In this case, the TUTO4PC Company, which proposes the installation of free softwares, set up a system where the acceptance of the terms and conditions of use automatically resulted also in the acceptance of the downloading of the company’s search engine on the user’s terminal, the acceptance of targeted advertisements based on the tracking of the user’s connections, and the acceptance of the personal data being sold to third parties.

The CNIL considered that such process did not constitute a valid form of consent as the user was not in a position to give a free and specific consent, i.e. a consent distinct from the acceptance of the general conditions.

via French Conseil d’Etat rules that acceptance of ToU is not valid consent for receiving marketing e-mails.