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:
- 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.
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