The French data protection authority CNIL (Commission Nationale de l’Informatique et des Libertés) recently took a stand against manipulative cookie consent practices known as dark patterns. These practices are used by some publishers to nudge users into accepting cookies. The CNIL discovered several non-compliant practices, including: The reject option is presented in the form of a clickable link whose choice of color, font size, and font style disproportionately emphasizes the acceptance option over the reject option;the location of the reject option is so embedded in the information that it is not readily apparent;the reject option is placed next to other paragraphs without sufficient spacing to visually distinguish it from all other information;the accept option is presented multiple times in the banner, while the rejectoption is presented only once and in non-explicit terms (“I decline non-essential purposes”).Such practices violate both the French Data Protection Act and the GDPR. This crackdown highlights the importance of transparent and fair consent practices. Website publishers must prioritize user rights and ensure clear, straightforward choices for consent. |