Court case N° 434684 – Court Ruling (France, 2020)
France's Council of State mostly upheld CNIL's guidelines on cookie consent, but struck down a part that banned cookie walls. The court found CNIL went too far by saying users should never face inconvenience for refusing cookies. This decision affects how websites can ask for consent and use cookies.
What happened
The Council of State upheld most CNIL guidelines but removed a ban on cookie walls.
Who was affected
Internet users who might face issues with cookie consent on websites.
What the authority found
The court found that CNIL overreached by trying to ban cookie walls through guidelines, which are not legally binding.
Why this matters
This case highlights the limits of regulatory guidelines and the ongoing debate over user consent and privacy. Website operators should ensure their consent practices align with both legal requirements and evolving guidelines.
GDPR Articles Cited
The Council of State upheld CNIL guidelines requiring easy consent withdrawal, granular choice, and equal ease in accepting or rejecting cookies.
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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