Why Google is not yet fully out with CNIL and cookies

Following the issuance of the மில்லியன் 100 million fine and the CNIL order, Google has complied with French law with the consent of Internet users. But the company has not yet come to the end of its difficulties.

This was in December 2020. The National Commission for Information and Freedom (CINIL) has fined Google 100 million euros (60 million to Google LLC and 40 million to Google Ireland Limited). Questioned? The gap between the cookie practices of the U.S. company and the obligations it must comply with in accordance with French law.

Today, things have returned to normal. This Tuesday, May 4, the Independent Executive Authority Removed restraining order under penalty That he took against the American company. If it does not correct its procedures after three months from the CNIL announcement, it will have to pay a late payment of 100,000 euros a day, in addition to the penalty.

Google tells people about what they do with cookies

The injunction is intended to force Google to comply with Section 82 of the January 6, 1978 Act relating to information technology, files and liberties. For non-lawyers, a company like Google should report this article. ” Clearly and completely Internet users of cookie applications, but inform people about ways to counteract them.

Cookies, also called cookies, are small computer files that are placed on a computer via a web browser. They are used for various tasks such as monitoring or customizing the audience. For example, they allow you to memorize a shopping cart or be recognized by a website without having to reconnect to your account.

Next to these technical cookies are cookies designed for advertising purposes. They make it especially possible for Internet users to deliver targeted ads based on what they do on the Internet. This is why cookies are also described Such as tracers. Google gives its economic model (these services are mostly free, but funded by advertising), and use it.

Nearly five months later, CNIL assumes that Google has met the requirements of the injunction. On the one hand, Mountain View states that all cookies are subject to consent for certain purposes (in some cases, certain cookies are not subject to personal consent, but this does not apply to advertising cookies), and on the other hand it explains the possibility of refusing them.

The Sinil ” Notes (…) Visitors to the google.fr site are now clearly and fully informed about the means available to them and the banner information displayed when they arrive, subject to acceptance of all purposes of the cookies. On the site , We study Discussed April 30, 2021, Published in the official press on May 4th.

Refusing cookies should be as easy as accepting them

However, Google is not yet completely out of the woods with cookies. CNIL clarifies that the end of its day refers only to the purpose of the restraining order, which required Google to produce a banner explaining on its homepage what Google is doing with its cookies and which way it can be rejected. Subject to public approval.

This banner should appear on the screen before any deposit of these cookies, does it fully comply with the requirements of CNIL? This is now the new angle of analysis of independent executive power. Because sites have a rule to respect: ” Cookies can be denied by the user to the extent that he accepts them .

As for the Google homepage, is it like this? This is debatable: in fact, if the “Accept” button on the banner is immediately accessible, the options for discarding cookies will be behind the “Customize” button. Google explains in its banner that disclaimers can be expressed by “customize,” but this requires extra clicks, including a final click to confirm.

In customization, Google offers three main topics – they are enabled by default. Includes search customization, YouTube history and ad customization. This last box has two sub-headings: Advertising Customization in Google Search and Advertising Customization on YouTube and the Internet.

This is Cnil “ Compliance is not reviewed [de ce] Info banner with new cookie rules Those who want to express both consent or denial as easily as others. Therefore, removing the ban on updating the banner ” CNIL’s analysis of Google’s compliance with these requirements will therefore not be determined in advance .

That is why the National Commission for Information and Freedom declares itself free. ” Control these methods of denial and, if necessary, mobilize the repressive chain “Given Google’s weight on the French web, we doubt whether Mountain View will escape it. In particular, compliance with the rules applicable to CNIL cookies and other tracers is one of its priorities in 2021.

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