The French Data Protection Authority (Commission
nationale de l'informatique et des libertés or
"CNIL" ») receives many individual and collective
complaints (La Quadrature du Net, Privacy International, NOYB)
relating to online marketing. In 2018, 21% of the complaints were
related to marketing in the broad sense.
Meanwhile, online marketing professionals and their
representatives are seeking to better understand their obligations
under the General Data Protection Regulation
("GDPR").
Pending the adoption of the forthcoming ePrivacy
Regulation, the CNIL has released new guidelines.
Currently applicable legislation
The online marketing sector is subject to two regulations with
demanding conditions, in particular with regard to consent: the
GDPR and domestic provisions that have been adopted to transpose
into national law the 2002 Directive on the protection of privacy
in the electronic communications sector, as amended in 2009, (known
as the "ePrivacy"
