Camaïeu Case Questions Use of Customers’ Personal Data

The Camaïeu brand stopped its activity a few months ago. Brand elements such as mannequins or even clothes are put up for auction. Data from Camaïeu’s customer files were supposed to be included in these auctions, but the brand finally changed its mind. Would selling this data be a GDPR violation? What does the law say? Let’s understand this event together.

GDPR

Camaïeu sells data from its customer files

A few months after the liquidation of the brand, Camaïeu put several items up for auction (clothes, models, domain names, etc.)

Problem: the brand is included in certain batches all customer personal data contained in their files. This data represents information from 3.8 million customers.

This announcement reacted quickly: is this sale legal? The CNIL (Commission Nationale de l’Informatique et des Libertés) published an article aiming to recall the rules surrounding this practice, without mentioning the Camaïeu case. But this announcement comes only a few days after Camaïeu’s decision, it is legitimate to think if the organization does not provide implicit brand response through this post.

What does the law say?

Since the announcement of Camaïeu, Not all data rights experts agree. For some this is illegal, for others the brand is perfectly within its rights. But what does the law say about selling personal data?

In the article published by the CNIL, we can read that selling a personal data file is not prohibited. But there are some rules to follow:

alone active customer data can be sold: a customer is considered active for 3 years after his last purchase from the brand.
How many customers object to the transmission of their personal data, the latter cannot be sold: customers have the option to refuse the use of their data. In this case, the sale of their data is prohibited.
Customers should inform : the brand must inform its customers of the sale of their data to another brand.
The brand should be able to handle it prove that customers agree : an electronic signature generally serves as an authorization to commercial use of its data.
The customer must can refuse commercial offers : at any time, customers can communicate their desire to no longer receive commercial offers and the company must stop the search.

Camaïeu therefore theoretically has the right to sell its clients’ files during this auction, provided that certain rules are respected.

Reminder: what is GDPR?

The General Data Protection Regulation (GDPR) is a European Union law regulation on data protection and privacy of all individuals within the European Union.

It is designed for comply with data privacy laws across Europe, to protect and empower the data privacy of all EU citizens and the legislate how organizations approach data privacy.

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The GDPR also deals with the export of personal data outside the EU.

Its main purpose give citizens and residents control over their personal data and to simplify the regulatory environment for international businesses through regulatory unification within the EU.

This regulation was introduced on May 25, 2018 and applies directly to each EU Member State without the need for national implementing legislation.

Before leaving

Camaïeu finally gave up on selling its client filesmuch to the chagrin of some companies, who saw this as an opportunity to expand their customer base without having to put in much effort…

If you want to learn more about GDPR compliance in your email campaigns, we advise you to read our article on the subject!

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