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PRIVACY MANAGEMENT
Consent Management PlatformCapture, manage, and optimize consumer privacy preferences.
Compliance MonitoringAutomate your vendor assessment process.
Universal Consent & PreferencesStreamline your first-party data strategy.
Streamline data subject access requests.
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Consent Is Not Enough: Protect Against US Privacy Litigation RisksCompanies face increasing exposure to wiretapping, VPPA, and UDAP lawsuits
Mobile App Privacy Is Complicated: from Sensitive Data to Cross-Platform ComplianceSourcepoint and Baker McKenzie on how the complex regulatory landscape applies to the mobile ecosystem
Consent and CTV: Google’s New RulesAn on-demand webinar with Google and Sourcepoint on CTV consent
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The IndependentHow they launched their Consent or Pay model
Bauer MediaHow they implemented consent for Amazon Alexa
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LATEST POSTS
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Learn how 9GAG, a leading global digital and social media network known for creating...
LEADERSHIP TEAM
Leadership TeamWe’re digital veterans uniquely positioned to help enterprises tackle complex privacy challenges.
PRESS
Sourcepoint Unveils Transaction Receipts and Legal Preferences to Unify Privacy Choice Management
Sourcepoint launches Legal Preferences and Transaction Receipts as part of their Universal Consent &...
Sourcepoint Enhances Privacy Compliance Solutions to Address Complex Digital Tracking Litigation Risks
Integrated technology and services help companies mitigate vulnerabilities across various privacy regulations and implementation...
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Diversity & InclusionWe seek to foster an environment that attracts the best talent, values diversity of life experiences and perspectives, and encourages innovation.
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EUROPE
The CNIL Orders Website Publishers to Modify Misleading Cookie Banners
The French CNIL announced that it ordered several website publishers to modify, within one month, their consent banners that the CNIL found to be misleading. In particular, the announcement cites the following practices by the publishers as misleading and non-compliant:
- “the opt-out option takes the form of a clickable link whose choices of color, character size and font disproportionately highlight the opt-in option compared to the opt-out option;
- “the opt-out option is confused with the information notices because of its location to the point that it is not easily discernible;
- “the opt-out option is attached to other paragraphs without sufficient spacing to visually distinguish the opt-out method of the tracers from all the other information brought to its attention;
- “the acceptance option is presented several times in the banner while the refusal option is only present once, moreover, in non-explicit terms (“I decline non-essential purposes”).”
TAKEAWAY
In its announcement, the CNIL cites a report created by a Cookie Banner Taskforce and adopted by the EDPB in 2023, reflecting the common denominator agreed by supervisory authorities in their interpretation of GDPR and the ePrivacy Directive when handling cookie complaints from advocate noyb; however, the CNIL’s requirements seem to take the EDPB requirements one step further.
For example, the taskforce found that a “a general banner standard concerning colour and/or contrast cannot be imposed on data controllers”, but rather than a case-by-case verification would need to be conducted to determine whether the contract and colours are “obviously misleading.” The only such practice the taskforce could cite as “manifestly misleading” was “an alternative action is offered (other than granting consent) in the form of a button where the contrast between the text and the button background is so minimal that the text is unreadable to virtually any user.” The report does state that it reflects a “minimum threshold”, but, based on the examples given, it appears that the CNIL may impose requirements a step above such threshold.
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A Little Privacy, Please weekly recaps are provided for general, informational purposes only, do not constitute legal advice, and should not be relied upon for legal decision-making. Please consult an attorney to determine how legal updates may impact you or your business.
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