Do I need a cookie banner for analytics in France?

The CNIL's guidelines exempt audience measurement from consent when it serves only the publisher, produces anonymous statistics, is not combined with other data or passed on, and follows nobody across sites; it keeps a list of the conditions and a self-assessment tool.

The rule

Supervised by
National Commission on Informatics and Liberty (Commission nationale de l'informatique et des libertés) (CNIL)
Written in
French Data Protection Act (Loi Informatique et Libertés), Article 82

The conditions of the exemption

  • The measurement is strictly limited to the audience of your site or app, for your own account only
  • It produces anonymous statistics only
  • The data is not combined with other processing and not passed to third parties, except anonymised
  • No visitor is followed across sites or apps
  • A tracker lives at most thirteen months and is not extended on a return visit; raw data is kept at most twenty-five months
  • Visitors are informed, and the setup is reviewed from time to time

What the regulator and the courts have said

Tool by tool

The same question for the tools people use most. Tools that work without cookies get the same verdict as Nvivio.

ToolBanner needed?Why
Google Analytics 4, as it shipsYesSets the cookies _ga and _ga_<id> for two years to tell users apart. Cookies that identify a browser for two years are neither strictly necessary nor anonymous audience measurement, so France asks consent for them.
Google Analytics 4 with consent modeYesConsent mode adapts Google's tags to the choice a visitor made in a banner. It is a way to handle consent, not an exemption from it.
Matomo without cookiesNoWith cookies turned off and the IP address shortened, it stores nothing on the device and measures only for you.
Plausible or FathomNoNo cookies and no identifier that lasts beyond a day, measurement for you only.
Nvivio, privacy modeNoNo cookie, nothing on the device, the IP address never stored, a visitor code that changes every day, reports as totals.
Nvivio, cookie modeYesPlaces one first-party cookie to recognise a visitor over months. That needs consent, and Nvivio says so.
Heatmaps and session recordingsYesThey record what one visitor did, usually with a cookie, and are never only audience measurement.

What changes with the Digital Omnibus

The EU is rewriting the cookie rule. Both the Commission's proposal and the Council's mandate exempt aggregated audience measurement by the provider of a site, or by a third party on its behalf, from consent. The text is not law yet.

France already exempts privacy-friendly audience measurement through its regulator. The Digital Omnibus would put a similar exemption into EU law, with its own conditions, which would then replace the CNIL's wording; for measurement like Nvivio's the answer stays no banner. Where the Digital Omnibus stands

Set it up without a banner

Three steps, in the order that keeps you on the right side of the rule in France.

  1. Add the Nvivio script to your site in privacy mode, the default: no cookie, nothing on the device.
  2. Mention Nvivio in your privacy notice, with the objection box, so visitors can opt out with one click.
  3. If you keep another tool that sets cookies, load it only after consent, or drop it.

How to install Nvivio

Frequently asked questions

Is first-party analytics exempt from consent in France?

Yes, under conditions: measurement for your own site only, statistics that identify nobody, no tracking across sites, and visitors told about it. First-party alone is not enough; a first-party tool that profiles visitors still needs consent.

Does Google's consent mode v2 remove the banner?

No. Consent mode tells Google's tags what the visitor chose in your banner and sends cookieless pings when consent is refused. It presumes a banner; it does not replace one, and the pings themselves are not covered by any exemption in France.

Can I keep Google Analytics 4 next to Nvivio?

Yes, as long as Google Analytics loads only after consent. Nvivio measures everyone in privacy mode, so you keep complete numbers; Google Analytics then shows the consenting part, with its own tools and its data in the United States.

My visitors come from several countries. Which rule applies?

The rules of every country whose residents you measure, not only the one you are in. Follow the strictest country that matters to you, or load the tool that needs consent only after consent there. A tool that needs no consent anywhere, like Nvivio in privacy mode, avoids the question.

Is this legal advice?

No. It is general information, checked against the sources below on the date shown. Rules and readings change; a decision for your site is yours, or your adviser's.

Nearby countries

Sources

This is general information, not legal advice.