[{"id":2170441,"pubDate":"Tue, 10 Jun 2025 09:51:20 +0200","titre":"The French SA fines SOLOCAL €900 000","description":"Background information Date of final decision: 15 May 2025 National case Controller:  SOLOCAL MARKETING SERVICES Legal Reference(s): Article 7 (Conditions for consent), Article 6 (Lawfulness of processing) Decision: administrative fine and an order to cease electronic commercial prospecting in the absence of valid consent, together with a penalty of €10 000 per day overdue after a period of 9 months Key words: administrative fine, consent,  unsolicited communication   Summary of the Decision Origin of the case   As the French Supervisory Authority (SA) made commercial prospecting a priority topic for investigations in 2022, it focused on the practices of professionals in the sector, particularly those who resell data, including the many intermediaries in this ecosystem known as data brokers. The French SA carried out investigations on SOLOCAL MARKETING SERVICES which got prospect data mainly from data brokers, publishers of game contests and product testing sites (these actors are the first links in the chain, the primary collectors, who are responsible for collecting prospect data). SOLOCAL MARKETING SERVICES used this data to operate commercial prospecting by SMS or e-mail to individuals concerned, on behalf of its advertiser customer. It may also pass on some of this data to its customers, so that they can carry out their own commercial prospecting by telephone or post. Key Findings  Failure to comply with the obligation to obtain the consent of individuals to receive commercial prospecting by electronic means (Article L.34-5 of the French Post and Electronic Communications Code): The restricted committee considered that the misleading appearance of the forms used by data brokers made it impossible to obtain free and unambiguous consent, in compliance with the requirements of the GDPR, which would have formed the basis for the prospecting operations carried out by the company. Failure to demonstrate that the data subject has consented to processing of his or her personal data (Article 7 of the GDPR): The company failed to provide the French SA with proof of consent from individuals whose data has been transferred to it by one of its main suppliers. As a result, the French SA was unable to examine the collection forms used by this supplier and, therefore, the validity of the consent of the data subjects.   Decision  Based on the findings of the inspection, the restricted committee – the French SA body responsible for issuing sanctions – considered that the company had failed to comply with obligations under the French Post and Electronic Communications Code (CPCE) and the General Data Protection Regulation (GDPR) regarding the collection and proof of consent.  It imposed on SOLOCAL MARKETING SERVICES:  a €900 000 fine which was made public; and an order to cease electronic commercial prospecting in the absence of valid consent, together with a penalty of €10 000 per day overdue after a period of 9 months.  The amount of this fine takes into account the very large number of people concerned (several million), the company's historical position on the market, the financial benefit derived from the breaches, and the measures taken by the company to comply with some of its obligations since the checks were carried out. For further information:  •  Courtiers en données : sanction de 900 000 euros à l’encontre de la société SOLOCAL MARKETING SERVICES (French) •  Data brokers: SOLOCAL MARKETING SERVICES fined €900,000  (English)","url":"https://www.edpb.europa.eu/news/news/2025/french-sa-fines-solocal-eu900-000_en","source":"EDPB News"},{"source":"EDPB News","url":"https://www.edpb.europa.eu/news/news/2025/french-sa-fines-solocal-900-000-eu_en","description":"Background information Date of final decision: 15 May 2025 National case Controller:  SOLOCAL MARKETING SERVICES Legal Reference(s): Article 7 (Conditions for consent), Article 6 (Lawfulness of processing) Decision: administrative fine and an order to cease electronic commercial prospecting in the absence of valid consent, together with a penalty of 10 000 € per day overdue after a period of 9 months Key words: administrative fine, consent,  unsolicited communication   Summary of the Decision Origin of the case   As the French Supervisory Authority (SA) made commercial prospecting a priority topic for investigations in 2022, it focused on the practices of professionals in the sector, particularly those who resell data, including the many intermediaries in this ecosystem known as data brokers. The French SA carried out investigations on SOLOCAL MARKETING SERVICES which got prospect data mainly from data brokers, publishers of game contests and product testing sites (these actors are the first links in the chain, the primary collectors, who are responsible for collecting prospect data). SOLOCAL MARKETING SERVICES used this data to operate commercial prospecting by SMS or e-mail to individuals concerned, on behalf of its advertiser customer. It may also pass on some of this data to its customers, so that they can carry out their own commercial prospecting by telephone or post. Key Findings  Failure to comply with the obligation to obtain the consent of individuals to receive commercial prospecting by electronic means (Article L.34-5 of the French Post and Electronic Communications Code): The restricted committee considered that the misleading appearance of the forms used by data brokers made it impossible to obtain free and unambiguous consent, in compliance with the requirements of the GDPR, which would have formed the basis for the prospecting operations carried out by the company. Failure to demonstrate that the data subject has consented to processing of his or her personal data (Article 7 of the GDPR): The company failed to provide the French SA with proof of consent from individuals whose data has been transferred to it by one of its main suppliers. As a result, the French SA was unable to examine the collection forms used by this supplier and, therefore, the validity of the consent of the data subjects.   