General Advocate of the French Administrative Court Supports Cookies Wall
The newspaper “Les Echos” reported in an article published on 12 June 2020 that the General Advocate (in French the “rapporteur public”) of the Conseil d’Etat, the French Supreme Administrative Court, shared a different view from the CNIL’s doctrine by