12 October 2023
Background information
- Date of decision: 12 October 2023
- Cross-border case or national case: National case
- Legal references: Article 12 (Transparent information, communication and modalities for the exercise of the rights of the data subject), Article 13 (Information to be provided where personal data are collected from the data subject), Article 14 (Information to be provided where personal data have not been obtained from the data subject), Article 15 (Right to access by the data subject), Article 21 (Right to object), Article 28 (Processor), Article 32 (Security of processing), Article 33 (Notification of a personal data breach to the supervisory authority)
- Decision: Administrative fine
- Key words: Right to be informed, Exercise of data subject rights, Media, Processor, Data security
Summary of the Decision
Origin of the case
The CNIL has received a number of complaints concerning difficulties encountered by individuals in having their rights taken into account by GROUPE CANAL+, publisher of channels and distributor of pay-television offers.
Key Findings
The French SA has found several breaches of the GDPR:
- Failure to comply with the obligation to obtain consent from individuals to receive commercial prospecting by electronic means (Articles L. 34-5 of the French Post and Electronic Communications Code (CPCE) and 7 of the GDPR)
- Failure to provide information (Articles 13 and 14 of the GDPR) and to respect the exercise of rights (Articles 12 and 15 of the GDPR)
- Failure to provide a contractual framework for processing carried out by a processor (Article 28.3 of the RGPD)
- Failure to ensure the security of personal data (Article 32 of the GDPR).
- Failure to comply with the obligation to notify the CNIL of a data breach (Article 33 of the GDPR).
Decision
The French SA imposed a fine of EUR 600,000 euros on GROUPE CANAL+.
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The news published here does not constitute official EDPB communication, nor an EDPB endorsement. This news item was originally published by the national supervisory authority and was published here at the request of the SA for information purposes. Any questions regarding this news item should be directed to the supervisory authority concerned.