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Google Fined $57 Million By French Data Privacy Body For Failing To Comply With EU's GDPR Regulations (venturebeat.com)

schwit1 shares a report from VentureBeat: Google has been hit by a $57 million fine by French data privacy body CNIL (National Data Protection Commission) for failure to comply with the EU's General Data Protection Regulation (GDPR) regulations. The CNIL said that it was fining Google for "lack of transparency, inadequate information and lack of valid consent regarding the ads personalization," according to a press release issued by the organization. The news was first reported by the AFP. What the CNIL is effectively referencing here is dark pattern design, which attempts to encourage users into accepting terms by guiding their choices through the design and layout of the interface. This is something that Facebook has often done too, as it has sought to garner user consent for new features or T&Cs.

It's worth noting here that Google has faced considerable pressure from the EU on a number of fronts over the way it carries out business. Back in July, it was hit with a record $5 billion fine in an Android antitrust case, though it is currently appealing that. A few months back, Google overhauled its Android business model in Europe, electing to charge Android device makers a licensing fee to preinstall its apps in Europe. Google hasn't confirmed what its next steps will be, but it will likely appeal the decision as it has done with other fines. "People expect high standards of transparency and control from us," a Google spokesperson told VentureBeat. "We're deeply committed to meeting those expectations and the consent requirements of the GDPR. We're studying the decision to determine our next steps."

25 of 109 comments (clear)

  1. Speeding fine by Anonymous Coward · · Score: 4, Insightful

    Based on that, my next speeding fine should be about $0.27

    Corporate fines MUST be based on International turnover (they hide profits too well), or better year a minimum of 12 months in federal prison for all of the Management.

    1. Re:Speeding fine by Anonymous Coward · · Score: 2, Funny

      So, Google was fined the amount of money they make in 8 hours.

      That will teach them a lesson.

    2. Re: Speeding fine by Mr.+Dollar+Ton · · Score: 5, Insightful

      GDPR's sole reason to exist is to give me a legal option to force the likes of Facebook and Google to store and process my private information in a more responsible manner.

      It is not difficult to comply with. A Mom and Pop shop does't need "a full time DPO" if they have a visitor from the EU or ship a package occasionally.

      I looked at europa.eu, and I don't understand what you mean at all by "cleaning house domestically". The GDPR applies with the same strength everywhere in the EU, and to all companies that operate there. I've had personal data removed by EU companies after a GDPR request.

      Take a breather, nobody's buying your sad FUD.

    3. Re: Speeding fine by gravewax · · Score: 4, Informative

      NO THEY FUCKING DON'T need a DPO. The regulations are quite clear on that, only organisations that process large scale data processing and collecting. You don't have any "hours to react to a breach", you have to act in a timely and responsible manner. NO your country DOES NOT mandate recording information in breach of the GDPR, The GDPR excludes government requirements for data storage, what it mandates is that you must store and process data in a responsible manner.

    4. Re: Speeding fine by Cederic · · Score: 3, Insightful

      The EU hasn't set a rule on companies. The EU has agreed collectively that its member states must pass rules on company behaviour.

      The benefit of the EU is that complying with one country's rules means you're (broadly) automatically complying with all of the other countries' rules. You still have to obey the law in each country in which you operate.

      Is that so hard to comprehend?

    5. Re: Speeding fine by kaur · · Score: 3, Insightful

      GDPR is very simple to comply with:
      - know how your business uses personal data
      - be open about it - inform your customers
      - secure the use of personal data by access control & logging
      - check your contracts with third parties, and try not to share personal data unless necessary
      - educate your employees

      That's about it.

      The real effect of GDPR is implementing reasonable data management practices across the board.
      Say I want to save the hair colour of customers. Shall I create a new database? Or should I put it into an existing one? New database is easier, I don't need to discuss with anyone, I'l just spin up a new mongo instance, done. But I'll lack all security that the old database already has. Now GDPR forces me to implement security, which means it will be easier to put the data into the existing DB, even if this has management overhead for me - I need to get my change into DB team's backlog, etc. However, in the long run I am better off with all data being in one place, not split across multiple platforms.

      Or say I need to email / message / call my customers. GDPR incentivizes using service providers that have been already set up, with contracts and security and compliance in place. This is a price to pay, you won't be as flexible as you could, and you will pay extra for the compliance. However, this is a reasonable tradeoff.

      Mom & Pop should thus know what personal data they have, know how they handle it, and say it out in a public statement.
      Not much to ask.

    6. Re: Speeding fine by IamTheRealMike · · Score: 2

      Why are you so angry? GDPR is clear about exactly nothing, I've read it. If you broadly agree with strong executive power you'll think GDPR is peachy and wonderful and people arguing with it are just stupid or malicious. If you think law should clearly enumerate in exacting detail what it forbids or allows you will think GDPR is incompetent and probably intended for political advantage.

      The DPO issue is exactly like every other part of the GDPR - so vague as to be entirely open to interpretation. "Only organisations that do large scale data processing and collecting"? Yeah? What's large scale? What's processing, exactly? What is the precise definition of collecting? What does the term 'responsible manner' mean? None of these things are obvious and all can be argued with without limit.

