Bad surprise for Uber. After three long years of proceedings, the VTC company was fined by the CNIL and its Dutch counterpart for failure to provide information to its drivers.
It took 43 months and a referral to the Dutch data protection authority, but French Uber drivers obtained an important victory. After a complaint filed with the CNIL via the Human Rights League (LDH) in 2020, the company received a fine of 10 million euros.for several failures to inform drivers“.
Uber jealously guards data
Led by more than 170 drivers and the LDH, this battle sought to prove that Uber did not comply with GDPR rules by locking driver data behind a “an obstacle course, labyrinthine and deliberately dissuasive“. Worse still, according to the complaint at the time, the data, difficult to obtain, “are unintelligible to a person who does not have advanced computer skills and [….] in English. »
Filed before the French CNIL, the case was transferred to the Dutch data policeman, Uber having its main establishment in the Netherlands. After a long investigation, to which the French CNIL “cooperated closely“, the Dutch authority therefore found Uber guilty of 4 “breaches“.
The company would in fact not have returned “sufficiently accessible the online form for exercising rights» and provided, on the subjects of extra-European data transfers and data retention period, “incomplete information in their privacy statement.» The absence of explicit mention of data portability as well as the refusal to transmit “the data requested within the framework of the right of access in an accessible format» were also retained as reprehensible points in the eyes of articles 12 and 13 of the GDPR.
A fine not too steep
“This sanction decision makes it possible to reaffirm the importance of the obligation of transparency of information and the need to ensure the exercise of the rights of the persons concerned.», welcomed the CNIL.
This conviction follows a similar one dating from 2018, in which Uber received a fine of 400,000 euros for having “insufficiently secure user data“. It should be noted that breaches of the GDPR can result in fines of up to 4% of global turnover. In 2022, Uber declared almost 32 billion turnover, the company is therefore doing well with a fine of “only” 10 million euros.
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Uber – Request a ride is an application from the Uber Technologies Inc group, offering an alternative service to public transport or the use of a personal vehicle. Its simple interface and fast, quality service have undoubtedly contributed to strengthening its dominance in the on-demand private transport market.
Source : Cnil
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