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GDPR and cookies: how to comply with the latest CNIL requirements?
The General Data Protection Regulation (GDPR) has profoundly changed the way companies must manage users' personal data. Among the many regulated areas, cookie management is a central issue. In France, the CNIL (National Commission for Information Technology and Civil Liberties) oversees compliance with these rules.
What are the CNIL's current cookie requirements? How can you ensure your website is compliant?
Understanding GDPR and its impact on cookies
What is GDPR?
The GDPR is a European regulation implemented in 2018 aimed at protecting citizens' privacy by regulating the collection and use of personal data.
The role of the CNIL
In France, the CNIL is responsible for ensuring compliance with the GDPR. It has the power to sanction companies that fail to comply with the obligations imposed by the regulations.
What are cookies and why are they regulated?
Cookies are files stored on users' devices when they browse a website. They are used to:
- Track navigation for analytical purposes
- Personalize the user experience
- Display targeted ads
Why does the CNIL regulate cookies?
Cookies can contain personal information, such as IP addresses or browsing preferences. This is why the CNIL (French Data Protection Authority) imposes strict rules on their use to protect the privacy of Internet users.
CNIL requirements regarding cookies
Since 2021, the CNIL has strengthened its requirements:
- Mandatory consent : the user must give his consent before the installation of non-essential cookies.
- Transparency : the user must be informed in a clear and accessible manner about the use of cookies.
- Easy refusal : Refusing cookies should be as easy as accepting them.
- Limited validity period : consent can only be valid for a maximum of 6 months.
How to comply with CNIL rules?
Setting up a cookie-compliant banner
An effective banner should include:
- An easily visible “Accept” button and a “Reject” button.
- Access to preferences for personalized management
- A clear explanation of the use of cookies
Respect user choices
- Do not enable cookies before obtaining consent
- Keep proof of consent in case of inspection
Update your privacy policy
- List the cookies used and their purpose
- Explain how the user can change their consent at any time
Consequences of non-compliance with the rules
Failure to comply with CNIL rules can be costly:
- Fines of up to 4 % of global turnover
- Damage to the company's reputation
- Loss of user confidence
Tools to ensure compliance
Tools exist to simplify compliance:
- CMP (Consent Management Platform) : consent management platforms (e.g. Axeptio, Cookiebot)
- Regular site audit : check that non-essential cookies are not triggered without consent
Complying with CNIL cookie requirements is not an option, but a legal obligation. Proper compliance also builds user trust and improves brand image.
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