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France: Conseil d'Etat upholds CNIL action plan for targeted advertising
The Conseil d'Etat issued, on 16 October 2019, a decision ('the Decision') upholding the French data protection authority's ('CNIL') 2019-2020 action plan, following appeals rejecting the action plan, such as that filed by La Quadrature du Net. In particular, the Decision outlines that CNIL was correct in its publication of the action plan defining the practicalities of explicit consent, and in allowing organisations a six month transition period in mid-2020 to ensure compliance with the same.
In addition, the Decision highlights that CNIL, as an independent authority, can formulate and publish such action plans. Consequently, the Decision concludes that the transition period for organisations to comply with the same is not unlawful. Finally, the Decision considers that the Decision does not violate the right to respect for private life, since it aims to remedy prohibited practices of targeted advertising.
You can read the press release here and the Decision here, both only available in French.
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