CookieLaw Blog January 8, 2014

French DPA Issues New Cookie Compliance FAQs

The French Data Protection Authority the CNIL has recently issued guidance and FAQs for website operators on how to comply with the French implementation of the cookie law. Details can be found here: http://www.cnil.fr/vos-obligations/sites-web-cookies-et-autres-traceurs/

These are only available in French but basic summary of the requirements are:

  • Visitors should be shown a banner on arrival at the site, explaining that cookies are in use, and including a link to more information.
  • The banner should stay in place at least until a visitor clicks on a link.
  • Consent can be given by clicking a link, where the result of this action has been made clear, however cookies requiring consent should not be set prior to this action.
  • Any consent should be deemed to expire after a maximum of 13 months – when new consent would be required.
  • Navigating to the more information page should not be construed as consent to set cookies.
  • The site should provide a mechanism to accept or reject different types of cookies by purpose.
  • Relying solely on browser settings is acceptable only in a very narrow set of conditions – which they recognise is unlikely to be met by most websites.
  • Where a browser sends a Do Not Track flag – the site should not set cookies that might be used to ‘profile’ a user.

All of which means that in effect, French websites should be operating on an opt-in model and therefore need a product like Optanon to be fully compliant with these guidelines.

Recent Posts


January 13, 2017
Future of EU Cookie Compliance Webinar: ...

GDPR and now the proposed E-Privacy Regulation mean a stricter regime for cookie compliance, web governance and use of online tracking technologies. Join p...

View Article
Recent blog thumbnail
December 14, 2016
Draft EU ePrivacy Regulation Leaked...

A draft of the proposed legislation to replace the outdated EU ePrivacy Directive was leaked on the Politico.eu (PDF) website this week. The proposal is fo...

View Article
Recent blog thumbnail
November 3, 2016
GDPR Compliance Means Cookie Notices Mus...

Are you one of those people that ticked the cookie law box ages ago and not thought about it since? Well the game has changed and now is the time to re-vis...

View Article
Recent blog thumbnail
September 21, 2016
Optanon Acquired by OneTrust...

We are pleased to announce that Optanon, along with parent company Governor Technology, has been acquired by OneTrust....

View Article

Be in the Know

Subscribe to our newsletter