CNIL Update: Latest Cookie Guidance and How to Comply

On October 1, 2020, the French data protection authority (CNIL) announced that it had adopted its amended guidelines and final recommendations on cookies. The CNIL stated that both the amended guidelines and the recommendations are intended to allow operators in the advertising sector and internet users to have more control over the use of online trackers. 

Start implementing the CNIL’s recommendations for your cookie banner today with CookiePro!  Sign up to get up and running with the tools and support needed to help get your cookie banner updated based on the CNIL’s latest guidance – well ahead of the April 2021 enforcement deadline.

We’re offering a fast-track program solely for the CNIL cookie guidelines. This includes a simplified setup experience, resources about CNIL best practices, a pre-configured cookie banner and preference center, and 24-hour support. 

An Overview of Guidelines and Recommendations

While the CNIL continues its enforcement of their previous cookie recommendations, beginning April 2021 it will begin enforcement against non-compliant organizations under its new, revised guidance.  

The CNIL highlighted the following principles and recommendations: 

• Continued browsing with the cookie banner can no longer be considered a valid form of user’s consent, and consent validity requires a clear positive action  
• The “Reject All” button is recommended to be on the cookie banner’s first layer
• Each cookie purpose must be highlighted prominently on the first layer of the cookie banner
• Users should always have easy access to manage their cookie preferences and withdraw their consent at any time, and companies should implement this through a static cookie icon as a best practice 
• Cookie walls, which is the practice of blocking content for users who have not yet consented to the use of cookies, are likely to undermine the freedom of users to consent; therefore, while CNIL does not ban cookie walls, it highlights that the lawfulness of cookie walls must be assessed on a case-by-case basis
• Users should have access to an up-to-date and structured list of third parties
• Organizations that drop the cookie are also responsible for collecting a valid proof of consent – even towards third parties
• Some trackers can be exempt from consent, including authentication cookies, audience measurement cookies, or cookies used to limit the access to free content on a website 

For an in-depth overview of the CNIL’s guidance and recommendations, watch this video by OneTrust DataGuidance, the world’s most in-depth and up-to-date privacy and security regulatory research platform powered by more than two decades of global privacy law research.

How CookiePro Helps

The CookiePro CNIL Cookie Banner Fast Track Program is here to help you implement your cookie banner based on this updated guidance – well ahead of the April 2021 enforcement deadline. This program offers organizations same-day support and resources to help implement cookie banners in line with the CNIL’s latest guidance before the enforcement deadline to avoid facing the increased enforcement action. 

CookiePro’s CNIL Cookie Banner Fast Track Program includes the resources needed to kickstart compliance, including: 

• First month free with the enterprise edition using the code CNILCOOKIES
• Step-by-step implementation guides and a range of resources detailing CNIL best practices 
• Pre-configured cookie banner and preference center templates 
• CookiePro Autoblocking^TM and third-party tag management systems integrations
• 24/7 support with both implementation and ongoing maintenance to keep your compliance on the fast track 

CookiePro is constantly monitoring new global guides and best practices and will continue to keep you updated on the latest news.

• Scan your website to identify and categorize cookies and tracking technologies on your website
• Display a location-based cookie consent banner that auto-blocks cookies until the visitor opts-in or out of your cookie policy
• Automatically generate a detailed list of cookies, categories, and descriptions in dynamic Cookie-List based on your latest website scan
• Tailor your consent banner to match your company’s brand including display, color, content, and language
• Customize your consent approach from notice only, opt-out, implied, opt-in or customize your own
• Build a centrally located, historical consent database to demonstrate compliance to regulators and auditors
• Once the disclosure is embedded on your website, you can easily update the content from the CookiePro interface at any time.