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The CNIL (French data protection authority) published its new cookie guidelines in October 2020, with a deadline for compliance set at the end of March 2021. What is your action plan? Find out what the most noticeable changes are, and how the Didomi Console has implemented them in order to make the transition to compliance as easy as possible for you, before the deadline.
Summary :
- What are the new features, and how are they implemented in the Didomi SDK?
- Why it is better to act sooner, rather than later
- How Didomi can help you
UPDATE: This article has been updated on the 26th February to take into consideration new features in the Didomi Console (namely, the addition of the refuse button on the 1st level of a consent notice).
Do the CNIL recommendations apply to my company?
So, the CNIL has published its new guidelines, but what does this mean for your company?
The CNIL's new recommendations concern any organisation, whether this be a company, one of its agencies or a media organisation with a website or application from which user data can be collected, used, and/or transmitted to partners.
In addition, the CNIL's recommendations apply to all types of web devices (fixed computers, laptops, tablets) and mobile devices (smartphones), since all of these use technologies for tracking internet users.
Does this apply to you? Read on to find out the most important new guidelines, and how the Didomi SDK will implement them.
What are the new features, and how are they implemented in the Didomi SDK?
Here are three of the most important changes, along with a full description of how the Didomi Console will allow you to comply without any issues. For a more comprehensive list of all the changes, please see our detailed page in French here.
Not a Didomi customer but want to access these features? Get in touch with us and we will help you to comply, thanks to a bespoke Consent Management Platform (CMP)
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1) Scrolling and click navigation are no longer valid modes of consent
Consent must consist of a clear positive action on the part of the user, and the CNIL does not consider scrolling or click navigation as valid modes of consent. It is therefore no longer permitted to refer users to the Privacy Policy, or to use wording such as "By continuing to browse, you accept that we use your personal data" (consent by scrolling).
How do I stop using these methods of consent in my banner?
You can very easily deactivate these options directly within the Didomi interface. To do this, you just have to go to the Console, edit your banner, then go to the "Behavior" step.
To deactivate the scroll, you must uncheck the following box:
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To disable consent by click navigation, you must uncheck the following box:
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Making this process as easy as possible for our customers is our priority, and it can't really be simpler than unchecking two boxes, can it?
2) The CNIL proposes that the validity period of the consent to the deposit of cookies be changed from 13 to 6 months.
Another notable change is the length of time the user's choice of cookies is retained. Previously, it was thirteen months, but now the CNIL leaves more freedom to publishers, suggesting a duration of 6 months, but without imposing it. However, you must be able to justify your choice if you wish to set the valid period of consent above six months.
How do I configure the cookie consent lifetime in the Didomi console?
At the moment Didomi offers an automatic shelf life of 13 months. If you wish to change this, you can do so directly in the Console, and choose the period of time you prefer.
3) The possibility for the user to globally refuse the deposit of cookies is mandatory on the first level of your banner.
Perhaps the most noticeable visual change is that there must be perfect symmetry between the "accept" and " refuse" buttons on your cookie banner. This means that BOTH must appear on the first level of your banner. Indeed, it must be as simple for the user to accept as it is for the user to refuse the deposit of trackers.
How do I add this button in the Didomi Console?
You can now add this choice to your notices directly in the Didomi Console, which will allow the user to refuse consent from the first view of the banner when they visit your website or mobile app.
You can add the option to disagree in two different ways:
1. You can display a "Disagree to all" button, which will appear next to the "Agree to all" button. This button will de displayed by default in the same colour as the "Learn more" button. If you want it to have the same background as the "Agree to all" button, you just have to check the box that allows you to do so.
2. You can also choose to add a "Continue without agreeing" link, instead of a button. This link will appear by default at the top of your notice.
Why it is better to act sooner, rather than later
So you may have noticed that your website is not yet compliant. Don't worry, you still have a few months before the deadline and we are here to help you.
So what's the timeline? The deadline is 31 March, but we recommend that you comply before that date for three main reasons:
1) This period of time only applies to "new measures".
The CNIL considers that companies must already be in compliance with rules that have been known for a long time (consent before dropping the cookies), and the 6-month adaptation period only concerns new measures (button to decline all the cookies on the first screen of the banner, disable the consent with scroll and navigation click).
2) This will give you time to adapt your CMP to your needs.
Take the time to think about the user experience and configure your CMP according to your needs. It will be important to determine in general terms the customer experience you want to give your users (pop-in format, low banner...) as this will affect your consent rates, and the trust visitors will place in your company.
3) Compliance is an opportunity to gain user trust
Compliance is more than just a legal obligation, it is also an opportunity to gain the trust of users and prove that you value their rights.
So, these are the three main reasons why we recommend that you comply as soon as possible.
How Didomi can help you
At Didomi, we work hard to ensure that our clients can achieve CNIL compliance quickly and easily. As you can see, we have taken into account all of the CNIL recommendations and adapted our solution accordingly.
We offer a CMP that is both compliant and effective, enabling brands to measure and optimise the impact of consent on user experience and revenue.
So what are your next steps? In this article, we have summarised how we will help you ensure CNIL compliance for all our clients by the March deadline.
Not one of our customers, but you want to become CNIL compliant thanks to a customised Didomi CMP?
Contact us, and we can start the compliance process today.
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