06 January 2022
Following investigations, the CNIL noted that the websites facebook.com, google.fr and youtube.com do not make refusing cookies as easy as to accept them. It thus fines FACEBOOK 60 million euros and GOOGLE 150 million euros and orders them to comply within three months.
The restricted committee, the body of the CNIL responsible for issuing sanctions, has noted, following investigations, that the websites facebook.com, google.fr and youtube.com offer a button allowing the user to immediately accept cookies. However, they do not provide an equivalent solution (button or other) enabling the Internet user to easily refuse the deposit of these cookies. Several clicks are required to refuse all cookies, against a single one to accept them.
The restricted committee considered that this process affects the freedom of consent: since, on the Internet, the user expects to be able to quickly consult a website, the fact that they cannot refuse the cookies as easily as they can accept them influences their choice in favor of consent. This constitutes an infringement of Article 82 of the French Data Protection Act.
As a result of this infringement, the CNIL’s restricted committee issued:
- a fine of 150 million euros against GOOGLE (90 million euros for GOOGLE LLC and 60 million euros for GOOGLE IRELAND LIMITED);
- a fine of 60 million euros against the company FACEBOOK IRELAND LIMITED.
In addition to the fines, the restricted committee ordered the companies to provide Internet users located in France with a means of refusing cookies as simple as the existing means of accepting them, in order to guarantee their freedom of consent, within three months. If they fail to do so, the companies will have to pay a penalty of 100,000 euros per day of delay.
These two decisions are part of the global compliance strategy initiated by the CNIL over the past two years with French and foreign actors publishing websites with a lot of visits and having practices contrary to the legislation on cookies.
Since March 31, 2021, when the deadline set for websites and mobile applications to comply with the new rules on cookies expired, the CNIL has adopted nearly 100 corrective measures (orders and sanctions) related to non-compliance with the legislation on cookies.