Should users be informed about cookies that do not require their consent (e.g., technically necessary cookies)?

ANSWER

Article 173(3) of the Telecommunications Law does not require users to be informed about the use of such cookies.

However, it is worth referring to the guidance of certain supervisory authorities, such as the French supervisory authority (CNIL), which recommends informing users about the use of these cookies in order to ensure full transparency. Such information may be included in the privacy policy or cookie policy.

Furthermore, regardless of the obligations arising under the Telecommunications Law, data subjects must be informed, in accordance with the GDPR (Article 13), about all personal data processing activities that concern them.