Court case N° 434684 – Court Ruling (France, 2020)

Court Ruling
Commission Nationale de l'Informatique et des Libertés12 June 2020France
final
ePrivacy
Court Ruling

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

AI-identified

Art. 82 Loi Informatique et Libertes
Decision AuthorityCouncil of State (Conseil d'État)
Reviewed AuthorityCNIL
Source verified 11 April 2026
articles corrected
national law identified
authority corrected
date discrepancy
Full Legal Summary
Detailed

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)

No Reject Button
critical

Cookie banner does not provide a clear reject/refuse all button at the same level as the accept button.

Art. 7 GDPR

Reject Harder Than Accept
critical

Refusing cookies requires more clicks or steps than accepting them, or the reject option is less visually prominent.

Art. 7 GDPR

Cookies Placed Before Consent
critical

Non-essential cookies (tracking, advertising) are placed on the user's device before obtaining valid consent.

Art. 6(1) GDPR

Unclear Cookie Information
high

The cookie banner or cookie policy provides vague, incomplete, or unclear information about what cookies are used and why.

Art. 12, 13 GDPR

No Granular Cookie Choice
high

Users cannot select or deselect individual cookie categories; consent is presented as all-or-nothing.

Art. 4(11) GDPR

Cannot Withdraw Cookie Consent
critical

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.

Details

Ruling Date

12 June 2020

Authority

Commission Nationale de l'Informatique et des Libertés

About this data

Data: GDPRhub (noyb.eu)
Licensed under CC BY-NC-SA 4.0
AI-verified and classified
Cookie relevance: 80%

Cite as: Cookie Fines. Court case N° 434684 - France (2020). Retrieved from cookiefines.eu

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