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France: CNIL updates FAQs on cookies guidelines and recommendations ahead of entry into force

The French data protection authority ('CNIL') released, on 18 March 2021, an updated version of its frequently-asked-questions on its guidelines and recommendations on cookies and other trackers, which will come into force on 1 April 2021. In particular, CNIL announced that the updated FAQs include, among other things, further detail on tracking devices which are exempted from the requirement to obtain prior valid consent from the data subject, such as those not used for audience measurement purposes, social media plug-ins, and guidance on implementing the principles of Privacy by Design.

In addition, the FAQs cover general questions regarding the commencement of CNIL compliance audits from April 2021, scope of application, audience measurement cookies, conditions for obtaining valid consent from users for the use of cookies, and the manner in which users should be able to opt-out from the use of cookies and other trackers. More specifically, the FAQs clarify that social media plug-ins may allow third parties to place or to access trackers on the user's terminal equipment for purposes other than interaction via the relevant social media network, notably for marketing purposes. As a result, the FAQs note that use of such social media plug-ins requires the consent of the user under Article 82 of the Act No. 78-17 of 6 January 1978 on Data Processing, Data Files and Individual Liberties (as amended).

You can read CNIL's announcement here and the FAQs here, both only available in French.

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