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FRConsent ViolationTechnologyDecision: 2022-01-06

Google Ireland

€150.0M

Issued by Commission Nationale de l'Informatique et des Libertés (CNIL) on 2022-01-06

What happened

The CNIL fined Google Ireland €150 million for violating French cookie consent rules on google.fr and youtube.com. The investigation found that while both sites provided a button to immediately accept all cookies, they did not offer an equally simple mechanism to refuse cookies. Users had to navigate through multiple clicks to reject tracking cookies, creating an asymmetry that undermined the freedom of consent. The CNIL determined this 'dark pattern' design meant consent was not freely given, as users were nudged toward acceptance through the path of least resistance. The fine was accompanied by an order to implement a refuse-all button within three months.

Articles violated

Art. 82 Loi Informatique et Libertés

Lessons learned

Cookie consent mechanisms must offer equally prominent options to accept and refuse cookies. Dark patterns that make refusal more complex than acceptance violate consent requirements. The 'one-click accept, multi-click refuse' design is specifically non-compliant. Companies should implement a single-click 'Refuse All' button alongside 'Accept All' to ensure consent is freely given.

Source

View original decision

Disclaimer: This summary is for informational purposes only and does not constitute legal advice. Refer to the original decision for complete details.

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