The “cookie walls” guide repealed in France


In a press release, the CNIL declared: “The Council of State considered that by deducing this general prohibition from the GDPR, the CNIL had gone beyond what was legally possible with guidelines, which are an instrument of »Soft law«.The Commission must take note of the decision of the Council of State and must comply with it strictly. The guidelines will be adapted to the strict extent necessary to draw the consequences of the decision of the Council of State.

Cookies are small text files that record the online activity of Internet users. The use of “cookie walls” has been controversial and has drawn in-depth scrutiny, as a number of data protection authorities across Europe have published various guidelines on the subject, including in the UK. United and more recently in Ireland.

Binelli said that although the State Council approved most of the CNIL’s guidelines on cookies, there was another aspect of the guide that it had challenged.

“The guidelines have also been criticized for creating an obligation for online service providers to ensure that each internet user is able to” provide independent and specific consent for each separate purpose “behind their use of cookies”, a said Binelli. “This principle is also mentioned in the Data Protection Act. However, this requirement represents a heavy obligation, both in terms of presentation and user-friendliness, for a data controller who wishes to place cookies or other trackers. ”

“On this point, the Council of State specifies that this requirement implies that, when consent is given globally, it must be preceded by information specific to each of the purposes. The disputed passage of the guidelines only reiterates this requirement, without imposing on the CNIL indicated that it would address this point in a new recommendation to be issued after September of this year, the Council of State demanding that this recommendation not is only published after public consultation, “she said.


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