      Do you seriously believe Google hasn't invested huge sums of money in trying to be GDPR compliant? Do you seriously believe CNIL has precise and detailed guidance they followed when reaching this decision? If you do I wonder how much you've really dealt with regulators. Because I have and this is playing out exactly as I predicted - nothing these companies can do, no matter what, will ever be deemed in compliance. GDPR is a fine factory.

  2. Re: If it's an EU rule then why... by Anonymous Coward · · Score: 3, Informative

    Vast amounts of new wealth has to be taxed

    A fine for violating a law with a 2-year grace period is not a tax, stupid.

  3. Offer them an alternative by Opportunist · · Score: 4, Interesting

    Like, say, they could pay the taxes for the revenue they make in France instead of squirreling it away with some tax evasion tricks.

    Then again, paying the fine is probably cheaper.

    --
    We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    1. Re:Offer them an alternative by Mr.+Dollar+Ton · · Score: 4, Insightful

      Tax avoidance is something entirely different from non-compliance with the privacy law. Why would you want to mix the two?

    2. Re:Offer them an alternative by Opportunist · · Score: 2

      It's an unfortunate fact that international corporations pay nowhere in the EU the actual tax they'd owe. By coincidence, the Süddeutsche Zeitung has an article about it today, with the biggest discrepancy in Luxemburg where the tax rate would be 29% while corporations pay closer to 2% due to tax evasion constructs.

      Whether this is actually legal is debatable, so far nobody bothered to drag anyone to court over it. Even if it is legal, it is by no means right, since it makes smaller companies uncompetitive, not because of their inferior production means or processes but simply because they can't abuse the same tax tricks. And changing it is no trivial matter because there are EU members like Ireland that benefit heavily from such practices and will fight tooth and nail to continue being a tax evasion haven.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
  4. Re: If it's an EU rule then why... by Mr.+Dollar+Ton · · Score: 2

    No, when a government gets to spend money it is a disbursement from the government budget. A tax is an amount collected from a group of citizens that support the operation of their government. A fine is a measure to discourage criminal behavior, by a person or a corporation.

    Get the reasons for the different definitions, just being loud and ignorant doesn't strengthen your argument.

  5. Re:If it's an EU rule then why... by Mr.+Dollar+Ton · · Score: 4, Informative

    If it's an EU rule then why... Is a specific country fining Google?

    Because the EU is a confederation, in which the EP and EC draft the rules, and then each member is tasked with enforcing them on their territory, which is an obligation they have accepted by ratifying the EU treaties.

    it is really simple and straightforward.

  6. Re: If it's an EU rule then why... by guruevi · · Score: 3, Informative

    You obviously have no idea. IP's are "personal information": https://www.alstonprivacy.com/... ; A website by definition serves anyone on the internet ; The rest of your post is likewise red herrings, GDPR is not concerned with whether or not an individual is an EU citizen, anyone located in an EU country is protected by GDPR and can apply for the protections under it. According to one law firm that tries to explain it: "it is likely that EU citizens residing in the US will be given the same protections as those living in an EU country". If you operate a hotel, how would you limit your offers, the goal is to sell yourself to as much visitors as possible, not serving people from the EU would be discrimination in many countries.

    --
    Custom electronics and digital signage for your business: www.evcircuits.com
  7. Re: How France understands computer use by Maelwryth · · Score: 4, Insightful

    It's a fine, not a tax. If Google wishes to operate within the E.U. then they have to obey the laws of the E.U.

    --
    I reserve the write to mangle english.
  8. Re: If it's an EU rule then why... by Mr.+Dollar+Ton · · Score: 4, Informative

    You obviously have no idea. IP's are "personal information": https:

    Wrong, it is you who has no idea. And let me quote the relevant part of the decision for you:

    However, the ECJ did not state that in all cases, IP addresses in the hands of a website operator should be considered personal data. Instead, it required an evaluation of “whether the possibility to combine a dynamic IP address with the additional data held by the [ISP] constitutes a means likely reasonably to be used to identify the data subject.”

    GDPR is not concerned with whether or not an individual is an EU citizen, anyone located in an EU country is protected by GDPR and can apply for the protections under it.

    Wrong, only legal residents of the EU are protected by GDPR. Clearly stated in the law, which you have not read.

    According to one law firm

    Well, find a competent one, or just read the guides that EU has helpfully posted for more than 2 years now.

    If you operate a hotel, how would you limit your offers

    Well, you just advertise locally, or if you want orders from within the EU, you comply.

  9. Re:Good. by gravewax · · Score: 2

    Do you say the same when it comes to China or North Korea? Oppressive, protectionist laws are equally oppressive regardless of the current regime.

    I certainly do, if the regime is Oppressive and you disagree then don't do business there. Businesses do not and should not EVER get to select which laws they will and will not obey.

