France’s data protection authority, the CNIL, has released updated guidance on when audience measurement tools such as website analytics can be used without requiring user consent. These rules fall under Article 82 of France’s Data Protection Act and are especially relevant for companies operating digital platforms in the French market.
The update outlines specific conditions that analytics tools must meet in order to be considered essential and thus exempt from consent requirements. While this opens the door to streamlined user experiences, it also raises the bar on compliance expectations and as if GDPR wasn’t enough to deal with there are even more nuances that a business targeting French residents need to deal with. Lucky for them however there is the help and assistance available from the team members at Captain Compliance!
When Are Analytics Tools Exempt from Consent with CNIL?
To qualify for a consent exemption, the analytics tool must meet all of the following requirements:
• Be used strictly for measuring the performance of the site or app, identifying navigation problems, improving technical performance or design, and estimating server capacity—on behalf of the publisher only
• Generate anonymous statistical data only
• Not be used to combine data with other systems or transmit identifiable information to third parties
• Not enable tracking across multiple websites or apps, including the use of persistent identifiers on third-party domains
In short, if your analytics solution is used for anything beyond internal performance measurement—and especially if it involves cross-site tracking or audience targeting—it likely falls outside the exemption.
What the CNIL Recommends
Even when an exemption applies, the CNIL recommends several safeguards:
• Users should be clearly informed, such as through the site’s privacy policy
• The cookie lifespan should be capped—typically no more than 13 months—and must not reset with each new visit
• Data collected through these tools should be stored for no more than 25 months
• Both cookie lifespans and data retention policies should be reviewed regularly to ensure they remain necessary
Guidance for Analytics Vendors
If you’re a provider of audience measurement tools, you have additional responsibilities:
• Conduct a self-assessment using the CNIL’s evaluation tool to determine whether your solution can be configured for exemption
• Ensure that all customer data is collected, stored, and processed separately—with no cross-account data reuse
• Make clear to customers that your tool is not “CNIL-certified” and avoid using any CNIL logos or seals
• Provide technical documentation and setup guidance to help customers implement your solution properly
• Be prepared to justify your exemption claims during an audit or regulatory review
What Website Owners Should Know
If you’re running a site or mobile app and want to use an exempted analytics solution, you’ll need to:
• Ask vendors to confirm in writing that their tools meet CNIL’s exemption criteria
• Review how cookies are deployed and whether they comply with limits on lifetime and usage
• Keep in mind that even if a vendor claims compliance, your organization remains responsible for how the tool is used
Importantly, CNIL’s self-assessment tool is not a guarantee. If your implementation is audited and found to be out of compliance, both your organization and the vendor could face consequences.
Why This Matters
This new guidance gives clarity for companies that rely on analytics but want to reduce user consent fatigue and stay compliant. At the same time, it reinforces the idea that simply using a well-known tool like Google Analytics isn’t enough unless it’s properly configured and limited in scope.
If your site targets French users or operates within the EU, this is a moment to double-check your current practices. Tools that silently collect broad user data or tie back to marketing platforms likely do not qualify for exemption under Article 82. There will be even greater enforcement coming and as we showcase the GDPR Fines in our free violation tracker tool you can see there are billions of Euros paid out in fines each year for non-compliance and no business is too small or large to receive an infraction.
