In December 2013 the French Commission on Information Technology and Liberties (the \u201cCNIL\u201d) revised its guidelines, previously issued following the implementation of Directive 2009\/136\/EC.\u00a0 The guidelines required express consent to be obtained from Internet users by the ticking of a box or the clicking of acceptance to the website\u2019s terms and conditions.\u00a0 Adhering to this strict rule was simply not practical and not adhered to by many websites.<\/p>\n
The CNIL is now moving to a more practical and flexible approach, similar to the model adopted in the UK. \u00a0That is the presumption of consent.\u00a0 Consent will be recognized where there is a notification that cookies are used and the stated purpose, and the user continues to browse the website.\u00a0 Consent will also be presumed once a user views a secondary page on the website.\u00a0 This not only applies to http cookies, flash cookies, \u00a0invisible pixels and other hidden identifiers.<\/p>\n
This presumption of consent to the use of cookies is, of course, not new.\u00a0 But it is a significant step in clarifying what constitutes consent and simplifies the procedure.\u00a0 The CNIL is recommending the use of a banner informing the user that cookies will be installed, the purpose of the cookies, together with a link to oppose or control the cookies.\u00a0 This banner must appear each time the user visits the website until the user \u201ccontinues browsing\u201d.\u00a0 Cookies can have a life span of no more than 13 months, much longer than the previous guidelines that allowed a lifespan of only 6 months.<\/p>\n
If the proposed Data Protection Regulation comes into effect later this year, it will overrule these new guidelines, but for now, continued browsing after being notified that cookies are being used will be a presumption of consent.\u00a0 In its current form, the Data Protection Regulation would require consent be express and definite, a presumption of consent would not be sufficient.<\/p>\n
Contact us<\/a> about your data privacy<\/a> issues.<\/p>\n SHARE THIS:<\/span><\/p>\n","protected":false},"excerpt":{"rendered":" In December 2013 the French Commission on Information Technology and Liberties (the \u201cCNIL\u201d) revised its guidelines, previously issued following the implementation of Directive 2009\/136\/EC.\u00a0 The guidelines required express consent to be obtained from Internet users by the ticking of a box or the clicking of acceptance to the website\u2019s terms and conditions.\u00a0 Adhering to this … Continue reading A Presumption of Consent \u2013 The Cookie Conundrum<\/span>