Decision  Based on the findings of the inspection, the restricted committee – the French SA body responsible for issuing sanctions – considered that the company had failed to comply with obligations under the French Post and Electronic Communications Code (CPCE) and the General Data Protection Regulation (GDPR) regarding the collection and proof of consent.  It imposed on SOLOCAL MARKETING SERVICES:  a 900 000 € fine which was made public; and an order to cease electronic commercial prospecting in the absence of valid consent, together with a penalty of 10 000 € per day overdue after a period of 9 months.  The amount of this fine takes into account the very large number of people concerned (several million), the company's historical position on the market, the financial benefit derived from the breaches, and the measures taken by the company to comply with some of its obligations since the checks were carried out. For further information:  •   Courtiers en données : sanction de 900 000 euros à l’encontre de la société SOLOCAL MARKETING SERVICES (French) •   Data brokers: SOLOCAL MARKETING SERVICES fined €900,000  (English)","titre":"The French SA fines SOLOCAL 900 000 €","id":2130472,"pubDate":"Wed, 21 May 2025 15:52:14 +0200"},{"source":"ANJ","url":"http://anj.fr/uefa-european-football-championship-and-sports-betting-french-gambling-authority-anj","description":"UEFA European Football Championship and sports betting: the French Gambling Authority (ANJ) gathers operators and announces a dynamic and structuring action plan admin lun 13/09/2021 - 16:45 On 20 July 2021, the French Gambling Authority (ANJ) gathered sports betting’s operators in order to make the overview of the European Football Championship that has been scarred by some abuses. Resulting from a constructive exchange, these operators have agreed on the necessity to proceed at a rebalancing of their practices in order to preserve the recreational model of the French gambling market. As such, the ANJ introduced an action plan that seeks to reinforce operators’ compliance, to adapt and complete existing tools and, where required, to use sanctioning procedures. English Questionable practices highlighted during the European Football Championship UEFA European Football Championship 2021 confirmed the growing place of sports bets in France with EUR 434 million of online stakes. The French team matches have aroused a strong popularity by totalling EUR 88 million of online bets, which means an average of EUR 22 million per match. This competition has underlined the existence of questionable practices around sports betting, such as the media hype, the targeting of young people or the excessive stimulation of the game. For the first time, the public debate has seized this very subject and has relayed serious concerns coming from various circles. According to a Harris Interactive inquiry* conducted for the ANJ during the European Football Championship, more than half of those who had seen sports betting ads feel that they are too many of them and close to eight out of ten French people who had seen these ads consider that they can contain a risk of addiction. *Inquiry conducted by Harris Interactive online from the 6 to the 8 July 2021 for the ANJ with a cross section of 1038 French population aged over 18 years old. The ANJ has brought gambling operators together in order to learn from the European Football Championship After having drew the attention of operators on several critical points since June, the ANJ has gathered them on the 20 July in order to do the review of the European Football Championship and to address them the following messages: A yellow line has been crossed in terms of advertising pressure during this competition, which leads to question the model of regulation in place for the past 10 years; it is important to drastically and immediately reduce the sports betting’s advertising pressure. The commercial communications targeting young adults and keeping the illusion of easy money are particularly problematic. As a result of these discussions, which took place in a constructive atmosphere, gambling operators have decided that they collectively share the concerns expressed by the regulator and are prepared to work alongside it in order to propose some improvements and to limit these commercial communications. The ANJ establish an action plan for games offer to remain recreational and well-balanced Given the shared objective of recovery practices between regulator and operators, the ANJ has announced the launch of 5 projects to fight the observed abuses and to clarify or complete the legal framework. These projects should be over by the end of the year. Regarding advertisement: The ANJ has asked operators for a mid-term review of implementation of their promotional strategies as approved by the ANJ’s Board in January 2021 and reserves the right, after examination of these reviews, to initiate sanctions procedures in the event of noncompliance. The ANJ will launch a consultation of stakeholders on advertising in September. This will allow the ANJ to address recommendations to these stakeholders, and if necessary, to propose new tools of intervention. A partnership is initiated with the ARPP (Self-Regulatory Body of Advertising Professionals) in order to decline regulatory restrictions into concrete recommendations for operators. The objective is to issue precise and operational","titre":"UEFA European Football Championship and sports betting: the French Gambling Authority (ANJ) gathers operators and announces a dynamic and structuring action plan","id":719780,"pubDate":"Sun, 28 May 2023 19:23:47 +0200"}]