The CNIL is updating its reference frameworks and is preparing a new recommendation that will clarify and strengthen the procedures for collecting consent to cookies.
In terms of obtaining consent for cookies and other tracers, regulations are being improved, and the National Commission for Informatics and Liberties (CNIL) has even decided to take a step ahead. The Constable of Data adopted guidelines on July 4, following his detailed action plan on June 28. The Commission wants to strengthen the collection of user consent.
The CNIL wants to replace (and harden) a previous recommendation that has become obsolete with the RGPD
If the Data Constituent had adopted, in 2013, a recommendation to guide the operators in the application of Article 82 of the " Computers and Freedoms " law, which provides for the obligation to collect the consent of users , the latter was no longer compatible with the provisions of the GDPR, which came into force on May 25, 2018, and has now been repealed.
Since then, the CNIL has laid the groundwork for its future recommendation, which will define the practical arrangements for obtaining consent, without waiting for the future European regulation on " privacy and electronic communications ", which should not come into force for a moment. This is how the authority proposes to discuss how sites, platforms, and operators will have to obtain the consent of their users.
Operators must be able to prove that they have obtained the consent of users
In its future recommendation, which should be published definitively in the first quarter of 2020, the CNIL will indicate that the mere continuation of site navigation can no longer be considered a valid expression of consent to the deposit of cookies. Operators who exploit tracers and deposit cookies must be able to prove that they have obtained the consent of users.
This will, therefore, go through an act of the user. We can then imagine everything in terms of form, such as the implementation of a form that would appear full screen when opening a site, requesting the consent of the user explicitly. It should be noted that the administrative authority specifies that even if the deposit of tracers is refused, the user must retain the possibility of accessing the site or service.
When the recommendation is published, the CNIL will allow a reasonable six-month period for the actors to comply and apply the new rules. The final text will be developed in consultation with professionals and members of civil society.
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