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Data

French data regulator updates cookie exemption rules for websites

The French data protection authority CNIL clarified requirements for audience measurement tools to operate without user consent under strict conditions.

Luis Rijo

• 5 min read
Website analytics dashboard showing CNIL-compliant audience measurement cookies with French privacy regulations
Website analytics dashboard showing CNIL-compliant audience measurement cookies with French privacy regulations

France's Commission Nationale de l'Informatique et des Libertés (CNIL) announced on July 4, 2025, updated guidelines for implementing audience measurement solutions on websites and mobile applications without requiring user consent. The new framework includes a self-evaluation tool to help service providers assess compliance with Article 82 of the French Data Protection Act.

According to the CNIL announcement, cookies used exclusively for audience measurement can be exempt from consent requirements if they meet specific technical criteria. The exemption applies when trackers serve strictly limited purposes including performance measurement, navigation problem detection, technical optimization, server capacity estimation, and content analysis for the publisher's exclusive use.

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Summary

Who: The French Commission Nationale de l'Informatique et des Libertés (CNIL) issued guidelines affecting website operators, mobile application developers, audience measurement service providers, and European publishers implementing tracking technologies.

What: Updated regulations allow audience measurement cookies to operate without user consent under strict conditions, accompanied by a self-evaluation tool for service providers to assess compliance with Article 82 of the French Data Protection Act. Requirements include data minimization, anonymization, first-party cookie restrictions, and prohibition of cross-site tracking.

When: The guidelines took effect July 4, 2025, with immediate implementation required for new measurement solutions and compliance assessment needed for existing implementations.

Where: The regulations apply to websites and mobile applications operating in France, with broader implications for audience measurement providers serving European markets under privacy regulations.

Why: The framework addresses growing concerns about online tracking practices while maintaining functionality for legitimate audience measurement, providing clarity for publishers navigating privacy compliance while preserving analytical capabilities in the evolving digital advertising landscape.

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Service providers must now use the newly released self-evaluation tool to determine whether their measurement solutions qualify for the consent exemption. The tool contains detailed technical requirements covering data collection, storage, and processing practices that solution providers must implement.

Technical requirements for exemption

The CNIL framework establishes strict criteria for audience measurement tools seeking consent exemption. Solutions must collect a maximum of three event types: simple page presence with associated information, user functionality interactions with destination details, and loading time statistics including scrolling and time spent on pages.

Data minimization requirements mandate that HTTP header field collection be limited to major operating system and browser versions. IP addresses, when used for localization, must be pseudonymized by removing at least the final byte after city-level geographic determination. Digital fingerprinting measures must include site-specific components to prevent cross-site tracking and temporal elements to ensure limited lifespan.

The authority prohibits external data imports including customer relationship management identifiers, UTM parameters, and campaign identifiers in URLs. Referrer data collection, when implemented, must be restricted to domain-level information only. Third-party tool integrations are explicitly forbidden under the exemption framework.

Cross-domain tracking capabilities are completely prohibited. Cookie identifiers must be deposited internally as first-party cookies to prevent global browsing tracking. Any functionality designed for cross-referencing, deduplication, or unified content reach measurement must be disabled.

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Data processing and anonymization standards

Anonymous statistical data production represents a core requirement for exemption eligibility. All reports generated by qualifying solutions must contain only anonymous statistics for both interface visualization and export functions. The CNIL recommends aggregating data to the nearest ten users, though alternative anonymization approaches may be acceptable with proper justification.

Anonymization effectiveness must remain consistent regardless of selection criteria chosen by the solution's client. Combinations of criteria cannot isolate individual users, and single-user browsing tracking capabilities must be completely disabled. Session replay functionalities are explicitly prohibited under the exemption framework.

Service providers operating under the exemption must function as data processors rather than controllers. They cannot pool raw audience measurement data from multiple customers or reuse data for their own purposes, including service improvements or fraud prevention. Standard data processing agreements complying with Article 28 of the General Data Protection Regulation are mandatory.

The authority requires service providers to establish contact points for receiving and handling prospect questions and complaints regarding compliance. Documentation must be provided to potential customers demonstrating adherence to the framework's requirements.

User rights and opposition mechanisms

Despite the consent exemption, user opposition rights remain protected under the new framework. Website and application operators must implement opposition mechanisms where personal data processing occurs within GDPR scope. Opposition options must be available through clickable buttons or links within privacy policies.

Technical implementation of opposition requires placing opposition cookies or measuring digital fingerprints and adding them to rejection lists. These mechanisms must persist over time to ensure ongoing respect for user preferences. The CNIL emphasizes that economic necessity does not qualify as "strictly necessary" for exemption purposes.

Users must receive information about tracker implementation through privacy policies or similar mechanisms. The authority recommends tracker lifespans not exceed thirteen months without automatic extension during new visits. Collected information retention periods cannot exceed twenty-five months, with regular reviews required to ensure minimal necessary duration.

Industry impact and marketplace compliance

The updated framework addresses growing concerns about online tracking practices while maintaining functionality for legitimate audience measurement. Current market solutions often fall outside exemption scope when providers indicate data reuse for their own purposes, though configuration modifications may enable compliance in some cases.

The CNIL provides specific language for compliant service providers marketing their solutions. Approved providers may state their solutions meet CNIL criteria and can be implemented without user consent when properly configured, but cannot claim CNIL certification or validation.

Privacy-focused advertising alternatives have gained importance as third-party cookie deprecation continues affecting digital advertising measurement capabilities. The CNIL framework provides European publishers with clearer guidance for implementing compliant audience measurement systems.

Attention from regulators has intensified regarding cookie practices, with recent enforcement actions including substantial fines for improper tracking implementations. Publishers must carefully evaluate their measurement solutions against the new criteria to maintain compliance while preserving analytical capabilities.

Data transfer considerations require special attention for solutions involving European Union data exports. Publishers implementing exempt measurement tools must verify their providers' data handling practices align with international transfer requirements under current privacy regulations.

The framework establishes France as a leader in providing practical guidance for balance between privacy protection and legitimate business needs. Publishers operating internationally may find the CNIL approach influences similar regulatory frameworks in other European jurisdictions.

Implementation timeline and enforcement

The self-evaluation tool became available July 4, 2025, with immediate effect for new implementations. Existing measurement solutions require assessment against the updated criteria to maintain exemption status. The CNIL retains authority to review compliance during inspections and investigations.

Service providers completing self-evaluation assessments bear responsibility for demonstrating compliance if challenged during regulatory reviews. Both data controllers and processors face potential liability for non-compliance with Article 82 requirements. The authority recommends regular review of technical implementations to ensure ongoing adherence.

Publishers selecting audience measurement solutions must request compliance documentation from providers and verify proper configuration before implementation. The CNIL emphasizes publisher responsibility for due diligence in solution selection and configuration management.

Enforcement priorities focus on solutions claiming exemption status without meeting technical requirements. The authority plans increased scrutiny of audience measurement implementations throughout 2025, particularly examining cross-site tracking capabilities and data anonymization effectiveness.

Timeline