Desafíos actuales de la Inteligencia Artificial

Enforcing AI regulation in France: a legal framework beyond the AI act 65 Table 1: CNIL decisions sanctioning entities intensively using AI systems (2018-2024) Date Domain Entity Fine 04/04/2024 Data brokerage Hubside.store €525,000 31/01/2024 Data brokerage Foriou €310,000 29/12/2023 Data brokerage Tagadamedia €75,000 29/12/2023 Personalised advertising Yahoo €10 million 29/12/2023 Personalised advertising NS Cards €105,000 15/06/2023 Personalised advertising Criteo €40 million 08/06/2023 Personalised advertising KG COM €150,000 11/05/2023 Personalised advertising Doctissimo €380,000 17/04/2023 Facial recognition Clearview AI €5.2 million 29/12/2022 Personalised advertising Voodoo €3 million 29/12/2022 Personalised advertising TikTok €5 million 29/12/2022 Personalised advertising Apple €8 million 19/12/2022 Personalised advertising Microsoft €60 million 17/10/2022 Facial recognition Clearview AI €20 million 31/12/2021 Personalised advertising Facebook €60 million 31/12/2021 Personalised advertising Google €150 million 27/07/2021 Personalised advertising Le Figaro €50,000 07/12/2020 Personalised advertising Amazon €35 million 07/12/2020 Personalised advertising Google €100 million 18/11/2020 Personalised advertising Carrefour €3.05 million 21/01/2019 Personalised advertising Google €50 million 19/12/2018 Data security Uber €400,000 24/07/2018 Data security Dailymotion €50,000 Source: CNIL As this overview shows, the CNIL has indeed given priority to enforcing the GDPR with regards to personalised advertising, which heavily relies on AI systems to operate. For instance, for a number of years, the CNIL has prioritised investigations related to cookies and dark patterns. 40 In its administrative practice, the authority has relied on the latest research, also based on findings in computer science. In 2020, an empirical study showed that so-called “cookie 40 Dark patterns are deceptive designs of user interfaces leading users to accept things they would not otherwise have agreed to, such as the placing of cookies on their devices for personalised advertising purposes.