France fines Google a record amount

Google has just been fined 50 million euros by CNIL, France's watchdog for privacy and personal data. Photo: AFP

The fine, announced on January 21, is the result of an investigation by the CNIL, which began in May 2018 after receiving a collective complaint from the associations None Of Your Business (NYOB) and Quadrature du Net. After months of investigation, the CNIL concluded that Google had failed to clearly inform users about the processing of their personal data.

During the investigation, CNIL created a new Android phone user (an operating system for smartphones designed by Google, equipped with many brands such as Samsung, Huawei, HTC…) to use its device. CNIL had access to information from Google about the relevant terms of use.

“We do not deny that Google has notified us about the exploitation of our users’ data,” Mathias Moulin, director of protection and sanctions at CNIL, told AFP. “However, the information is not easy to access. It takes up to five clicks to access the information,” Moulin added, questioning whether users are really willing to spend time to get this information.

According to CNIL, Google did not provide information in a “clear and understandable manner”, the shortcomings found could expose users’ privacy. In addition, there was a lack of transparency, inadequate information, and a lack of valid consent for personalizing ads.

By imposing the fine on Google, CNIL also becomes the first European regulator to sanction the giant Google under the new European regulations on personal data protection (RGPD), which came into effect on May 25, 2018.

After the fine was announced, Quadrature du Net welcomed it and said that the penalty was only the first part of the company's response to a complaint against Google for imposing ads on YouTube, Gmail, Google Search without the company's consent.

For Google, the question now is whether an appeal will be launched. In an interview with Le Monde, a Google spokesperson did not mention whether the company would start an appeal.

However, a Google spokesperson said, “Users expect high standards of transparency and control. We are committed to meeting these expectations and the RGPD’s requirements. We are studying the CNIL’s decision to determine our next steps.”