France. ePrivacy / marketing. Act

Art 82 LIL / CPCE L34-5Article 82 of Law 78-17 (cookies) and Article L34-5 of the Postal and Electronic Communications Code (CPCE) (direct marketing)

In force
Partly verifiedMedium confidence. Legifrance article identifier for Art 82 not re-verified.

§1Summary

Synopsis

France requires prior consent for non-essential cookies and trackers, and opt-in for e-mail/SMS marketing to individuals with a soft opt-in for existing customers. The CNIL treats refusing cookies as needing to be as easy as accepting.

Key themes
  • cookies/terminal equipment consent
  • direct marketing
  • soft opt-in
  • traffic and location data
Unique features

The CNIL is the EU's most active cookie enforcer, issuing nine-figure fines to large platforms; because Art 82 is national law the GDPR one-stop-shop does not apply.

SaaS relevance

Any SaaS website, app or product that sets non-essential cookies/SDKs or sends marketing emails/SMS to users in this country needs prior consent (subject to exemptions) under this law, regardless of where the provider is based.

§2Obligations

Extraterritorial
Yes
Breach notification
Telecom providers: authority notification under Reg 611/2013; otherwise GDPR
DPO
No
Cross-border transfers
None
Maximum penalty
CNIL fines under LIL Art 20 (up to €20m/4% scale); DGCCRF fines for L34-5

§3Dates

Key dates
  • Adopted
  • In force
  • Art 82 reflects ePrivacy 2009 changes transposed by Ordinance 2011-1012; CNIL cookie guidelines and recommendation of 17 Sept 2020

§4Text and authority

Text
Authority
CNIL (cookies and marketing); DGCCRF also enforces L34-5

§5Where it applies

Domestic law of
France

§6Sources and verification

Sources consulted
Verification

Medium confidence.

Partly verifiedMedium confidence. Legifrance article identifier for Art 82 not re-verified.