On June 28, 2019, the French Supervisory Authority (CNIL) announced that it will issue new guidelines on the use of cookies for direct marketing purposes. It will issue these guidelines in two phases.
First, during July 2019, the CNIL will update its guidance issued in 2013 on cookies. According to the CNIL, the 2013 guidance is outdated because it refers to implied consent (i.e., consent through the continued use of the website) as an acceptable mode of obtaining consent to place cookies. The new guidance will rule out the use of implied consent to place cookies on users’ devices. However, the CNIL will not enforce the new rules for a period of twelve months.
In the second phase, the CNIL will consult with relevant stakeholders in order to create new guidelines on how to obtain consent for the use of cookies. The CNIL intends to publish draft guidelines in December 2019 or January 2020 for public consultation. Once the new guidelines are adopted, the CNIL will grant companies a 6-month transition period to implement the new guidelines.
According to the CNIL, it can no longer wait for the approval of the ePrivacy Regulation, which is not expected to be finalized in the short term.
