Cookies and consent: what the rules say (CNIL)
What a cookie is, the difference between essential and non-essential cookies, when consent is mandatory, and how to put up a compliant cookie banner without annoying your visitors.
The infamous cookie banner annoys everyone — often because it is poorly done. Here is the rule, plain and simple, to stay compliant without hounding your visitors.
What is a cookie?
A cookie is a small file that a website stores in your browser to remember something: a login, a shopping cart, a language, or… your behaviour for advertising purposes.
Two families, two rules
- Essential cookies: required for the site to work (cart, session, security). No consent needed — they are exempt.
- Non-essential cookies: advertising, non-exempt audience measurement, social networks, third-party trackers. Consent required before storage.
The question to ask yourself: “Is this cookie essential to the service, or is it there to track me / serve ads?”
The rules for a compliant banner (CNIL)
- Inform clearly: which cookies, why.
- Prior consent: nothing non-essential before the click.
- Refuse = accept: refusing must be just as easy as accepting (two buttons at the same level).
- No pre-ticked boxes, no “forced” consent to access the site.
- Keep a record of consent, and allow visitors to change their mind.
The simplest approach: have as few as possible
The best way to avoid trouble: limit non-essential cookies.
- A privacy-friendly audience measurement (cookie-free, or exempt) often avoids the banner altogether.
- Fewer third-party trackers = a faster site that is simpler to bring into compliance.
A static information site, with no ads or tracking, can often do without a banner — because it stores no non-essential cookies.
In summary
| Cookie | Consent? |
|---|---|
| Session, cart, security | No (essential) |
| Advertising, tracking, social networks | Yes, before storage |
The cookie is not the enemy: it is its tracking use that is regulated. Keep it simple, be transparent, and offer a genuine choice. (More context in our GDPR article.)
Test your knowledge
A cookie is…
A cookie is a small file stored by the browser; it is used to remember a login, a shopping cart, or to measure audience.
For which cookies is consent mandatory?
Cookies strictly necessary for operation are exempt; advertising/tracking cookies require prior consent.
A compliant cookie banner must allow visitors to…
Refusing must be as simple as accepting. No pre-ticked boxes, no forced consent.
Until the visitor has consented, non-essential cookies…
Storage only happens AFTER consent. Otherwise the banner is pointless.