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France: CNIL issues guidelines on chatbots' data protection rules compliance
The French data protection authority ('CNIL') issued, on 19 February 2021, guidelines on using chatbots in compliance with data protection requirements. In particular, CNIL highlighted that, in the process of chatbots providing targeted information, processing of personal data takes place regardless of whether the user of the website and the chatbot service has an account on the said website. More specifically, CNIL's guidelines address, among others, cookie requirements, automated decision-making, and the collection of special categories of personal data.
With respect to cookies, CNIL noted that the operator may place a cookie before activating the chatbot after having obtained user consent or that the cookie may be placed after the user has activated the chatbot function. In the second case, CNIL considered that placing the cookie would be considered as strictly necessary and, thus, not require users' prior consent. In addition, CNIL highlighted that a conversation between the user and the chatbot does not lead to automated decision-making with an impact on the data subject.
You can read the guidelines, only available in French, here.
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