Cookies and trackers: what does the law say?

Pursuant to the ePrivacy directive, Internet users must be informed and give their consent prior to the filing and reading of certain tracers, while others are exempt from obtaining this consent.

Which cookies require the prior consent of users?

All cookies not having the sole purpose of allowing or facilitating electronic communication or not being strictly necessary for the provision of an online communication service at the express request of the user require the prior consent of the Internet user. Among the cookies requiring prior information and the prior collection of the user's consent, we can cite in particular:

• cookies related to operations relating to personalized advertising;

• cookies from social networks, in particular generated by their share buttons.

With regard to tracers not subject to consent, we can mention:

• the plotters keeping the choice expressed by the users on the plotters repository;

• tracers intended for authentication with a service, including those intended to ensure the security of the authentication mechanism, for example by limiting robotic or unexpected access attempts;

• the tracers intended to keep in memory the contents of a shopping cart on a commercial site or to invoice, to the user, the product (s) and / or service (s) purchased;

• user interface personalization tracers (for example, for the choice of language or presentation of a service), when such personalization constitutes an intrinsic and expected element of the service

• tracers allowing load balancing of equipment contributing to a communication service;

• plotters allowing paid sites to limit free access to a sample of content requested by users (predefined quantity and / or over a limited period);

• certain audience measurement tracers as long as they meet certain conditions.

More information directly on the website CNIL