The French data protection authority ('CNIL') released, on 28 June 2019, its action plan for 2019-2020 on targeted advertising. In particular, CNIL noted that consent to online marketing, such as commercial prospecting and tracking cookies, is one of the conditions governed by the General Data Protection Regulation (Regulation (EU) 2016/679) ('GDPR') and the Directive on Privacy and Electronic Communications (Directive 2002/58/EC). CNIL outlined that, as part of its action plan, it will repeal its 2013 cookie recommendation in July 2019, and will publish updated guidelines based on elements harmonised at European level. CNIL also highlighted that a 12 month transition period would apply to allow for the compliance with principles that diverge from the previous recommendation, and that obligations would continue to be subject to review within this period.

In addition, CNIL noted that it would be holding working groups with representatives of the online advertising sector in the second half of 2019, including content editors, advertisers and service providers, to develop a new recommendation proposing operational modalities for obtaining consent. Moreover, CNIL highlighted that the recommendation would be subject to public consultation by the beginning of 2020, and compliance with the recommendation would be subject to review six months after final adoption.

You can read the press release here, and access further information on CNIL's proposed cookie recommendation here, both only available in French.