Fnac Darty Fined 7 Million Euros for Tracking Without Consent
Key Facts
France’s National Commission on Informatics and Liberty (CNIL) imposed a total fine of 7 million euros on Fnac Darty Participations et Services and Fnac Direct over violations involving cookies and tracking through the app. The authority said one tracking tool collected users’ browsing histories without their consent. The company used those histories to recommend products to users and train algorithms, according to the authority’s decision. The cookie-related violation was based on Article 82 of France’s Data Protection Act. The penalty puts user consent to tracking at the center of the case, with the authority linking the collection of browsing data to its use in the company’s commercial and technical functions.
According to the authority, the action went beyond imposing a fine and included an order requiring the companies to prove they have proper consent mechanisms within one month of the decision. The order sets a deadline to address the failure identified by the authority in how user consent was obtained before the tracker was activated. Non-compliance also carries daily fines, according to the authority’s statement, making compliance with consent requirements a direct part of the companies’ regulatory obligations. The scope of the case, as described by CNIL, covers cookies and tracking through the app. The announced violation centers on collecting browsing histories without consent, not on the use of specific identifiers.
The case comes as Fnac Darty reported an improvement in like-for-like revenue in 2026. The company said revenue rose 1.8% in the third quarter, while growth reached 1.1% in the first nine months of the year. It also said the gross margin rate increased by 40 basis points in the first nine months. These figures provide context on the company’s commercial performance around the time the authority issued its decision, but do not link the fine to revenue or margin results. The company also confirmed its 2026 outlook in its half-year results published in July, and its chief executive said it remained committed to that outlook.
The fine also adds to a broader record of CNIL action involving cookies and consent. In 2025, the authority recorded an administrative fine of 325 million euros in a case involving a company that provides multiple online services, accompanied by an order. In another case involving an online seller of clothing, shoes and accessories, the fine was 150 million euros. The authority classified both cases as violations involving information and consent for cookies. These cases show that enforcement of consent rules has covered companies in different sectors, while the Fnac Darty case involves using browsing histories to recommend products and train algorithms.
A parallel development of interest to the company and its shareholders is the takeover offer launched by EP Group. Fnac Darty set November 9, 2026, as the closing date for the offer period, according to a company disclosure. The date follows the company’s confirmation of its annual outlook and comes as its data showed like-for-like revenue growth in the third quarter and the first nine months. The company’s disclosures did not link the offer timetable to the CNIL decision or the fine. The November 9 close of the offer period remains the next dated development in the company’s disclosures on the deal.