Hubside.Store has just been sanctioned by the CNIL for misuse of personal data without valid consent during cold calling. The fine is steep and amounts to 525,000 euros.
The National Commission for Information Technology and Liberties (CNIL) does not joke with the GDPR, with which it intends to comply, particularly on the use of AI. But it is on another aspect that it sanctioned Hubside.Store, a specialist in the repair, reconditioning and resale of electronic products, such as mobile phones or computers.
The company, established in 500 countries including France, is already in the crosshairs of the CNIL for its controversial sales methods. She will now have to face the consequences of her questionable telephone canvassing practices and initially, pay a fine of 525,000 euros.
Responsibilities and sanctions
During its cold calling operations, Hubside.Store did not allow people to be sufficiently informed, in violation of Article 14 of the General Data Protection Regulation (GDPR). The fine of 525,000 euros, which represents approximately 2% of the company’s turnover, was imposed in cooperation with the relevant European supervisory authorities (Belgium, Italy, Spain, Portugal). Indeed, Hubside.Store processes data from customers and prospects from several member states of the European Union.
The CNIL highlights the misleading nature of the forms. The buttons which result in the transmission of personal data for commercial prospecting purposes are highlighted (by their size, color, title and location), in relation to the hypertext links which allow you to participate in the game without accepting this transmission. As a result, users end up accepting.
The CNIL insists that it is the responsibility of Hubside.Store, as user of the data collected, to ensure that the persons concerned have expressed valid consent. Although the company imposed certain contractual requirements on its data providers upstream, there was no effective monitoring of these requirements downstream. The CNIL thus noted a significant proportion of non-compliant prospect files.
The right of individuals to information
The CNIL points out that commercial prospecting by telephone call may be based on the legitimate interest of the company, provided that the persons concerned are informed at the time of collection of their data that they may receive commercial prospecting offers from the company. part of this company.
The CNIL noted that the competition forms from which prospect data was collected did not systematically mention Hubside.Store in the list of partners likely to approach the people concerned. In addition, those contacted by telephone did not have all the necessary information on the collection and use of their personal data (for example, the identity and contact details of the organization, the purposes of using the data, the retention periods, the source of the data, their rights or even their possibility of submitting a complaint to the CNIL). It is indeed very important to know who collects what when it comes to personal data.
The CNIL declares that this information is essential to allow the persons concerned to exercise their rights, for example that of accessing their data, rectifying them or opposing subsequent requests in a simple and free manner. In March 2024, the security police also sanctioned the Foriou company for using its customers’ data without their prior consent.
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BlocTel is a free public service dedicated to protecting consumers against abusive telephone canvassing. Set up by the Directorate General for Competition, Consumer Affairs and Fraud Control (DGCCRF), this system allows individuals to register on a list opposing telephone canvassing to avoid unwanted calls.
BlocTel is a free public service dedicated to protecting consumers against abusive telephone canvassing. Set up by the Directorate General for Competition, Consumer Affairs and Fraud Control (DGCCRF), this system allows individuals to register on a list opposing telephone canvassing to avoid unwanted calls.
Sources: The CNIL, The world
Ex-corporate journalist, the world of the web, networks, connected machines and everything that is written on the Internet whets my appetite. From the latest TikTok trend to the most liked reels, I come from the Facebook generation that still fascinates the internal war between Mac and PC. As a wise woman, the Internet, its tools, practices and regulation are among my favorite hobbies (that, lineart, knitting and bad jokes). My motto: to try it is to adopt it, but in complete safety.
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