The French data protection Agency (CNIL) recently issued
Guidelines on the use of cookies for advertising purposes. These
Guidelines replace those, issued in 2013, which were no longer
compliant with the GDPR (the continuation of the browsing was
deemed an acceptance of the storage of the cookies if the data
subject had been provided with the necessary information on a
dedicated banner available on the home page of the website).
The new Guidelines clearly state that the consent of the data
subject must be explicit (no presumption of consent when the data
subject continues the web browsing) and the companies operating the
cookies must keep evidence of such a consent.
The CNIL initiated discussions with the adtech
professionals to address with them how to implement the explicit
consent in a pragmatic and friendly way. This should lead to the
publication, in the first quarter of 2020, of a CNIL Recommendation
providing for practical advice pertaining to the use of