In January 2022, several decisions by the French data protection regulator (“CNIL”) were published regarding the implementation of French cookie requirements, sending out a strong signal to website operators targeting French users. On 6 January 2022, the CNIL issued fines totalling 150 million euros and 60 million euros, to Google and Facebook respectively, for violations of the cookie laws in France. Both fines related to the method by which, and the lack of ease in which, users can reject the use of cookies, specifically on the following websites: google.fr, youtube.com and facebook.com. Some might see this as a controversial move by the CNIL, given that the method for opposing cookies has not strictly been written into law.

Then, on 28 January 2022, the French Supreme Administrative Court (French Council of State or “Conseil d’Etat”) upheld a 100 million euro fine imposed by the CNIL on Google on March 2020, also on the topic of cookie rules. The Council of State confirmed the fine, highlighting the fact that seven cookies were automatically dropped on the users’ terminal, four of which were used for advertising purposes, whereas users were not directly and explicitly informed of either the purposes of these cookies, or how to opt-out of the use of cookies.Continue Reading Cookie fines in France in January 2022: is it the beginning of a “Cookie Gate”?