Free delivery costs for African-American restaurants: is such a measure possible in France?

While many American companies have expressed their support for the movement denouncing police violence against the black community in the United States, it is Uber Eats' turn to take action. The meal delivery platform announced on Twitter on June 4 that delivery charges would be free for orders placed at restaurants run by people belonging to the African-American community.

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“You asked us how to find restaurants run by African Americans on Uber Eats. We heard you , " the company said solemnly, adding, " You can support and order from restaurants run by African Americans across the United States and Canada and receive free delivery . " Establishments whose list scrolls in the video accompanying the tweet and which is available on the application.

"Uber is mobilizing in solidarity with the black community and the peaceful demonstrations against injustice and racism that have plagued our nation for too long," tweeted Uber CEO Dara Khosrowshahi, announcing that the American giant was going donate $ 1 million to the Equal Justice Initiative and Think Tank Policing Equity, both committed to the fight against police drifts.

Uber Eats thus shows its support for the demonstrators who shout their anger in the streets of the United States since the death of the young black American George Floyd, last May 25 in Minneapolis, during his arrest.

Data protection conflict

An honorable gesture for the moment reserved in the United States and Canada but which is unlikely to be applied in France, according to Maxime Tessier, criminal lawyer in Rennes: "The first thing we could oppose them is is the way they define the restaurants concerned ” . "There is a real problem of feasibility because this process implies that Uber Eats registers on a database its partners according to their skin color" , adds Maître Tessier. If the company reproduces this offer in France, it would conflict with the general data protection regulations (GDPR).

Article 51 indicates that “personal data which are, by nature, particularly sensitive from the point of view of fundamental rights and freedoms deserve specific protection, since the context in which they are processed could entail significant risks for these freedoms and rights. This personal data should include personal data which reveals racial or ethnic origin, it being understood that the use of the term 'racial origin' in this Regulation does not imply that the Union adheres to theories tending to establish the existence of distinct human races ” . Thus, although it is a decision aimed at favoring the persons concerned, the fact remains that they would be identified by personal data such as their skin color.

No discrimination according to the penal code

When it comes to possible charges of discrimination, the lawyer is more restrained. Article 225-1 defines several cases of discrimination, among which: “refuse the supply of a good or service, hinder the normal exercise of any economic activity, refuse to hire, sanction or dismiss a person " , Or " subject the supply of goods or services to a condition based on one of the elements referred to in article 225-1 " . However, none of the cases set out in the article of the Criminal Code would apply if Uber Eats were to apply its offer in France, according to Maître Tessier. However, it is very likely that this would give rise to many debates in France.