2022 was a busy year for CNIL when it came to personal data!

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In 2022, the CNIL continued its checks and investigations into cookies and targeted advertising, issuing no less than 5 decisions on the subject, including 4 in December! The biggest fine of €60 million issued by the CNIL concerned Microsoft, whose breaches concerned cookies alone! Likewise, TikTok was fined €5 million solely for breaches relating to cookies.

For the record, the CNIL had indicated in its control plan that it would focus on commercial prospecting in 2022. It has not failed in its good resolutions, as 4 decisions have been published on this topic. The CNIL also focused on compliance with the obligation to inform individuals and exercise their rights, which were clearly insufficiently implemented by companies.

We also note that the authority always pays particular attention to websites and mobile applications.

These various points are generally easy for the CNIL to check, simply by visiting the company’s website or application.

It is therefore prudent to plan an audit of these elements to identify and correct any points of non-compliance, in order to limit the risk of sanctions by the CNIL and demonstrate the company’s seriousness in respecting privacy, particularly with regard to customer and user data.

Our teams can help you with these questions. Please do not hesitate to contact us.

Aurore BOIBESSOT/ IP Lawyer – Charlotte URMAN/Trademark Attorney