French Data Authority CNIL Issues Guidance On Credit Card Data

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The French Data Protection Authority, CNIL, issues guidance on credit card data in remote transactions:

  • Merchants who collect credit card detail to facilitate a transaction, need the consent of their customers to keep their bank details beyond such transaction, to facilitate their subsequent purchases.
  • This consent is not presumed and must take the form of an unambiguous act of will, for example by means of a checkbox (not pre-checked by default).
  • The acceptance of the general conditions of use or sale is not considered as a sufficient mechanism of the collection of the consent of the persons.
  • The e-merchant should integrate directly into the merchant site a simple way to withdraw, without charge, the consent given.
  • The credit card data can also be used in the fight against payment card fraud.
  • Merchants can rely on their legitimate interest to keep the credit card data of those of their customers who subscribe to a subscription in order to benefit, free or not, of additional services to facilitate their purchases.
  • When doing so merchants must (1) disclose retaining this data, (2) allow an opt out, (3) allow deletion and (4) implement appropriate security measures.

Details from CNIL.

[View source.]

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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