France’s data protection authority has fined electronics retailer Fnac Darty €7 million for using a third-party tracker in its mobile app without users’ consent. The case began with a complaint filed in 2023 by privacy group noyb, which alleged that the app shared personal data with third parties as soon as it was opened, without giving users a meaningful choice. The complaint formed part of a wider set of cases concerning tracking in three apps, including those for real estate service SeLoger and fitness platform MyFitnessPal.
After opening an investigation in March 2024, the authority confirmed that Fnac Darty’s tracker collected users’ browsing histories. The retailer used that information to recommend products and train its recommendation algorithm, while broader tracking practices could support user profiling and personalized marketing. The authority concluded that processing personal data for targeted advertising requires consent and that Fnac Darty had not obtained it. The €7 million penalty reflects the failure to meet that legal obligation; the retailer also faces a daily €10,000 penalty if it does not comply with the decision. Fnac Darty operates in several European countries, including Spain, Italy, Portugal and Belgium, making the ruling relevant beyond France.
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