Cookie Wall & Paywall – Do's And Don'ts

Is a website's editor able to block access to the Internet user who rejects the storage of cookies or other tracking tools? Is the website's editor allowed to require the Internet user, as an alternate solution, to make a payment?

The French Data Protection Agency (CNIL) has recently issued Guidelines to set forth the main principles to be complied with by a website's editor who intends to use Cookie Wall and Paywall.

The use of cookies or tracking tools – the applicable rules

The use of tracking tools is prohibited unless the processing of data can be based on a legal exemption. As a result, only consent and legitimate interests can legitimize the use.

An exemption from the consent requirement is made for technical storage that is strictly necessary to provide the website service explicitly requested by the user of a website (e.g., cookies which are stored for the provision of a shopping cart function).