On October 1, 2020, the French Data Protection Agency published a “Recommendation” document and Guidelines (both issued on September 17, 2020) pertaining to the use of tracking technologies (e.g., cookies).

According to these documents, “good practice” guidelines should be implemented by websites’ editors using such technologies (for example, websites’ editors that feature targeted ads on their websites).

A website’s editor must inform its users of the purposes of the use of tracking technologies and the users must be able to reject tracking technologies as easily as it is proposed to them to accept them (the use of an “accept all” button and of a “refuse all” button is possible). There are exemptions of consent in certain instances (e.g., language preference).

If the user does not make any choice and continues browsing, the website’s editor will have to consider that the user rejected the use of tracking technologies (except for those which benefit from the “consent” exemption).

A 6-month storage of the user’s choice is recommended.

Websites’ editors are required to implement these guidelines by March 2021.