Microsoft - 60 million euro penalty

Microsoft fined 60 million euros for non-compliance with GDPR

The CNIL (National Commission for Information Technology and Civil Liberties) is carrying out various checks on the "bing.com" website in 2020 and 2021, after receiving a complaint about the conditions under which cookies are deposited on this site. 

Given that Bing is a search engine developed by Microsoft, the CNIL (National Commission for Information Technology and Civil Liberties), the body responsible for imposing sanctions, has fined the American multinational 60 million euros, which has now been made public. 

When a user visited the "bing.com" website, advertising cookies were installed on his terminal without his consent. 

Violations of the Data Protection Act

According to the CNIL (National Commission for Information Technology and Civil Liberties), there had been two breaches of article 82 of the French Data Protection Act. 

Depositing cookies without the user's prior consent

Without any action on the part of the user, a cookie for various purposes is systematically installed on the terminal of each user who visits the "bing.com" site. 

What's more, as you continue browsing the "Bing" search engine, a second cookie with an advertising Purpose is installed. As with the first cookie, the second is also deposited without the user's prior consent. 

However, by law, this type of cookie cannot be deposited without the user's consent. 

The absence of a compliant means of gathering consent to the deposit of cookies

It should be noted that the law requires that a button be provided that allows cookies to be refused as easily as they can be accepted. In Microsoft's case, the search engine did allow cookies to be accepted. However, it did not immediately offer users the option to refuse them, meaning that two clicks were required to do so.