ECJ case C-673/17 (Planet 49)

To read the judgment click here.

In this case the Court of Justice of the European Union (“CJEU”) was asked to consider a series of questions in relation to the use of pre-ticked checkboxes and cookies. It held the following:

• A pre-ticked checkbox, which a user must de-select to refuse consent to the use of cookies, is not valid consent for the purposes of the e-Privacy Directive and Directive 95/46/EC. This means that all consent needs to be “opt-in”.
• The consent requirements of the e-Privacy Directive apply whether or not the cookies in question constitute personal data.
• Whether the cookie data are already on a user’s device are irrelevant, a pre-ticked checkbox for consent will still not constitute valid consent.
• The website operator must give users information about the duration of each cookie, and whether or not third parties receive cookie data.

If you are interested in any further information or advice, please contact my clerks on 020 3179 2023 or privacylawbarrister@proton.me