The French data protection authority (CNIL) recently issued detailed guidance on online cookies and trackers. The guidance includes four documents: Guidelines, Recommendations, FAQs, and a specific statement on audience measurement. Here are some highlights:

  • You can offer users a global consent to a set of purposes if you present, in advance, all the purposes pursued, for example “accept all,” “refuse all.”
  • Present each purpose with a short and prominent title, accompanied by a brief description.
  • Make the exhaustive and regularly updated list of the data controllers involved available to users when their consent is obtained.
  • If refusal can be manifested by simply closing the window for collecting consent or by not interacting with it for a certain period of time, this possibility must be clearly indicated to users on this window to avoid confusion.
  • You must be able to demonstrate, at any time, that users have given their consent. If you do not collect the consent of users yourself (in particular for third party cookies), you must contractually require the other party to obtain valid consent and make proof of consent available to the other parties.

Full details on the CNIL – Commission Nationale de l’Informatique et des Libertés guidelines and recommendations regarding cookies and trackers in this article for OneTrust Data Guidance.