Court case N° 434684 – Court Ruling (France, 2020)
A French court ruled that cookie consent must be as easy to withdraw as it is to give. This is important because it ensures users have control over their data and can change their minds easily. Website operators need to make sure they allow users to manage their cookie preferences without hassle.
What happened
The court decided that users should be able to withdraw cookie consent as easily as they can give it.
Who was affected
Website visitors who use sites with cookie consent mechanisms were affected.
What the authority found
The court found that the cookie consent process violated GDPR by making it harder to reject cookies than to accept them.
Why this matters
This ruling sets a standard for cookie consent practices, urging companies to simplify the withdrawal process. Website operators should evaluate their consent mechanisms to comply with this requirement.
National Law Articles
Several private companies challenges the guidelines of the CNIL on cookies on several grounds, including excess of powers. The Council of State validated most of the interpretations or recommendations provided in the guidelines: - Individuals should be able to decline to give consent as easily as to give consent; Individuals must be able to withdraw their consent as easily as they gave it; - User consent should be given for each purpose, which implies specific information; - Individuals must be informed of the identity of the controllers depositing cookies; the list containing the identity of the controllers must be made available to them at the time consent is obtained and must be regularly updated; - Data controllers must be able to demonstrate that they have obtained valid consent to the CNIL. However, in its decision of 19 June 2020, the Council of State suppressed a paragraph in which the CNIL considered that the Internet user should not suffer major inconvenience in the event of the absence or withdrawal of consent. The CNIL considered in particular that access to a website could never be subject to the acceptance of cookies ("cookie walls"). The Council of State considered that by deducting this general prohibition from the GDPR, the CNIL had gone beyond what is legally possible with guidelines, which are an instrument of "soft law".
Outcome
Court Ruling
A ruling by a national court on a data-protection matter.
Violations (6)
Cookie banner does not provide a clear reject/refuse all button at the same level as the accept button.
Art. 7 GDPR
Refusing cookies requires more clicks or steps than accepting them, or the reject option is less visually prominent.
Art. 7 GDPR
Non-essential cookies (tracking, advertising) are placed on the user's device before obtaining valid consent.
Art. 6(1) GDPR
The cookie banner or cookie policy provides vague, incomplete, or unclear information about what cookies are used and why.
Art. 12, 13 GDPR
Users cannot select or deselect individual cookie categories; consent is presented as all-or-nothing.
Art. 4(11) GDPR
No accessible mechanism exists for users to withdraw previously given cookie consent.
Art. 7(3) GDPR
Related Cases (0)
No other cases found for Court case N° 434684 in FR
This is the only recorded case for this entity in this jurisdiction.
Similar Cases
Enforcement actions with similar violations
Details
Ruling Date
12 June 2020
Authority
Commission Nationale de l'Informatique et des Libertés
GDPRhub ID
gdprhub-court-2476About this data
Cite as: Cookie Fines. Court case N° 434684 - France (2020). Retrieved from cookiefines.eu
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