France: Conseil d'Etat partially annuls CNIL's guidelines on cookies and other trackers and CNIL issues statement in response
Conversely, the Council rejected the applicants' argument that the Guidelines impose specific procedures for obtaining consent. In this regard, the Council upheld the Guidelines' provision on giving users specific information before obtaining consent for specific types of processing on the basis that it complies with the preexisting legal requirement that users' consent to cookies must relate to the purposes behind the processing. Moreover, the Council also upheld the Guidelines' provisions on the ease of withdrawing consent to cookies and on informing users about cookies in order to ensure certainty that, by providing for these requirements, CNIL has not imposed a new information obligation unfounded in law. Lastly, the Council ordered CNIL to pay the applicants €3,000 under Article L. 761-1 of the Code of Administrative Justice.
In relation to the above, the CNIL Statement responds that CNIL will comply with the Council's decision and will adjust the Guidelines based on the same. Moreover, the CNIL Statement notes that the Guidelines will adopt a recommendation on the methods for collecting consent to cookies after September 2020.
UPDATE (29 June 2020)
CNIL publishes English translation of its statement
CNIL published, on 29 June 2020, an English translation of the CNIL Statement.
You can read the English translation here.