Google LLC is one of the biggest American multinational technology company that targets on the artificial intelligence, online advertising, cloud computing etc. Google LLC has expanded its business through the online advertising.
What is CNIL?
The CNIL, Commission Nationale Informatique & Libertés is a French Data Protection Agency. It was invented in 1978. Its regarded as an independent administrative body that looks after the Data Protection Legislation. The independence of the CNIL is guaranteed on account of its composition and organisation. The CNIL is responsible for ensuring that information technology remains at the service of citizens. The AT Internet Analytics Suit has a close relationship with CNIL. It is the administrative body that responds to requests made by individuals and companies about their rights.
Why was Google LLC Fined?
On the 31st December 2021, the CNIL has issued $90 Million fine on the Google LLC. The Google LLC fined to on the inability to allow Youtube users in France to refuse the cookies as simply as they could arrange them on the Data Processing. Therefore, the Cookie Regulation do not come directly under GDPR.
CNIL started investigating on the different online checks. It carried out on the youtube.com website. It has made various investigation regarding the cookie banners, privacy policies, the terms and services of the website. they forwarded to Google in the form of report requesting to provide in detail information of each and every cookies mentioned in the report.
The CNIL has ordered the company to provide the list of citizens located in France with the means of refusing cookies as well as accepting them within 3 months. Hence, if they fail to do so the company will have to pay a penalty of 100,000 euros per day of delay.
Prior GDPR Fine on Google LLC
In the late 2019, the (CNIL) Commission Nationale Informatique & Libertés has imposed $50 Million euros against the company. The fine imposed was related to the transparency, lack of information that was provided. The authority stated that the information that is provided by the Google is not leaked to anyone.
The main objective of the company is to look after the privacy as well as the data protection measures. The information was leaked without any permission taken of the users. The restricted committee recalls that the extent of these processing operations in question imposes to enable the users to control their data and therefore to sufficiently inform them and allow them to validly consent.
CNIL Findings on Google LLC
According to CNIL, the cookie banner that exhibits on the google.com and youtube.com has developed a button for immediately accepting the cookies. But the button developed not offered to the users. The deposit of such cookies developed refused.
Additionally, CNIL also observed that to reject the cookies there are certain functions to perform. The main principles of the cookies is that the data controllers must offer the users both the possibility of accepting as well as rejecting the cookies. It concluded that the refusal mechanism does not offer the same degree of ease as the mechanism to express consent.
Therefore, CNIL considered that making the mechanism for refusing cookies more complex than the mechanism for accepting them. In fact it amounts to discouraging users from refusing cookies and encouraging them to favor the “I accept” button.
The Aftermath of the Case
Google LLC disagreed regarding the fine of GDPR imposed on them by CNIL. Google LLC protects and safeguard the privacy of each and every citizen. People have faith and trust Google LLC as they respect the the privacy protection. To the Upcoming changes Google LLC committed. The Google LLC is still fighting against the France’s highest court on the fine imposed by CNIL of $90 Million.
