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Google : failure to comply before deadline set in the enforcement notice

27 September 2013

On 20 June 2013, the CNIL’s Chair had ordered Google to comply with the French data protection law within 3 months. On the last day of this period, Google responded to the CNIL. Google contests the reasoning of the CNIL and has not complied with the requests laid down in the enforcement notice

The formal enforcement notice of 20 June follows an analysis by European data protection authorities (united within the Article 29 Working Party) of the new privacy policy that Google implemented on 1 March 2012. The CNIL ordered Google to comply with the French data protection law within three months and in particular to:

  • Define specified and explicit purposes;
  • Inform users with regard to the purposes of the processing implemented;
  • Define retention periods for the personal data processed;
  • Not proceed, without legal basis, with the potentially unlimited combination of users’ data;
  • Fairly collect and process passive users’ data ;
  • Inform users and then obtain their consent in particular before storing cookies in their terminal.

On the last day of the three-month time period given to Google Inc., the company contested the reasoning followed by the CNIL, and notably the applicability of the French data protection law to the services used by residents in France. Therefore, it has not implemented the requested changes. In this context, the Chair of the CNIL will now designate a rapporteur for the purpose of initiating a formal procedure for imposing sanctions, according to the provisions laid down in the French data protection law.

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