Record Fine for Orange Over Unsolicited Advertising Emails

On Tuesday, Orange was fined 50 million euros by the Cnil for sending advertisements without prior consent. What will be the consequences of this hefty fine for the company?

A Hefty Fine for Orange

The French National Commission on Informatics and Liberty (Cnil) has imposed a hefty fine on Orange, penalizing the telecom giant with a €50 million fine for incorporating unsolicited advertisements into its email service.

A Warning to All

This decision serves as a “warning” to all operators, stated Louis Dutheillet de Lamothe, Secretary-General of the Cnil. He explained that the internet service provider was using its email service to sneak advertisements that appeared as regular emails among genuine messages.

The Cnil found this practice to be in violation of the Electronic Communications and Postal Code (CPCE), equating the insertion of ads into emails without user consent to “direct advertising solicitation.”

Massive Impact

Over 7.8 million users were affected by these unwanted ads. The regulatory authority also noted an unspecified “financial benefit” for the company. The Cnil took into account that this violation was profitable, explained Mr. Dutheillet de Lamothe.

Another Pending Sanction

Beyond this fine, Orange has also been formally notified regarding its management of third-party cookies. These cookies, which track a user’s internet journey, were still being sent to Orange’s messaging service even after users withdrew consent.

“What the Cnil and regulations demand is that no further information be sent,” emphasized Mr. Dutheillet de Lamothe. Orange has three months to comply, facing a daily fine of €100,000 for each day of delay.