CNIL’s guidance on cookies sets stricter consent requirements
Web publishers need to adapt their websites to France’s new rules. Ariane Mole and Juliette Terrioux of Bird & Bird explain.
On 4 July 2019, France’s Data Protection Authority (the “CNIL”) adopted new guidelines on cookies and similar technologies(1), which replaced the previous guidance published by the CNIL in 2013(2).
The major change concerns the means to obtain a valid consent from users. The consent of users can no longer result from their browsing on the website. Web publishers will now have to comply with stricter requirements for users’ consent.
These new guidelines also set other changes, the key elements of which are analysed below.