CNIL’s crackdown on non-compliant cookie banners
The French Data Protection Authority, known as the CNIL (Commission Nationale de l’Informatique et des Libertés), recently issued a formal notice to multiple website publishers. The CNIL warned that their cookie banners fail to comply with France’s data protection laws, specifically Article 82 of the French Data Protection Act.
Publishers have been given a tight one-month deadline to address these violations or face significant penalties. This move is part of a broader effort to combat “dark patterns”—design tactics that manipulate users into consenting to cookies without genuine choice.
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What is the CNIL?
The Commission Nationale de l’Informatique et des Libertés (CNIL) is France’s independent regulatory body tasked with ensuring the protection of personal data and upholding privacy rights.
Known for its rigorous enforcement of privacy laws, the CNIL has been at the forefront of ensuring cookie consent compliance with the General Data Protection Regulation (GDPR) and the ePrivacy Directive. It regularly audits and issues fines to organizations failing to meet data protection standards.
What are dark patterns in cookie consent banners?
Dark patterns are manipulative design practices used to nudge website (or app) users toward specific actions, such as accepting cookies. These tactics undermine transparency and informed consent, violating data protection principles.
Examples of dark patterns in cookie banners identified by the CNIL
The CNIL’s investigation uncovered several common examples of dark patterns in cookie consent banners:
- Unequal button presentation: “Accept” buttons are prominently displayed, while “Reject” options are harder to find, often hidden in plain text or styled less visibly.
- Ambiguous wording: Misleading language, such as “I decline non-essential purposes,” creates confusion about the choices being made.
- Repeated “Accept” options: Users are presented with multiple “Accept” buttons, while the “Reject” option appears only once.
- Delayed rejection options: Users must click through multiple layers or sub-menus to reject cookies, making the process more cumbersome than accepting them.
The urgency of cookie consent compliance
Website publishers targeted by CNIL’s notice now face a one-month deadline to bring their cookie consent banners into compliance with CNIL cookie guidelines. Failure to act in due time could result in significant fines and reputational damage for the websites and companies in question.
Given the CNIL’s history of imposing substantial penalties for cookie-related violations—Amazon fined €35M, Carrefour and Carrefour Bank fined €2,250,000 and €800,000— this warning should not be taken lightly.
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CNIL cookie recommendations: Best practices for compliant cookie banners
To ensure compliance with CNIL cookie guidelines and avoid penalties, follow these best practices on your website:
- Equal visibility and accessibility: Make “Accept” and “Reject” buttons equally prominent in terms of color, size, and placement.
- Clear and transparent language: Use unambiguous wording that makes it easy for users to understand their options. Avoid phrases that obscure the option to reject cookies.
- Respect prior consent: Ensure that no cookies are pre-set or fired before the user has explicitly given consent.
- Simple rejection process: Users should be able to reject cookies with the same ease as accepting them, avoiding extra clicks or hidden menus.
- Comprehensive cookie audit: Regularly scan your website to identify all cookies and trackers in use (or implement a website consent solution that does this automatically for you).
- Detailed cookie categories: Clearly differentiate between essential and non-essential cookies, explaining their purposes in user-friendly terms.
Implement a cookie banner that meets CNIL cookie recommendations
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How Cookie Information’s cookie banner for websites can help you comply with CNIL’s cookie guidelines
Cookie Information’s customizable website cookie consent banners are designed to help you meet the highest privacy compliance standards as defined by the GDPR, the French Data Protection Act guidelines (namely Article 82), and the report on cookie banners adopted by the European Data Protection Board (EDPB).
Here’s how our cookie banner for websites can support your compliance efforts:
- Cookie audits: Automated cookie scans (usually weekly) to keep track of all cookies and trackers running on your website, ensuring nothing goes unnoticed.
- Compliant cookie consent banner design: Our banners are built to align with CNIL and GDPR requirements, offering equal prominence for “Accept” and “Reject” options.
- Customizable consent solutions: Tailor your cookie banner’s design and messaging to suit your brand while maintaining full privacy compliance.
- Real-time cookie and consent monitoring: Keep track of your compliance status across multiple websites with our intuitive compliance dashboard.
Why CNIL cookie recommendations matter for marketers, developers and website owners
For marketers, a non-compliant cookie banner can lead to hefty fines, a loss of user trust, and ultimately impact your revenue. What’s often the challenge? Implementing compliant banners that don’t compromise user experience while maintaining marketing performance and avoiding, both financial and reputational risks if you fail to address these issues.
Cookie Information’s consent management platform helps you implement compliant practices and meet regulatory requirements without sacrificing usability or brand reputation. And if you have a small business or personal website with modest traffic, you can enjoy these benefits for free. Select the best package for your needs or start your free 14-day trial now.
Final thoughts: Time is ticking
The CNIL’s formal notice serves as another wake-up call for website owners to prioritize cookie consent compliance, and the one-month deadline leaves little room for delay. Whether you’re a marketer, website publisher or developer, now is the time to act, whether your website was targeted in this first notice round or not.
By addressing dark patterns in cookie banners and implementing user-friendly, compliant consent solutions, you can confidently navigate privacy regulations and policies such as CNIL cookie guidelines and avoid costly penalties.
Ready to take action?
Start your free trial of Cookie Information Cookie Banner for websites today to ensure your website meets CNIL recommendations and stays ahead of evolving regulations.
Start your free trial of Cookie Information Cookie Banner for websites today to ensure your website meets CNIL recommendations and stays ahead of evolving regulations.
Frequently Asked Questions
Dark patterns are manipulative design practices that nudge users into accepting cookies without providing a genuine choice. Examples include unequal button visibility, misleading wording, and cumbersome rejection processes.
The CNIL (Commission Nationale de l’Informatique et des Libertés) is France’s data protection authority responsible for enforcing data privacy laws and ensuring compliance with the GDPR and French Data Protection Act.
The CNIL is cracking down on cookie banners that use dark patterns, which undermine user consent and violate Article 82 of the French Data Protection Act.
Non-compliance can lead to fines, reputational damage, and regulatory scrutiny. For example, Amazon and Carrefour have faced significant penalties for cookie-related violations.
Key recommendations include:
- Ensuring “Accept” and “Reject” buttons are equally visible.
- Using clear and transparent language.
- Avoiding pre-set cookies before user consent.
- Making the rejection process as simple as the acceptance process.
- Conducting regular cookie audits to monitor compliance.
Use a website consent management platform like Cookie Information to create customizable, compliant cookie banners. Features include cookie audits, equal button prominence, and real-time consent monitoring. Start free 14-day trial
Websites targeted by the CNIL must address non-compliant cookie banners within one month to avoid fines or further regulatory action.
Compliance helps you maintain user trust, prevent fines, and ensure a seamless user experience while aligning with privacy regulations.
Refer to CNIL’s official guidelines or use tools like Cookie Information to align your digital marketing practices with the latest privacy compliance standards.
