Google LLC
Asymmetrical Cookie Consent
France
2021
€150 Million Fine
Cookie Compliance
Background
In December 2021, the French data protection authority (CNIL) fined Google €150 million because Google's cookie consent process in France didn't offer an equally easy way to refuse cookies as it did to accept them on google.fr and youtube.com.
CNIL also mandated that Google fix this within three months or face an additional €100,000 daily fine. This highlights the importance of offering users a balanced and straightforward choice regarding cookies to comply with data privacy regulations.
Privacy Issues Identified
- Asymmetrical cookie consent interfaces favoring acceptance over refusal
- Violation of freely given consent principles by creating friction in the refusal process
- Non-compliance with requirements for equal ease of accepting or refusing cookies
- Failure to implement a clear "refuse all" option with equivalent prominence to "accept all"
Business Impact
Financial Impact
- • €150 million immediate fine
- • €100,000 daily penalty threat
- • Compliance implementation costs
Operational Impact
- • Forced interface redesign
- • Regulatory oversight
- • Reputational damage
How Data>Nuance Could Have Prevented This
Our Solution
- Balanced cookie consent mechanisms featuring equally prominent accept and refuse buttons
- Ongoing compliance monitoring to adapt to evolving regulatory interpretations
- User experience design that prioritizes genuine choice over conversion optimization
- Regular audits of consent interfaces across all jurisdictions