France’s Council of State has ordered the CNIL (French data protection watchdog) to cancel parts of its guidelines on cookies as the ban on cookies walls was not valid. The court explained that the CNIL exceeded its specific mandate under an act called “flexible law” which refers to instruments, such as regulatory authorities’ guidelines, which do not create a legal right or obligation.
Although a recent update of the EDPB Guidelines on consent invalidated ‘cookie walls’, our patient may still be very much alive. There potentially might be similar court decisions in some other Member States.
Recently, the BfDI (German watchdog) said that “cookie-walls are permitted if a comparable service is also offered without tracking, for example, as a paid service”. This happened right after the update of the EDPB Guidelines on consent came out.
Original text of the decision is in French: