The new regulation imposed by the CNIL on third-party cookies will enter into force on 31st March 2021. This new rule will facilitate the refusal of cookies by Internet users. This may have a significant impact on media that have not taken this regulation into consideration. Don't panic! There are some good practices and alternatives to limit the damage.
The latest recommendations of the CNIL
On 1st October 2020, in a small revolution, the CNIL announced its latest regulations in terms of personal data collection. Its objective: to give the French people the possibility to better understand the collection of data carried out on digital platforms in order to accept or refuse the sharing of these data if they wish.
Thus, scrolling or continuing to browse will no longer be considered as consent, and the "Accept" or "Refuse" buttons will have to be present at the same level in the form presented at the start of browsing on a digital platform, regardless of the device (computer, mobile or tablet). The CNIL recommends reducing the validity period of cookies from 13 months to 6 months.
What should be done to comply and to obtain valid consent?
- It is no longer possible to use the formula "By continuing to browse the site, you accept that we use your personal data".
- The data collection conditions must be accessible at the first navigation level in clear language and must not include misleading elements.
- The user must be able to personalise the collection of their data or consent in general with buttons presented at the same level "Accept all" or "Refuse all" (provided that the purposes of the data collection are clearly explained beforehand).
- Any consent must be able to be retained for 6 months so that the user is not solicited within a certain time frame.
- The digital platform should show a comprehensive list of data controllers that is easily accessible
- The user must be able to reconsider his decision at any time
Some ways to encourage users to accept advertising cookies?
The risk for sites is that their CMP (Consent Management Platform) could be transformed into a real ad blocker, especially since in the new Google Ad Manager (GAM) policy, Google has announced that ads managed by this platform could not be called up if a visitor refuses the cookies. The site will then be emptied of its advertising inserts! So you'll have to be clever to encourage without deceiving, and that's no easy task! Here are a few tricks, some of which have already been tested by major media such as Le Monde, Le Figaro, Europe 1 and the JDD.... :
- Contextualise the request: it is important to simply explain the action you wish to obtain from the Internet user and why you are asking for this action. It is therefore important to work well on your hooks to help the user understand
- Work on the UX of your CMP: using the design of your site on your CMP interface will immediately immerse the user in the world of your site. Avoid austere environments that users will want to flee from as quickly as possible.
- Be educational: it is important to explain why advertising is important to the viability of your digital platform. Some publishers are thinking about the possibility of differentiating a digital platform according to the user's consent and therefore proposing a richer experience or offer depending on whether or not cookies are accepted.
- The "Continue without accepting": the CNIL in its recommendations has nevertheless opened a small Pandora's box by authorising the collection of consent with the "Accept all" and "Set" options next to each other and the "Continue without accepting" option in the top right-hand corner. Here are some examples: