6 million Euro fine against FNAC DARTY PARTICIPATIONS ET SERVICES
Mobile tracking without consent for product recommendations.

The French data protection authority, CNIL, imposed fines of 6,000,000 EUR and 1,000,000 EUR, respectively, on the companies FNAC DARTY PARTICIPATIONS ET SERVICES and FNAC DIRECT, for a total of 7,000,000 EUR. This action was triggered by a complaint filed by the organization NOYB in September 2023. An audit of the FNAC app in March 2024 revealed that information was being read from and written to users’ devices even though they had selected “Continuer sans accepter” in the consent banner. The data was used to personalize product recommendations and to train a recommendation algorithm, and therefore required prior consent. In determining the fine, the CNIL took into account the group’s revenue of over 10 billion EUR. It also ordered the company to remedy the situation within one month, with a penalty of 10,000 EUR per day in the event of a delay.