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International: CNPD imposes €746M fine on Amazon for targeted ad system, Inc. issued, on 29 July 2021, its quarterly report pursuant to Section 13 of 15(6) of the Securities Exchange Act of 1934. In particular, in the section regarding legal proceedings, on page 13, Amazon outlined that the Luxembourg National Commission for Data Protection ('CNPD') had issued, on 16 July 2021, a decision against Amazon Europe Core S.à.r.l. whereby it claimed that Amazon's processing of personal data did not comply with the General Data Protection Regulation (Regulation (EU) 2016/679) ('GDPR'). More specifically, the decision imposes a fine of €746 million and corresponding practice revisions. Lastly, Amazon stated that it intends to defend itself vigorously in the matter.

In addition, La Quadrature du Net released a statement in which it clarifies that the decision follows its collective legal action launched in March 2018 against Amazon, further noting that the decision found the targeted advertising system used by Amazon not to be based upon freely given consent and that the fine constitutes the largest levied under the GDPR to date.

You can read the quarterly report here and La Quadrature du Net's statement here.

UPDATE (3 August 2021)

CNIL confirms decision and clarifies lack of CNPD publication

The French data protection authority ('CNIL') published, on 3 August 2021, a statement in which it addressed the fine and clarified that, although the original complaint filed by La Quadrature du Net had been filed with CNIL, the CNPD was a competent authority to process the case as Amazon Europe Core was established within its jurisdiction. Furthermore, CNIL indicated that it had worked with the CNPD throughout the legal proceedings and that the decision had not yet been made public by the CNPD as Luxembourg law does not allow the same until all possible options for appeal have been exhausted. In addition, CNIL stated that La Quadrature du Net had been informed in line with requirements under the GDPR, having launched the original complaint. 

You can read the statement, only available in French, here.

UPDATE (6 August 2021)

CNPD confirms Amazon fine

The CNPD released, on 6 August 2021, a statement in which it confirmed that it had issued a decision, on 15 July 2021, regarding Amazon as part of the cooperation mechanism provided by Article 60 of the GDPR. Furthermore, the CNPD added that it is bound by professional secrecy rules and as such cannot communicate details regarding specific cases, further noting that the publication of a decision is deemed as an additional sanction. 

The CNPD also stated that the period for appeal is three months.

You can read the statement, only available in French, here.