• Compliance
  • Calendaras soon as the site is online
  • Time10 hour(s)
  • 1 SUR 6
court hammer
infoTheoretical penalty(s) of non-compliance subject to the judge's discretion and, where applicable, to certain conditions
  • [to be determined] € Finecourt hammer
    infoAdministrative fines for breach of personal data protection provisions

    Collection of consent prior to the deposit of cookies


    Scope of application

    Any website owner using cookies and/or tracers deposited on the terminals of Internet users.

    Terminals may be: computers, smartphones, digital tablets and video game consoles connected to the Internet as well as any other terminal equipment connected to a telecommunications network open to the public.

    Exclusion

    Obtaining consent is not mandatory if access to information stored in the user's terminal equipment or the recording of information in the user's terminal equipment :
    • either for the sole purpose of enabling or facilitating communication by electronic means
    • or, is strictly necessary for the provision of an online communication service at the express request of the user.
    In other words, and according to the CNIL, in order to be exempt from consent, the tracers must
    • have a purpose strictly limited to measuring the audience of the site or application (measuring performance, detecting navigation problems, optimising technical performance or ergonomics, estimating the power of the servers required, analysing the content consulted), exclusively on behalf of the publisher. Thus, it must not lead to a cross-checking of the data with other processing or to the data being passed on to third parties.
    • be used to produce anonymous statistical data only.

    Description

    A cookie is a small computer file, a tracer. It allows the analysis of user behaviour when visiting a website, reading an e-mail, installing or using a software or mobile application.

    Publishers of websites or applications that use cookies must
    • inform Internet users of the purpose of the cookies,
    • obtain their consent,
    • provide Internet users with a means of refusing them.
    In order for consent to be valid, the user must be allowed to :
    • to consent by a clear positive act,
    • to make a choice by purpose,
    • to exercise their choices with the same degree of simplicity,
    • to reconsider their decision at any time.
    The period of validity of the consent given in this context is 13 months maximum.

    Are you an expert?


    I choose an action leading to compliance :