04. Nov 19

ECJ: Cookies require users’ active consent

The use of cookies on websites requires users’ active consent. That was the verdict of the ECJ in a ruling from October 1, 2019 (Az.: C-673/17).

Users regularly encounter what are referred to as “cookies” on websites online. These are used for storing information on a user’s hard drive. We at the commercial law firm MTR Rechtsanwälte note that this makes recognizing users and their preferences quicker when they revisit a website.

It is also common for users to come across pre-checked boxes on websites that indicate consent to the use of cookies. According to the ECJ’s ruling, this is not allowed. The Court made it clear that the user must provide active consent in each instance and that consent is not validly constituted by the user failing to deselect a pre-checked box to refuse his or her consent. The ECJ went on to state that the user participating in a promotional lottery does not constitute valid consent to the storage of cookies either. Moreover, the service provider must provide information concerning the duration of the operation of cookies and whether or not third parties may have access to those cookies.

A lot of website operators will have to adjust their online presence following the ECJ’s ruling. Lawyers with experience in the field of IT law can offer advice.

For more informations: https://www.mtrlegal.com/en/legal-advice/it-law.html

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