CNIL publishes action plan on targeted online advertising

3. July 2019

On 29th June the French data protection authority CNIL published its 2019-2020 action plan, which aims to set rules for targeted online advertising and guide companies in their compliance efforts.

The Action Plan consists of two main steps. First, new cookie guidelines are to be published in July 2019. The last cookie policy dates back to 2013, for which CNIL stated that the policy is no longer valid and will be repealed due to the stricter approval requirements of the GDPR. In order to comply with the new cookie guidelines, companies will be given a transitional period of 12 months. During this period, it will still be possible to define further browsing of a website as consent to the use of cookies. However, CNIL requires that during this transition period cookies be set only after consent has been obtained.

As a second major step, working groups composed of CNIL officials and stakeholders from the adtech ecosystem will be formed to develop practical approaches to obtaining consent. The draft recommendations developed on the basis of this discussion will be published by CNIL at the end of 2019 or at the latest at the beginning of 2020 in order to make them available for public consultation. CNIL will then implement the final version of the recommendations after a period of six months.

The reason for preparing the Action Plan was that CNIL received numerous complaints about online marketing practices from individuals, non-profit organisations, organisations and associations. In 2018, 21% of complaints related to these issues. At the same time, CNIL received numerous questions from industry professionals trying to better understand their GDPR obligations.