The CNIL punishes a company accused of spamming the French

This is undoubtedly information that Performeclic will not disseminate to Internet users: the company, accused of spamming the public, has just been fined by the CNIL for breach of the GDPR.

New Year’s Eve turns out badly for the French company Performeclic. This Thursday, December 31, 2020, the National Commission for Information Technology and Freedoms (CNIL) announces having pronounced a sanction against this company regularly accused of distributing spam to French Internet users, when they did not ask for anything. And to mark the occasion, the CNIL makes its decision public.

It must be said that Performeclic’s compliance with the General Data Protection Regulation (GDPR), in force since 2018, was very poor. Five breaches were identified following checks carried out by the supervisory authority in charge of protecting personal data. To this was added a sixth breach, this time concerning the Post and Electronic Communications Code.

Against unwanted emails, some email providers are very effective thanks to very fine filters. Others much less. // Source: Pixabay
  • No minimization of the data collected, with superfluous information which is kept by Performeclic;
  • Too long a data retention period (more than three years), which in addition is based on the simple opening of an email, without any other action by the Internet user (such as clicking on a link in the email);
  • An inability to specifically oppose the use of their data;
  • A lack of information with regard to people;
  • An absence of clauses governing the relations between Performeclic and its hosting provider;
  • And finally, consent from people that was not collected in a valid way and prior to sending emails.

A seemingly modest sanction

Unlike other financial sanctions that the CNIL has pronounced in the past, the sentence handed down appears very modest, since it is only a fine of 7,300 euros. However, the authority says it took into account the size and financial situation of Performeclic – it is a very small company with only two employees. The CNIL thus considers its sanction proportionate.

Performeclic, whose notoriety is hardly shining, since its name “regularly appears at the top of the ranking of companies emitting the most messages reported as” spam “by Internet users on French territory” now has every interest in complying as much as possible. quickly meet the requirements of the law. If the bar has not been rectified in two months, the CNIL has provided for a daily penalty of 1,000 euros.

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Source: Numerama by

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