After the control campaign launched in April, the CNIL has announced a second series of formal notices targeting "some forty" recalcitrant actors. These companies and organizations have until September 6 to comply with the RGPD (or General Data Protection Regulation). What about this legislation on cookies? The RGPD and the CNIL are hitting hard.
Formal notice: which companies are targeted?Among the 40 or so organizations targeted by the CNIL's new control campaign are:
Reminder: CNIL controls
The CNIL must carry out checks on companies working on personal data processing. Its objective: to regulate the use of personal data, guarantee the collection of consent and ensure compliance with the GDPR.
The GDPR: eternal support for CNIL control
The GDPR makes it possible to control and guarantee compliance with the guidelines for companies in charge of processing or managing data. The CNIL therefore gives formal notice to the managers of sites and applications to ensure the compliance of processing with the GDPR.
According to her, cookies account for 20% of the problem of GDPR non-compliance in web environments. In order to use this tracking technology, it is essential that users are able to give their consent beforehand - and above all freely.
The decision of the CNIL
At the end of May, the CNIL had already announced some twenty formal notices, targeting in particular "major companies in the digital economy".
The regulator had also indicated that it had found breaches on other websites and was considering multiple sanctions.
This new control campaign and these new measures are in addition to the procedures underway before the CNIL's restricted formation (the body responsible for imposing sanctions) and are likely to result in fines of up to 2% of the company's turnover.
Focus: 2020 controlsAs a reminder, in 2020, the CNIL had pronounced 14 sanctions and 49 formal notices for a total of €138.5 million in fines (compared with eight sanctions, 42 formal notices and €51.4 million in fines in 2019).
It is clear that the pace is accelerating with information from individuals (9.7 million visits to the CNIL website, i.e. +21%), complaints (13,585 in 2020) and personal data breach notifications.
No company is safe!
The frequency of website updates (technology, tracking, content, campaigns, promotions...) exposes brands to the risk of infringement, making spot audits potentially dangerous in a particularly heavy and complex technological environment.
The Data On Duty solution
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