Cookie legislation in France: 150 million euro fine requested against Shein before CNIL

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Shein. Credits: Unsplash.

Paris - On Thursday, the rapporteur of the French data protection authority (CNIL) requested a 150 million euro fine against the Asian fast fashion giant Shein for not complying with cookie legislation.

The rapporteur reproached this e-commerce heavyweight for "several breaches of its legal obligations" concerning cookies - the computer files used to track internet users' browsing and offer them targeted advertising. These breaches notably concern "user consent" and respect for this consent.

During an inspection carried out on August 10, 2023, the CNIL found that Shein's website published "advertising cookies without obtaining user consent". It also found instances where consent was obtained in a "misleading manner", the rapporteur explained.

"The cookie refusal mechanism was flawed: when users refused cookies, cookies subject to consent continued to be read," the rapporteur also indicated. They highlighted "the negligence shown by the company, which nevertheless has the human and technical resources to be compliant".

Contrary to the measures initially proposed, the rapporteur specified that they are not requesting "a penalty payment of 100,000 euros per day". This is because Shein has "recently" become compliant.

"Since August 2023, we have been actively collaborating with the CNIL to ensure our compliance and answer their questions," Shein stated to AFP in its press release. "Today's closed hearing is a step in this ongoing process," the company added.

Faced with the CNIL's "restricted committee", the body responsible for imposing sanctions when digital legislation infringements are observed, Shein's lawyer, Sonia Cissé, deplored a "completely disproportionate" amount.

The CNIL's decision is expected in the coming weeks, and the rapporteur has requested the "restricted committee" to make it public.

This article was translated to English using an AI tool.

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