The National Commission on Informatics and Liberty (CNIL) has received increasing individual and collective complaints, especially since implementing the General Data Protection Regulation (GDPR). Last year, out of more than 11,000 complaints filed with the regulatory body, around 21% of them – or more than 2,300 – were related to marketing in the broadest sense.
Given the growing number of these complaints, the administrative authority has decided to review its action plan regarding a subject that comes up systematically: online advertising targeting.
In 2013, the CNIL put forward its first recommendations regarding cookies, which are now considered obsolete because the GDPR has introduced new rules and constraints for internet players. Initially, a user’s consent could be obtained simply because they continued navigating the website, which no longer complies with the new regulation.
Since 2013, and even with the arrival of the GDPR in 2018, more needs to officially be done to modify this rule, leaving room for numerous subjective interpretations by websites that still today flirt with the limits of the restrictions imposed by the 2018 general regulation.
This is precisely what the CNIL intends to counter with its new action plan, which will introduce new clear and precise rules regarding cookies that will replace the 2013 recommendations. More ethical banners should theoretically appear in more significant numbers, requiring explicit action from the user, including an “I refuse” button… just like Axeptio!
Although no specific details are yet to disclose, these new guidelines should be published by the end of 2019. Marie-Laure Denis, the current president of the Commission, has stated that these new guidelines should be applicable in about a year, after a transition period of 6 to 12 months, to allow internet players to prepare.
While many are outraged by this seemingly long delay, the CNIL points out that even if new rules more adapted to the GDPR still need to be published, this does not prevent its application.
In summary, websites still need clear and defined rules, so they must interpret them as they see fit.
At Axeptio, we are delighted to learn that new rules will soon be introduced to properly regulate internet players concerning cookies. Above all, we want to respect users, and this renewal can and will work in their favor.
Regardless, these new rules will be specified very soon, and each website will have new “constraints” to comply with regarding deposited cookies and collected consents. Stay tuned to avoid any surprises that could lead to significant penalties.
Although a transition phase is planned following this future announcement, more is still being determined regarding its duration, and things could happen faster than expected. To avoid unpleasant surprises, we advise you to be proactive and seek help from Axeptio! 😉