  10. Re:Good. by Malc · · Score: 2

    As an EU citizen, albeit for another two and bit months, I don't find these laws oppressive in any kind of way and I'm glad that a level government that represents me is doing something to protect my interests and privacy. Somebody's had to reign these corporations in and the US government has shown no leadership in this area. Put it down to a failed experiment with a new business model and expect companies to adapt or fail. I won't cry if Google and Facebook fail and go the way of the likes of Yahoo Search and My Space.

  11. Re: If it's an EU rule then why... by thegarbz · · Score: 2

    *THIS*. People lose sight of the fact that EU law doesn't apply outside the EU. Outside the EU includes companies that have no presence in the EU.

    That hysteria from some random mom and pop shop having their website visited by someone in the EU was just that: dumb hysteria. If you want to do actual business in the EU then comply with EU law. If you don't then you rightly have nothing to fear.

  12. Re: How France understands computer use by Freischutz · · Score: 4, Insightful

    Well that's easy then pull out of all EU countries and find out who begs who back first.

    Yeah, go back to California to sulk and leave a market of 500 million potential customers to your competitors that you have poured considerable efforts and money into making sure remain 3rd rate players with marginal market share so they won't threaten your monopoly. On what level does that seem like an intelligent plan to you? Google is about as likely to abandon the EU market as a pig is likely to voluntarily move out of a field of clover.

  13. Re: If it's an EU rule then why... by Mr.+Dollar+Ton · · Score: 2

    It means exactly what is says - that an IP address is not "personally identifiable information" (which, incidentally, is what the law says, too) except in very rare circumstances.

    What you describe (linking an IP address and the data that come from it) is nonsense, because even if you have some data that you can connect to a dynamic IP, you cannot be certain that a second connection over that IP will be by the same person based on the IP number only.

    Complaining about the GDPR without haven't even read the law produces a crock of badly written shit constructed by people who neither know nor care about what they're doing.

  14. Re: If it's an EU rule then why... by Mr.+Dollar+Ton · · Score: 2

    Theoretically, the EU can ask a foreign court to apply the fines if there are relevant treaties in place (the US does this quite often, sending extradition requests left and right, for example). In practice, yeah, it is irrelevant for practically everyone operating outside of the EU.

  15. Re:If it's an EU rule then why... by Cederic · · Score: 2

    It's always ACs posting bulllshit about GDPR and claiming its protectionism.

    This stinks of a disinformation campaign.

    GDPR applies to everybody. It does not target foreign countries.
    EU based companies are required to comply with data protection.
    EU based companies are prosecuted for failing to comply with data protection.
    US and other companies are also prosecuted for failing to comply with data protection.

    To avoid prosecution under this law stop fucking break it.
    To avoid prosecution for misusing consumer data, stop fucking abusing consumers.

    The EU has been doing kangaroo courts

    Where? When? Show us all where there's a fucking EU court that hasn't followed due process and has ruled against EU law.

    If you look at europa.eu and court verdicts, they never clean their own house.

    Nobody ever looks at europa.eu. As for court verdicts, most cases never even get to court. In the UK for instance, the ICO issues legally binding fines without needing to use courts, because the law is pretty fucking clear.

    If Google were a German company, it could sell what it felt like, and never see the scrutiny of officials.

    Given that Germany's first fine issued under GDPR was against a German company you're looking pretty fucking stupid.

    The EU is just doing a very simple tactic. Xenophobia.

    Consumer protection applied consistently across companies from anywhere on the planet - including the EU - is now xenophobia? Someone buy this cunt a dictionary.

    The GDPR is just a trade war tool, because few European companies deal in data control

    Almost every fucking European company deals in data control. Most businesses these days are IT companies with a sideline in manufacturing, retail or something less tangible.

    it is crafted explicitly as a bill of attainder, which in more civilized countries is illegal

    Just because your shitty business practices are made illegal by the law doesn't make it a bill of attainder. It only criminalises people that refuse to respect and protect the data they hold on others.

    Stop being a cunt and you wont be breaking the law. Simples.

  16. Re: If it's an EU rule then why... by thegarbz · · Score: 2

    Theoretically, the EU can ask a foreign court to apply the fines

    They can ask foreign courts a lot of things. In practice the only time this works is if courts determine if the fine is legitimate. In practice even the GDPR legislation recognises the difference between doing business in the EU and just having some random person visiting your site incidentally. I can directly buy something from someone outside the EU just fine and they still wouldn't necessarily need to comply with the GDPR.

  17. Re: How France understands computer use by IamTheRealMike · · Score: 2

    Pulling out doesn't mean blocking access to all EU IP addresses. It means shutting down EU subsidiaries, at most. ISPs would then have to decide whether to block google.com or not, but, good luck with that, given how many third party websites load things from Google servers.

    The idea that the EU market is so large the EU can pull whatever nonsense it likes is probably going to be tested severely in the coming years. It looks increasingly like a lawless place - GDPR is a classic example of a law that says nothing and everything simultaneously, in which enforcement is entirely political. But there are many other such laws. The idea that the EU is a fair and predictable place to do business is increasingly stressed, and there are plenty of ways to make money from people in it without needing to follow EU law, no more than everyone in Europe has to follow every aspecft of US law to sell products to it successfully.