The CNIL has released its public statement about the legislation recently published by the French government on cookies and data breach notification. In the CNIL's view, browser settings allowing all cookies without making a distinction between their purposes cannot be deemed as a valid consent expressed by the user. This interpretation is "more restrictive than required by the legislation but very much in line with the UK Information Commissioner's Office and the European Article 29 Working Party," according to Bird & Bird associate Gabriel Voisin. In its statement, the CNIL also expressed dismay that the legislation does not require sites to provide users with information on recipients and data controllers. (Statement in French.)
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