Personal data: Uber receives a fine of 290 million euros…

This is a victory for the lawyer who specializes in digital IP / IT Jérôme Giusti. on the LinkedIn professional networkwelcomes the decision of the Dutch data protection authority (DPA) which criticizes Uber for its “Register well” for 290 million euros. The Silicon Valley company is accused of transferring millions of personal data belonging to drivers outside the European Union without any guarantee of confidentiality.

For more than two years, between August 6, 2021 and November 21, 2023, Uber sent taxi account and license information, location data, photos, payment information, documents to its US headquarters, and sometimes criminal and medical data of drivers

If the GDPR in Europe protects the personal data – and therefore the fundamental rights – of citizens, it is different outside the European Union. “Imagine governments that can take advantage of data at scale”explains Aleid Wolfsen, president of the Dutch APD. The gap in the European level of protection with the rest of the world forces companies “to take additional measures if they store European personal data outside the European Union. According to the investigation of the authority in collaboration with the CNIL, “Uber has not met GDPR requirements to ensure a level of data protection during the transfer to the United States. It’s very bad”.

Less than one percent of global turnover

The complaint was submitted to the CNIL four years ago by the INV-FO union, the Human Rights League and 170 drivers. As a result of the cooperation procedures between authorities established by the GDPR, the investigation was handed over to the Dutch authority. The Dutch GDPR police worked hand in hand with its French counterpart under the one-stop shop approach.

The Dutch authority did not go so far as to impose a fine equal to 4% of the annual global turnover of the platform as it is allowed to do. The 290 million corresponds to less than one percent of Uber’s global turnover of approximately 34.5 billion euros in 2023. This represents 29 times more than the 10 million ordered to pay Uber on December 11, 2023, celebrating Jérôme Giusti. This time, it was the duty of transparency of information and guaranteeing the exercise of the rights of people who were violated.

According to a press release, Uber plans to contest the fine. The company is still awaiting the outcome of a third complaint regarding the automatic disconnection of 170 VTC drivers.

Ann-Laure Blouin