The National Commission for Computing and Liberties (Cnil) has just cracked down on Microsoft. The Bing search engine, developed by the American firm, did not comply with French law on the management of cookies. Several shortcomings were identified during checks carried out between September 2020 and May 2021.
A proportionate fine
A fine of 60 million euros was pronounced against the European subsidiary of Microsoft based in Ireland. A decision announced publicly this Thursday, December 22.
The fine withheld against the American giant is justified by “the number of people concerned and by the benefits that the company derives from the advertising revenue indirectly generated from the data collected by the cookies“, explains the French policeman of personal data. This sum is to be put into perspective with regard to the profits made by the company. More than 198.27 billion dollars were generated in the fiscal year 2022, according to the company’s annual report. A fine which however constitutes the most important financial sanction decreed by the Cnil in 2022.
What does the CNIL reproach Bing for?
The CNIL has found flagrant irregularities in the management of search engine cookies. During a visit to the home page, without the user having given his consent, a cookie whose purpose is to fight against “advertising fraud” was placed on the browser. When the Internet user continued to browse the site, a second tracker was placed and used with “an advertising purpose“.”However, the law requires that this type of cookie be placed only after the user’s consent.“, recalls the Cnil in its decision.
At the same time, the Bing user was prompted by a banner to accept the use of cookies on the site. The refusal, on the other hand, was quite complicated to order, due to its design. “Two clicks were necessary to refuse all cookies, only one to accept them“, says the guarantor of individual freedoms. This device therefore amounted to “discourage users from refusing cookies and encourage them to favor the ease of the consent button appearing in the first window.“The Cnil judged that the option could carry”violation of the freedom of consent of Internet users.”
A more user-friendly interface for cookies was finally implemented on March 29, 2022, confirms the Commission.
A “injunction under penalty” pronounced by the CNIL
The fine imposed by the Cnil is accompanied by a “injunction under penalty“to bring the management of cookies on Bing into compliance. Microsoft has a period of three months from today to obtain the consent of French users before filing”cookies and tracers for advertising purposes“on their browser.”Otherwise, the company will be liable to pay a penalty payment of €60,000 per day of delay.“, specifies the authority.
Microsoft, interviewed by AFP, said it was concerned about “the CNIL’s position on advertising fraud“, and esteem”that it will harm the general public as well as French companies by contributing to the generalization of online fraud.“An allusion to the cookie used to fight against advertising fraud and deposited without the consent of the Internet user.
And the firm adds: “Even before this investigation began, we fully cooperated with the Cnil and introduced key changes to our cookie practices.”