Association des agences de communication – Court Ruling (France, 2020)
A French court ruled that the Association des agences de communication misled users with its cookie consent banner. This matters because it highlights the importance of clear communication about cookie usage on websites. Companies need to ensure their cookie messages are honest and straightforward to avoid confusion.
What happened
The court found that the Association des agences de communication's cookie banner was misleading.
Who was affected
Website visitors who encountered the misleading cookie consent banner were affected.
What the authority found
The court held that the cookie consent banner did not meet the transparency requirements under GDPR, violating the need for clear information.
Why this matters
This ruling emphasizes that companies must provide clear and accurate information about cookies. Website operators should review their cookie consent practices to ensure they are not misleading.
National Law Articles
L’association des agences de communication and others contested the legality of several recommendations and principles enshrined in the [https://www.legifrance.gouv.fr/jorf/id/JORFTEXT000038783337/ 4th of July 2019 CNIL deliberation] on Article 82 of the Loi n° 78-17 du 6 janvier 1978 relative à l'informatique, aux fichiers et aux libertés. Could the CNIL decide a prohibition of “cookie walls” based on the EDPB 'soft law'? The Conseil d’Etat considered that the CNIL outpaced its powers when considering cookie walls as illegal in a soft law measure (Article 2 of its 4th of July 2019 deliberation). Cookie walls are "the practice of blocking access to a website or mobile application for those who do not consent to be tracked ("cookie walls")" ([https://www.legifrance.gouv.fr/jorf/id/JORFTEXT000038783337/ CNIL deliberation, article 2]). The CNIL based its position on the EDPB (European Data Protection Board), stating that cookie walls should be forbidden because the cost of consent refusal is too high and thus the consent is not freely given ([https://edpb.europa.eu/our-work-tools/our-documents/otros/statement-edpb-revision-eprivacy-regulation-and-its-impact_en 25 May 2018, on ePrivacy]): "The EDPB considers that, in such a case, users are not in a position to refuse the use of tracers without suffering negative consequences (in this case, the ban from accessing the website)" ([https://www.legifrance.gouv.fr/jorf/id/JORFTEXT000038783337/ CNIL deliberation, article 2]). CNIL concluded "that consent can only be valid if the person concerned is able to validly exercise his or her choice and does not suffer major inconvenience in the event of the absence or withdrawal of consent" ([https://www.legifrance.gouv.fr/jorf/id/JORFTEXT000038783337/ CNIL deliberation, article 2]). Nonetheless, the Court still considered the CNIL had overpassed its power: "By deducting such a general and absolute prohibition from the sole requirement of a free consent, laid down by the regula
Outcome
Court Ruling
A ruling by a national court on a data-protection matter.
Violations (2)
Refusing cookies requires more clicks or steps than accepting them, or the reject option is less visually prominent.
Art. 7 GDPR
The cookie banner uses misleading language to trick or pressure users into accepting cookies (dark patterns).
Art. 7 GDPR
Related Cases (0)
No other cases found for Association des agences de communication in FR
This is the only recorded case for this entity in this jurisdiction.
Similar Cases
Enforcement actions with similar violations
Details
About this data
Cite as: Cookie Fines. Association des agences de communication - France (2020). Retrieved from cookiefines.eu
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