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In January of this year, the French data protection regulator, CNIL, announced that it was imposing a fine of €150 million on Google. This concerned the manner in which Google presented its tracking choices to users of google.fr, youtube.com and facebook.com. The criticism of Google was that, for a user to refuse consent for all cookies on those websites, the process was not as streamlined as the process by which a user was invited to give their consent. This, therefore, did not amount to “freely given, specific, informed and unambiguous” consent, for the purposes of Article 4(11) GDPR.
Previously, a user navigating the cookie consent box had an initial choice between buttons marked “I Agree” and “Customize”. Now, in the new version which has launched on French speaking websites and will soon be in place across Europe, there will be three buttons, which translate as: “everything is refused”, “everything is agreed” and “more options”.
A monthly data protection bulletin from the barristers at 5 Essex Chambers
The Data Brief is edited by Francesca Whitelaw KC, Aaron Moss and John Goss, barristers at 5 Essex Chambers, with contributions from the whole information law, data protection and AI Team.
