ECJ case C-673/17 (Planet 49): A Summary (Consent in the use of cookies)

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.

 

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