Google Ignores ECJ: Complaint Filed with French Data Protection Authority

Sept 23, 2022 Benn-Ibler Rechtsanwälte

noyb.eu has filed a complaint against Google with the French data protection authority (CNIL). Google has repeatedly used its email platform Gmail to send unsolicited advertising emails without valid consent of the users.

noyb (None of Your Business) is a data protection association founded by Max Schrems in 2017.

Google sends Gmail users unsolicited advertising messages packaged as emails directly to the user's inbox. When commercial emails are sent directly to users, they are classified as direct marketing emails regulated under the ePrivacy Regulation.

The sending of emails for the purpose of direct marketing requires user consent. According to the European Court of Justice (ECJ press release, 25.11.2021, C-102/20), the placement of advertising messages in someone's email inbox in a form similar to that of an actual email is a use of electric mail for the purposes of direct marketing. Users must voluntarily consent to advertisements being sent directly to their inbox. This has been ignored by Google.

The French data protection authority CNIL has already imposed a fine of EUR 150 million on Google for cookie violations in December 2021. The present complaint is based on the ePrivacy Directive and not on the General Data Protection Regulation, allowing the French authority (CNIL) to act directly and impose a fine on Google.

https://noyb.eu/en/gmail-creates-spam-emails-despite-cjeu-judgment (24 August 2022)