Closure of the injunction issued against TAGADAMEDIA

Background

As part of its priority topic of investigation on commercial prospecting in 2022, the CNIL focused on the practices of professionals in the sector, particularly those who resell data, including data brokers.

The CNIL decided to initiate investigations against TAGADAMEDIA, which mainly operates online competition websites and product testing websites, through which it collects data from prospects.

In December 2023, the restricted committee – the CNIL body responsible for issuing sanctions – had issued a fine of 75,000 euros against TAGADAMEDIA and decided to make its decision public. It had also ordered the company to implement an GDPR-compliant prospect data collection form on the sites it publishes, enabling valid consent to the transmission of data to its partners for commercial prospecting purposes.

The company was therefore required to produce a new form within one month of notification of the decision, subject to a penalty of 1,000 euros per day overdue.

Closing of the injunction

In response to this injunction, the company proposed several forms. The restricted committee noted that these new forms enabled free, specific, informed and unambiguous consent to be obtained and therefore decided not to demand payment of the additional fine referred to above.

It considered that, overall, the interface as well as the buttons' identical titles, sizes, colors and fonts did not particularly emphasize the option allowing to accept partner offers, compared to the option allowing to object.

Moreover, the explanatory text on each form enabled awareness of the consequences of clicking on each button.