Are cookies used for cashback or reward services exempt from the requirement to obtain consent?

ANSWER

Yes. Cashback or reward systems operate in such a way that users who have registered on a partner website receive a partial refund or other benefits (such as discount vouchers, preferential rates, etc.) when they make a purchase on a merchant's website that they accessed through a link placed on the partner website.

A ruling on this matter was issued in France, where the French Council of State, in its decision of 8 April 2022, indicated that user consent is not required for tracking mechanisms implemented for the purposes of such cashback and reward systems, as they are considered necessary for providing a service requested by the subscriber or end user – even when the same mechanisms are also used for additional purposes.