CNIL.
COMMISSION NATIONALE
INFORMATIQUE & LIBERTES
The President
Paris, on 0 9 AOUT 2019
Examination of the case:
No./Ref: MLD/JLI/KKR/XD/EMT/CM192211
Request n°19004571
(to be recalled in any future correspondence)
Dear Mr. President,
This is further to the exchanges that took place between the CNIL's services and the data
protection officer of your company in the framework of the examination of the complaint transmitted
to us by the Spanish data protection authority according to the provisions of Article 56.1 of the
General Data Protection Regulation (GDPR).
This complaint was lodged by who faced difficulties in exercising
his right to object to receive marketing emails from .
Those exchanges are leading me, in agreement with the others European data protection
authorities concerned by the processing carried out for the purpose of direct marketing, to proceed to
the closure of this complaint.
Indeed, you mentioned that initially agreed to receive the " "
newsletters when he asked for n October 4 and 7, 2 0 1 6 , and I have noted that you have taken
into account his request of objection by removing his data from your database.
Furthermore, your data protection officer mentioned that this complaint had highlighted an
internal dysfunction due to a programming anomaly affecting your Cloud Marketing
tool, implemented since October 2 0 1 8 .
This dysfunction prevented from « taking into account the unsubscribing request made by an
internet user within seven days after his initial subscription date to [your] newsletter »,
I have noted that this dysfunction has been corrected since March 29, 2019 and that any
unsubscribing request is now taken into account regardless of the initial subscription date.
---------------REPUBLIQUE FRANc;AISE---------------
3 P l a c e de Fontenoy, TSA 8 0 7 1 5 - 7 5 3 3 4 P A R I S C E D E X 07 - 0 1 53 73 22 22 - w w w . c n i l . f r
Les donnees personnel/es necessalres a l'accompllssement des missions de la CNIL sont traltees dans des flchlers destines a son usage exc/uslf.
Les personnes cancernees peuvent exercer leurs drolts lnformotlque et Llbertes en radressam au delegue a la protection des donnees (DPO) de la CNIL
via un formula/re en ligne cu par counter postal. Pour en savolr plus: www.cnll.fr/donnees-personnelles.
Finally, I have noticed that you are currently reviewing all the unsubscribing requests that you
have received within seven days or less after the initial subscription date, since the implementation of
your Cloud Marketing tool in October 2 0 1 8 until March 29, 2 0 1 9 , to make sure that all the
deletion requests from your database have been taken into account.
The CNIL reserves the right, in case of new complaints, to use all of the powers assigned to it
under the GDPR and the law of January 6th, 1 9 7 8 as amended.
Yours Sincerely.