On December 17, 2013, the French Data Protection Authority – CNIL - published its new cookie guidance. http://www.cnil.fr/vos-obligations/sites-web-cookies-et-autres-traceurs/
The CNIL now admits the possibility to rely on an implied consent (as in the majority of other EU countries) since it gives the following example to be used by companies:
“If you continue to use this site we will assume that you accept the use of [Cookies or other tracking devices] to offer you [For instance, targeted advertisement according to your interests] and [For instance, to make statistics on how users use the site]. To know more and chose your Tracking preferences”.
This new guidance was expected as it is now in line with the Art.29 WP opinion at European level.
Interestingly, the CNIL also prescribes a new maximum retention period for cookies of 13 months now, instead of just 6 months as in the past. It also insists that consent (or implied consent) on cookies will need to be renewed at least every 13 months.