The French data protection authority ('CNIL') announced, on 1 October 2020, that it had adopted, on 17 September 2020, its amended guidelines on cookies ('the Amended Guidelines') and its final recommendations on cookies ('the Recommendations'), as well as publishing frequently asked questions ('the FAQs') and guidance on the evolution of rules on the same. In particular, CNIL noted that, in order to comply with the the Conseil d'Etat's decision which partially annulled CNIL's cookies guidelines of 4 July 2019, CNIL has now adopted the Amended Guidelines, repealing the previous guidelines of 4 July 2019 on cookies and other trackers. Moreover, CNIL stated that both the Amended Guidelines and
News
France: CNIL adopts final recommendations and amended guidelines on cookies and other trackers
October 1, 2020
Summary
The French data protection authority, CNIL, adopted amended guidelines and final recommendations on cookies and other trackers on 17 September 2020, following the Conseil d'Etat's partial annulment of previous guidelines. The Amended Guidelines clarify that cookie walls may undermine consent freedom and that clear affirmative action is required for user consent. They also stipulate that refusing trackers should be as easy as accepting them, and certain trackers are exempt from consent requirements. The Recommendations provide practical guidance for obtaining valid consent, in compliance with Article 82 of the French Data Processing Act and the GDPR. CNIL requires compliance with the ePrivacy Directive and GDPR by the end of March 2021.