The CNIL of France has published a cookie assessment criteria guide to aid businesses in determining the validity of cookies and other tracers.
While not prohibited in France, a careful assessment is required prior to the implementation of cookie walls.
Cookie walls require an internet user to accept cookies or other tracking devices in order to access the content of a website. In most cases, there is an alternative, paid option, in the form of a subscription, to compensate for any loss of advertising revenue from targeted ads made possible by the collection of cookies. The validity and legality of cookies is intended to be assessed on a case by case basis based on what alternatives are offered to users if they choose to decline cookies, and how reasonable these alternatives are. This will require a careful assessment of the alternative options, as suggested by the CNIL.
CNIL outlined several key factors which are considered in determining the validity of cookie consent and cookie walls.
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