CNIL (France) - SAN-2021-013

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CNIL (France) - SAN-2021-013
Authority: CNIL (France)
Jurisdiction: France
Relevant Law:
Article 82 Loi n° 78-17 du 6 janvier 1978 relative à l'informatique, aux fichiers et aux libertés
Type: Investigation
Outcome: Violation Found
Decided: 27.07.2021
Published: 29.07.2021
Fine: 50000 EUR
Parties: Société du Figaro
National Case Number/Name: SAN-2021-013
European Case Law Identifier: n/a
Appeal: n/a
Original Language(s): French
Original Source: Légifrance (in FR)
Initial Contributor: rem

The French DPA fined a publisher €50,000 for failing to comply with its obligations to inform and obtain consent from individuals regarding cookies and other trackers on its website.

English Summary


This decision follows a complaint received by the French DPA (CNIL) on 16 August 2018 from a user of the Société du Figaro's website, a publisher, in which was reported the installation of cookies on their terminal without their consent and prior to any action.

The DPA therefore conducted five online inspections of the website between 14 January 2020 and 1 June 2021.

During the first two operations, the DPA carried out a verification on:

  • The nature of the cookies;
  • The purpose of each of the cookie;
  • The information provided to users;
  • The system put in place so that the user can refuse the installation when browsing on the home page of the website.

Then, the DPA also verified the consequences for the user of navigating to another page of the website after having refused the installation of cookies on arrival on the website.


First, the DPA stated that the scope of responsibility of the controller regarding cookies on its website exists in the form of an obligation of means to ensure that its partners do not, via its website, install cookies in violation of the applicable law.

In addition, the DPA found out that cookies were installed on a user's terminal as soon as they arrived on the website's home page, before they could express their choice, and even if they had expressed a refusal in the event of navigation to another page of the site.

Consequently, the DPA held that the controller had breached its obligations regarding consent and information about cookies on its website by:

  • allowing cookies to be installed on users' terminals before any action on their part;
  • making their refusal ineffective;
  • failing to ensure that its partners do not emit, via its site, cookies that do not comply with the applicable regulations;
  • failing to take the necessary steps to put an end to the breach observed.

The DPA fined the controller €50,000.


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English Machine Translation of the Decision

The decision below is a machine translation of the French original. Please refer to the French original for more details.