5 million euros. This is the amount of the fine imposed by the Cnil on TikTok because of its cookie policy.
This is a first for TikTok in France: the social network, very popular with young Internet users because of its short videos which are consumed on the channel, has been fined 5 million euros. It was the National Commission for Computing and Liberties (Cnil) which made its decision public, in an announcement made on January 12, 2023.
Several offenses have been noted by the body responsible for monitoring the compliance of companies with the rules governing the use of personal data. These checks carried out online did not relate specifically to the TikTok mobile application, but to its website. Indeed, you can also watch videos from a browser.
TikTok influences internet users to accept cookies
The heart of the problem concerns the way in which TikTok “negotiates” the right to deposit cookies on the terminal of Internet users visiting it, such as the PC. Cookies are connection witnesses: these small files are used for various tasks, including advertising and online tracking to know what the Internet user is doing. However, rules govern their use.
This is a relatively large sum retained by the Cnil, but the body wishes to point out that TikTok is a very widespread service today (its weight on the French Internet is increasing) and that, moreover, it is frequented by a myriad of miners. However, the youngest do not have enough hindsight to know what the acceptance of cookies entails.
In addition, the Cnil also points out that it has been communicating for a few years now on a simple rule: refusing cookies must be as easy as accepting them. This policy has been active for a while and it is no longer possible to hide behind any ignorance of the rule. She has nothing new today.
During checks, the CNIL noted that TikTok “ did offer a button to immediately accept cookies “. On the other hand, the company did not implement an equivalent solution (button or other) to allow the Internet user to refuse their deposit so easily. Several clicks were necessary to refuse all cookies, against only one to accept them. »
For the Cnil, this discrepancy stemmed from a clear desire ” to discourage users from refusing cookies and to encourage them to favor the ease of the Accept all button “. Except that by doing this, TikTok was infringing on the freedom of consent of Internet users, which is a pillar of the General Data Protection Regulation (GDPR).