Ensure that the cookie banner complies with recent CNIL instructions on cookies and trackers. Learn more about it here!
Following the CNIL guidelines publication on cookies and tracers, a certain number of criteria must be respected in order to ensure the compliance of its cookie banner.
While surfing the Internet, various actors are following your habits of consultation, consumption, movement, and navigation,... for a purely lucrative purpose. Placing cookies on your device, it allows companies to provide so-called “targeted” advertisements or other personalized services based on your behaviors. All this collected data is a gold mine and is subject to different legislation.
However, some cookies are exempt from consent because they are considered as “essential” or “technical” and are necessary for the proper functioning of the website. For example, an “Analytics” type of cookie cannot legally be considered as essential.
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It is mandatory to collect consent and inform users about the purpose of the data collected via a GDPR-compliant cookie banner. The following actors are responsible:
When users visit a website, they must be informed and give their consent prior to the deposit or reading of cookies or other trackers (unless these are exempt from consent). This act is carried out by using a cookie banner and this one must comply with the GDPR and CNIL’s recommendations.
Users must be clearly and fully informed about the purpose of the information stored in their equipment. These visitors must also be able to oppose it in a simple way. In practice, this translates into a “refuse all” option in the same way as the “accept all” option on its banner. An error often observed is the absence of this button, which is mandatory and therefore makes the banner useless and not GDPR compliant.
Collecting valid consent on your cookie banner requires following a number of requirements:
All these recommendations are governed by a clearly defined legal framework:
In 2021, the CNIL more than ever checked the proper execution and compliance with the points mentioned but also sanctioned unscrupulous companies. More than 14,000 complaints have been filed and this number is only increasing.
It is essential to act with parsimony and caution when processing personal data. Some companies are showing initiative by adopting “Privacy by Design” approaches. All these elements help to improve the feeling of trust as well as transparency with its visitors. In addition to the legal aspect, it is a civic act of respect.
For more details on how your cookie banner must comply with the GDPR
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