Support Centre

You have out of 5 free articles left for the month

Signup for a trial to access unlimited content.

Start Trial

Continue reading on DataGuidance with:

Free Member

Limited Articles

Create an account to continue accessing select articles, resources, and guidance notes.

Free Trial

Unlimited Access

Start your free trial to access unlimited articles, resources, guidance notes, and workspaces.

France: Guidelines on cookies published in Official Journal

Deliberation 2019-093 of 4 July 2019 Adopting Guidelines for the Application of Article 82 of the Law of 6 January 1978 ('the Law') Amended for User Terminal Operations (Notably for Cookies and Other Trackers) ('the Deliberation') was published, on 18 July 2019, in the Official Journal of the French Republic. In particular, the Deliberation outlines methods of obtaining consent when using an online tracker, the use of audience measurement trackers, and the configuration of terminal settings. In addition, the Deliberation notes that Article 82 of the Law does not require prior consent if access to the information stored in, or the entry of information to the user's terminal is for the purpose of facilitating electronic communication, or if it is strictly necessary for the provision of an online communication service requested by the user.

You can read the Deliberation, only available in French, here.

UPDATE (18 July 2019)

CNIL adopts new guidelines on cookies and other online trackers

The French data protection authority ('CNIL') announced, on 18 July 2019, that it had adopted, on 4 July 2019, new guidelines ('the Guidelines') on cookies and other online trackers as part of its 2019-2020 action plan on targeted advertising. In particular, CNIL noted that the Guidelines aim to harmonise future regulations at the European level and that it had repealed the former guidelines on cookies adopted in 2013 which did not comply with the General Data Protection Regulation (Regulation (EU) 2016/679) ('GDPR'). In addition, CNIL highlighted that the Guidelines will be followed by a new recommendation ('the Draft Recommendation'), which will specify the practical arrangements for obtaining consent. The Draft Recommendation will be created after consultation with professionals and civil society, and will then be subject to public consultation. After the Draft Recommendation is published, operators will have six months to adapt to the same. Moreover, CNIL outlined that operators must continue to allow access to the service even in cases of refusal to consent, as well as providing a method to withdraw consent that is easy to access and use. 

Finally, CNIL stated that the version of the Deliberation published in the Official Journal of the Republic of France contains editorial errors and that that the final version of the Deliberation will be published in the coming days. 

You can read the press release, only available in French, here.

UPDATE (22 July 2019) 

Corrected Deliberation published in Official Journal

A corrected version of the Deliberation ('the Corrected Deliberation') was published, on 19 July 2019, in the Official Journal of the Republic of France.

You can read the Corrected Deliberation, only available in French, here.