According to a recent declaration of the National Commission for Informatics and Liberties (CNIL), the facebook.com, google.fr and youtube.com websites do not offer a solution (button or other) for “Allow the Internet user to easily refuse the deposit of these cookies”. Verdict: Google receives a fine of 150 million euros and Facebook from another 60 million euros.
Fines of 150 million euros for Google and 60 million for Facebook
Google and Facebook have three months to comply with French cookie law. In its press release, the CNIL recalls that the rule is however simple: “Refusing cookies should be as easy as accepting them”. As this is probably not the case on the sites of Facebook, Google and YouTube, the French gendarme decides to crack down. The actors concerned have three months to comply.
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The restricted formation, an organ of the CNIL responsible for pronouncing sanctions, found following checks, that the websites of Facebook, Google and YouTube do indeed offer a button to immediately accept cookies. In contrast, “They do not set up an equivalent solution (button or other) to allow the Internet user to easily refuse the deposit of these cookies”. It is precisely this point that poses a problem for the regulator.
“Refusing cookies should be as easy as accepting them” according to the CNIL
Out of habit, cookies are often accepted automatically. Either so as not to be faced with a “Cookies wall”, or so as not to be invaded by pop-ups. The CNIL believes that for the Internet user, the fact of not being able to refuse cookies as simply as they can be accepted. “Skews his choice in favor of consent”. Since September 17, 2020 and the tightening of cookie regulations in France, this constitutes an infringement.
Indeed, a little over a year ago, the CNIL modified the rules of cookies to make their use for advertising more complex. First change: before accepting cookies, the internet user must be informed clearly and concisely on their purpose. The second change is this one that concerns the recent fines from Facebook and Google: the Internet user must be able to refuse easily cookies. Rejection should be as easy to choose as acceptance.
In addition to the fines of 150 and 60 million euros, the members of the restricted party ordered the companies to “Make available to Internet users located in France, within 3 months, a means making it possible to refuse cookies as simply as the existing one to accept them, in order to guarantee the freedom of their consent”. If not, the two American giants will be forced to pay a fine of 100,000 euros per day of delay.