EU data protection: noteworthy update to cookie guidelines by CNIL

Susanne Hofmann Data Protection Officer, PwC Switzerland and Liechtenstein 13 Oct 2020

The French data protection authority (CNIL) recently published an updated version of its guidelines on cookies called "Recommendations on cookies and other trackers".

These guidelines are most beneficial in the complex and somewhat unclear requirements regarding the use of cookies.

Key changes include:

  • The former strict consent requirement for the use of cookies has been eased. It no longer applies to trackers that fulfil certain purposes and requirements.
  • Cookie walls are permitted under certain conditions.
  • Refusing cookies must be as easy as accepting them.

To make the new guidelines more accessible and easier to implement for businesses, CNIL issued a set of non-binding recommendations.

The updated CNIL guidelines, together with the recommendations, provide welcome additional guidance on the use of cookies and trackers following the Court of Justice of the European Union judgement on “Planet49”.


Organisations that are active in the EU/EEA and use cookies or other types of online trackers are well advised to consult those new guidelines.