Europe Supreme Court Ruled that Cookies Requires Active Consent

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Date: 01 – October – 2019

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The use of pre-checked boxes for accepting cookies on websites is not valid

The European Supreme Court informed today that the use of pre-checked boxes for accepting cookies on websites is not valid, they ruled that cookies require the users’ active consent and this consent must be obtained before storing non-essential cookies like the ones used for targeted advertising. 

Furthermore, it’s also necessary to provide information to the user about the duration of the operation of the cookies and if third parties could have access to the information of the cookies.

This ruling of the European Supreme Court puts on thin ice many websites, since the use of pre-checked checkboxes where the user has to deselect the options in order to refuse his consent is a very usual method for cookie consent. 

Today’s decision of the European Supreme Court is the outcome of a request that the German Court did related the case of the lottery website Planet 49.

In this case the website requested its users to consent to the storage of cookies in order to be able to play a promotional game, then, these cookies collected information that was used to advertise Planet49’s partners’ products.