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 According to the CNIL, the 2013 guidance is outdated because it refers to implied consent (i.e., consent through the continued use of the website) as an acceptable mode of obtaining consent to place cookies.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.
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.