The legal framework relating to consent has evolved, and so does the website of the CNIL
On cnil.fr, no more tracking devices are deposited, as long as the user has not given his active consent.
The European Data Protection Board has explicitly excluded in its guidelines on consent the scrolling down or swiping through a website or application as a valid expression of consent. In July, the CNIL will repeal its 2013 cookie recommendation that has become outdated in some respects (in particular for what concerns the expression of consent), and publish guidelines outlining the applicable rules of law.
The CNIL will give stakeholders a transitional period of 12 months, so that they have the time to comply with the principles that diverge from the previous recommendation. During this transition period, the scrolling down or swiping through a website or application will still be considered by the CNIL as acceptable.
In this context, the CNIL has decided to adapt its website. We have chosen to remove our cookie banner and not to deposit any tracking device until the user has actively consented, by going on the cookie management module or directly on content pages.
This choice not to use a banner is neither an obligation nor a recommendation for other websites that are free to adopt solutions tailored to their situation, in compliance with applicable regulations.
The CNIL will soon publically communicate to data controllers a clarification of the legal obligations in terms of obtaining consent for cookies as well as all for all the tracking devices subject to article 82 of the law.