All news
Enforcement January 13, 2026 7 min

CNIL fines Free Mobile and Free 42 million euros: 24 million customer data breach

January 13, 2026 decision: violations of Art. 32 GDPR on data security and Art. 34 on notification to data subjects

TL;DR for the DPO

On January 13, 2026, the CNIL fined Free Mobile 27M and Free SAS 15M (total 42M EUR) for a 2024 data breach exposing 24 million subscribers. Charges: insufficient technical measures (Art. 32), incomplete communication to data subjects (Art. 34), excessive data retention. For Italian DPOs: data breach communication to subjects must include ALL Art. 34(2) information - it cannot be generic.

What happened

In October 2024, an attacker infiltrated the information system of Free Mobile and Free SAS, accessing the personal data of approximately 24 million subscribers. Exposed data included: first and last name, address, email address, phone number, date of birth, and for subscribers to both services also the IBAN.

The breach was the subject of over 2,500 complaints by data subjects to the CNIL. The Authority launched an inspection that revealed GDPR violations attributable to both companies, each as data controller for its own subscribers.

24M
Affected subscribers
2,500+
Complaints to CNIL
42MEUR
Total fine

Violations identified

The CNIL identified three distinct issues, each relevant to working DPOs:

  • Art. 32 GDPR violation: insufficiency of technical and organizational security measures. Operator passwords were not adequately protected, granular access controls on systems hosting sensitive data were missing
  • Art. 34 GDPR violation: communication to data subjects was sent by email, but the content did not include all the information required by paragraph 2 of the article: nature of the breach, personal data involved, possible consequences, measures taken or proposed to mitigate effects
  • Art. 5(1)(e) and Art. 5(2) GDPR violation: excessive retention of former subscriber data, beyond the period necessary for accounting purposes. Free Mobile had not implemented automatic purging procedures

The critical point for the DPO

Art. 34(2) GDPR specifies what data subject communication MUST contain: (a) plain language description of the nature of the breach, (b) DPO name, (c) description of likely consequences, (d) description of measures taken or proposed. A communication saying only 'your personal data has been exposed' is not enough. The CNIL fined exactly this shortcoming.

Comparison with similar EU cases

The Free Mobile/Free case is part of a broader EU trend of data security enforcement. In 6 months:

  • France: Free Mobile + Free 42M EUR (January 13, 2026)
  • France: France Travail 5M EUR (January 22, 2026) - Art. 32 violation on 43 million job seeker data
  • Italy: Intesa Sanpaolo 31.8M EUR (March 26, 2026) - late-handled data breach
  • Ireland: TikTok 530M EUR (May 1, 2025) - extra-EU data transfer

The common message from European DPAs: Art. 32 GDPR is not a suggestion. 'Security appropriate to the risk' must be documented, tested, and updated. It's not enough to have 'planned' controls that were never implemented in production.

What to do in the next 30 days if you're DPO of a large-volume client

  • Audit of access credentials to critical systems: password strength, rotation, MFA for privileged access
  • Verify data breach communication procedure: use the Art. 34(2) template as a checklist (4 mandatory points)
  • Test a simulated data breach exercise: time from identification to complete notification
  • Retention policy review: former customer data must be deleted at the end of the necessary period, not 'when we find the time'
  • Document the audit trail of these actions: in case of inspection, accountability is demonstrated with logs, not with good intentions

The 4 mandatory information items in the data breach communication to subjects

Art. 34(2) GDPR template

(1) Description of the nature of the breach (e.g., 'unauthorized access to a database containing your name, email, phone number'). (2) Name and contact of the DPO (e.g., 'dpo@ourcompany.com'). (3) Description of likely consequences (e.g., 'risk of phishing, aggressive telemarketing, possible fraudulent use of data'). (4) Description of measures taken or proposed (e.g., 'we have reset passwords, activated monitoring, and recommend that you...').

In DPO Workspace

In the client's Data Breach section, the subject communication module is structured around the 4 mandatory points of Art. 34(2): you cannot send the communication if fields are missing. This way you avoid Free Mobile's mistake.

Additional resources

  • CNIL Free Mobile decision (in French, DeepL translation recommended)
  • EDPB Guidelines 01/2021 on data breach notification examples
  • Italian DPA Decision 230/2021 on data breaches in Italy
Official source:CNIL Decision January 13, 2026 - Free Mobile and Free

Looking for a workspace for your DPO work?

DPO Workspace is built by a certified DPO. 30-day free trial.

Start free

Related articles

Enforcement
€16,7Mfor telemarketing and contracts activated without consent

Italian DPA fines Wind Tre €16.7 million: telemarketing despite objections and contracts activated without customers' knowledge

People who had objected kept receiving calls, and some contracts were activated without the person knowing. The Garante fines Wind Tre €16.7 million and restates a principle for every company with an agency network: responsibility is not outsourced along with sales.

Oct 12, 2026New 5 min
Enforcement
€350kto controller and processor over outdated systems

Greece: €350,000 for a data breach — both the Ministry and the processor running outdated systems fined, and there was no Article 28 contract

An attack on the systems of the agency running a Ministry's programmes exposed identification, financial and health data of a very large number of people. The Hellenic DPA fines the controller €200,000 and the processor €150,000: notifying well is not enough if the supplier works on outdated systems and the relationship is not governed by a contract.

Oct 08, 2026New 5 min
Enforcement
€4kfor a camera pointed at a home

Italian DPA fines the municipality of Arvier €4,000: a camera filmed a resident's windows and balconies, and the masking came too late

A small municipality in the Aosta Valley uses cameras for traffic, parking, number plates, the environment and civil protection. A resident finds that one covers her home. The Garante imposes a fine and makes a point that applies to every system: masking private areas is designed before the camera is switched on, not after the complaint.

Oct 08, 2026New 5 min