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France: CNIL closes injunction against TAGADAMEDIA

On May 28, 2024, the French data protection authority (CNIL) announced the Deliberation of CNIL's Restricted Committee No. SAN-2024-007 of April 25, 2024 (Deliberation of April 25). In particular, CNIL highlighted that the Deliberation of April 25 closed the injunction issued against TAGADAMEDIA for compliance with Decision No. SAN-2023-025, as issued on December 29, 2023 (Decision of December 29), in which CNIL fined TAGADAMEDIA €75,000 for failing to obtain user consent to the transmission of user data to third parties, in violation of the General Data Protection Regulation (GDPR).

Background to the decision

In particular, CNIL highlighted that in the Decision of December 29, it imposed a fine of €75,000 on TAGADAMEDIA and that the injunction was accompanied by a fine of €1,000 per day of delay at the end of a one-month period following notification of the decision. CNIL reminded that the Decision of December 29 concerned TAGADAMEDIA's transmission of user data to TAGADAMEDIA's partners for commercial purposes without user consent.

Findings of CNIL

CNIL outlined that it received a notification from TAGADAMEDIA that it had changed the interface and options for consent to the privacy policy. Specifically, CNIL noted that the new interface made users aware of the consequences of clicking each respective option, and that an explanatory text allowed users to make an informed choice when making their decision.

Outcomes

Accordingly, CNIL considered that the behavior of TAGADAMEDIA justified its decision that the penalty payment of an additional €1,000 per day following the violation does not need to be paid and that TAGADAMEDIA complied within the stipulated time limit.

You can read the press release here and the Deliberation of April 25 here, both only available in French.