La CNIL has published this 1^er October 2020 its amending guidelines and recommendation on cookies and other trackers.

On 19 June last, the Council of State had annulled part of the CNIL's guidelines, ruling that the general prohibition on the practice of " cookie walls "It was too restrictive and went beyond what is legally possible within the framework of guidelines.

On 17 September 2020, the CNIL therefore adopted the following measures amending guidelines as well as a final version of the practical recommendation on the subject. The aim of these changes to the applicable rules is to give Internet users greater control over cookies and online tracers by asserting certain more restrictive principles:

• a positive act on the part of the user to obtain consent
• procedures for refusing cookies and tracers that are as simple as the procedures for accepting them
• more information for users

With regard to " cookie walls "Following on from its initial guidelines, the CNIL considered that ". making the provision of a service or access to a website conditional on acceptance of write or read operations on the user's terminal (known as "cookie wall" practice) is likely to infringe, in certain cases, the freedom of consent ".

The CNIL has set a deadline of six months for compliance with the new rules, no later than the end of March 2021. During this period, the CNIL will support the players concerned and take account of the difficulties they encounter, but reaffirms that it will not hesitate to prosecute certain breaches. in particular in the event of a particularly serious breach of the right to respect for private life. private".